Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130009162
Original file (20130009162.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    20 August 2013

		DOCKET NUMBER:  AR20130009162 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the removal of a DA Form 4856 (Developmental Counseling Form), dated 30 January 2010, from the restricted section of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).

2.  The applicant states that nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) was imposed against him for failure to repair (FTR); however, there is an incorrect DA Form 4856 in his record indicating he was counseled for driving under the influence (DUI) and FTR.  He goes on to state he was not charged with DUI and that counseling was supposedly destroyed and redone solely for FTR.  He further states it is not reflected on his evaluation report and he received his Army Good Conduct Medal.

3.  The applicant provides:

* Permanent Orders 305-01, issued by Headquarters, 3rd Battalion,
187th Infantry Regiment, 3rd Brigade Combat Team, 101st Airborne Division, Fort Campbell, KY, dated 1 November 2010
* DA Forms 2166-8 (NCO [Noncommissioned Officer] Evaluation Report) for the period 4 June 2009 through 3 June 2010 and 4 June 2010 through 14 May 2011


CONSIDERATION OF EVIDENCE:

1.  The applicant was serving in the rank of sergeant at Fort Campbell when he was counseled on 30 January 2010 for failure to go to his place of duty and DUI.  He was advised that the battalion commander would make a decision on the course of action to be taken.

2.  The applicant was subsequently advised that because the unit was deploying to Afghanistan, his punishment would be decided at a later date.

3.  On 15 June 2010, NJP was imposed against the applicant in Afghanistan for failure to go to his place of duty (accountability formation) on 29 January 2010.  The applicant did not appeal his punishment and the imposing officer directed that the DA Form 2627 be filed in the restricted section of his AMHRR.  The
DA Form 2627 listed three counseling statements (including the contested DA Form 4856) as enclosures.  Accordingly, the DA Form 2627 with enclosures was filed in the restricted section of his AMHRR.

4.  Army Regulation 27-10 (Military Justice) prescribes the guidelines for filing of NJPs.  It states the decision to file the original DA Form 2627 in the performance or restricted section of the AMHRR will be determined by the imposing commander at the time punishment is imposed.  Personnel serving in pay grade E-4 or below with less than 3 years of service will have the DA Form 2627 filed in the local unit military justice files.  Personnel serving in pay grade E-4 with 3 or more years of service will have the DA Form 2627 filed in the AMHRR.  The filing decision of the imposing commander indicated on the DA Form 2627 is final. 

5.  Army Regulation 27-10, paragraph 3-37 provides the filing determination for the DA Form 2627 and associated documents.  It states the restricted section of the AMHRR is that portion that contains information not normally viewed by career managers or selection boards.

DISCUSSION AND CONCLUSIONS:

1.  It appears that NJP was imposed in compliance with applicable laws, regulations, and policies by a commander empowered to do so.  The NJP and associated documents were properly filed in the restricted section of his OMPF as directed by the imposing commander.

2.  The applicant has not provided and the available records do not contain any evidence to show that the counseling statement in question was not valid or was not intended to be filed with the DA Form 2627.


3.  In view of the foregoing and in the absence of evidence to show an error or injustice exists in his case, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________X____________
       	     CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130009162



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130009162



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130013380

    Original file (20130013380.txt) Auto-classification: Denied

    The applicant requests setting aside of a DA Form 2627 (Record of Proceedings under Article 15, UCMJ (Uniform Code of Military Justice)), dated 8 August 2011. Moreover, the evidence of record shows the TDS attorney provided a memorandum to the battalion commander requesting consideration of specific matters when reviewing the applicant's Article 15. b. However, the evidence of record shows the applicant's TDS attorney for the appeal provided a memorandum to the brigade commander requesting...

  • ARMY | BCMR | CY2013 | 20130016295

    Original file (20130016295.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). d. A DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) shows the applicant's battalion commander imposed NJP against him on 1 February 2012 for being derelict in the performance of his duties on 22 and 23 December 2011 by failing to secure all motor pool gates as it was his duty to do. There is no documentary evidence of error or injustice in the imposition of the NJP or in the filing decision.

  • ARMY | BCMR | CY2015 | 20150012540

    Original file (20150012540.txt) Auto-classification: Denied

    The applicant requests correction to her record to remove a record of nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), from the restricted folder of her Army Military Human Resource Record (AMHRR) (formerly known as the official military personnel file (OMPF)). b. Paragraph 3-37a states the original DA Form 2627 will include allied documents, such as all written statements and other documentary evidence considered by the imposing...

  • ARMY | BCMR | CY2012 | 20120010408

    Original file (20120010408.txt) Auto-classification: Denied

    The applicant provides: * self-authored statements * DA Form 2627 * 3 sets of orders from the U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Stewart/Hunter Army Airfield, Army Personnel Processing Center, MacDill Air Force Base, FL, as follows: * Orders Number 268-014, dated 25 September 2009 * Orders Number 280-011, dated 7 October 2009 * Orders Number 282-011, dated 9 October 2009 * two DA Forms 4187, dated 6 October 2009 and 17 October 2009 * memorandum...

  • ARMY | BCMR | CY2013 | 20130017665

    Original file (20130017665.txt) Auto-classification: Approved

    The applicant requests: * removal of a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 13 February 2007, belonging to another Soldier from his records located on the integrated Personnel Electronic Records Management System (iPERMS) * removal of two DA Forms 2627, dated 20 January 2007 and 13 August 2007, from his Army Military Human Resource Record (AMHRR) * in the alternative, transfer of the Article 15 filed in the performance folder...

  • ARMY | BCMR | CY2013 | 20130009782

    Original file (20130009782.txt) Auto-classification: Approved

    The applicant requests removal of the DA Form 2627 (Record of Proceedings under Article 15, UCMJ (Uniform Code of Military Justice)), dated 8 January 2011, and allied documents that are filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). b. Paragraph 3-31 (Procedure for submitting an appeal) provides that all appeals will be made on DA Form 2627 or DA Form 2627-1 (Summarized Record of Proceedings Under Article 15, UCMJ)...

  • ARMY | BCMR | CY2013 | 20130007968

    Original file (20130007968.txt) Auto-classification: Denied

    Counsel requests correction of the applicant's records as follows: * set aside the punishment imposed by Article 15, Uniform Code of Military Justice (UCMJ) on 22 February 2011 * removal of the DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) from the performance section of his Army Military Human Resource Record (AMHRR) * retroactive promotion to sergeant first class (SFC)/E-7 2. COL RHL alleged the applicant was AWOL from his unit from 23 November 2010 until 19 January 2011, in...

  • ARMY | BCMR | CY2012 | 20120016570

    Original file (20120016570.txt) Auto-classification: Denied

    The applicant requests removal of the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 23 July 2007, from his records. The applicant states the original DA Form 2627 indicated it was not to be filed in either the restricted or performance section of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). The decision to file the original DA Form 2627 in the performance section or...

  • ARMY | BCMR | CY2014 | 20140005931

    Original file (20140005931.txt) Auto-classification: Denied

    He stated that he had reviewed the applicant's appeal reference the NJP received on 1 March 2012 and other associated actions pertaining to this case. On 24 January 2013, LTC DDL signed a second DA Form 2627-2 setting aside the punishment of forfeiture of $801 pay imposed on 1 March 2012 based on a clear injustice. NJP may be imposed to correct, educate, and reform offenders who the imposing commander determines cannot benefit from less stringent measures; to preserve a Soldier's record of...

  • ARMY | BCMR | CY2014 | 20140000035

    Original file (20140000035.txt) Auto-classification: Approved

    The applicant requests removal of a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) from his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File). NJP is “wholly set aside” when the commander who imposed the punishment, a successor-in-command, or a superior authority sets aside all punishment imposed upon an individual under UCMJ, Article 15. The evidence shows the DA Form 2627 and allied...