IN THE CASE OF:
BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130010806
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 removal of a DA Form 2627 (Record of Proceedings Under Article Article 15, Uniform Code of Military Justice (UCMJ)) from her Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File.
2. The applicant states;
* the Article 15 was supposed to be in her record for 2 years pending good behavior
* it is still visible (filed in the restricted section of her AMHRR)
3. The applicant provides:
* the DA Form 2627 in question
* a memorandum
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows her rank/grade at the time of the Article 15 was first lieutenant (1LT)/O-2. The applicant is currently serving in the rank of captain (CPT)O-3 with a date of rank of 1 November 2007.
2. On 10 July 2007, the applicant accepted nonjudicial punishment (NJP). The DA Form 2627 with continuation sheet shows:
* seven instances of failure to go at the prescribed time to her appointed place of duty during the period 10 January 2006 to 18 August 2006
* two instances of intent to deceive by making a false statement on 25 April 2006 and 19 May 2006
* on 15 July 2006, she was derelict in the performance of her duties
3. She submitted a supporting statement from Lieutenant General (LTG) E--c S-----r (Retired), dated 9 August 2010, to her legal counsel, wherein he stated he was Commanding General of the Walter Reed Army Medical Center at the time the Article 15 was administered and he directed it be filed in the restricted section of her AMHRR. He said in the last 6 years, the applicant has matured into a stellar Army Nurse Corps Officer as demonstrated by her extraordinary confidence as a critical care nurse both in garrison and deployment to a combat zone. He requested that the Article 15 be removed from the applicant's record.
4. Army Regulation 600-37 (Unfavorable Information) states that once an official document has been properly filed in the AMHRR it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the AMHRR.
5. Army Regulation 27-10 (Military Justice) provides guidelines for the distribution and filing of the DA Form 2627 and allied documents. The regulation states the original DA Form 2627 will include as allied documents all written statements and other documentary evidence considered by the imposing commander or the next superior authority acting on an appeal. It further states that the restricted section is that portion of the AMHRR that contains information not normally viewed by career managers or selection boards except as provided in Army Regulation 600-8-104 (Army Military Human Resource Records Management) or specified in the Secretary of the Army's written instructions to the selection board. Allied documentation transmitted with the original or copies of DA Forms 2627, where filed with any of these forms, will be considered to be maintained separately for the purpose of determining the admissibility of the original or copies of DA Forms 2627.
DISCUSSION AND CONCLUSIONS:
1. Her former Commanding General contends that it was never his intent to have the UCMJ action have such a long-lasting effect. The applicant certainly has excelled as an officer as evidenced by her subsequent promotion. However, removal of the UCMJ action from her restricted file, which may ultimately enable her to be appointed to the highest officer grade in the Army, may remove a perceived injustice for the applicant, but would certainly create an injustice for the Army by placing her on a level playing field with officers whose service was not tainted by such misconduct or lapses in integrity.
2. In view of the foregoing, there is no error or injustice and there is no basis for granting the applicant's request.
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) AR20130010806
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130010806
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130017665
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 | CY2012 | 20120014767
The applicant requests to transfer the DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) he received on 3 May 2007 from the performance section of his Army Military Human Resource Record (AMHRR) to the restricted section. The applicant's record contains the DA Form 2627 which was administered in May 2007. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes the policies governing the AMHRR.
ARMY | BCMR | CY2014 | 20140004017
The applicant requests a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) imposed on 1 August 2000 and all allied documents be removed from the restricted section of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File. Evidence shows the applicant, a specialist at the time in question, accepted NJP under the provisions of Article 15, UCMJ for being AWOL in 2000 and the imposing commander...
ARMY | BCMR | CY2015 | 20150012540
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 | CY2013 | 20130009709
Application for correction of military records (with supporting documents provided, if any). The applicant requests the DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), be removed from: * the performance and restricted folders of his Official Military Personnel File (OMPF), now known as the Army Military Human Resource Record (AMHRR) * all civilian law enforcement databases 2. NJP may be imposed to correct, educate, and reform offenders who...
ARMY | BCMR | CY2014 | 20140000035
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...
ARMY | BCMR | CY2012 | 20120003272
The applicant requests transfer of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 10 May 2002, from the performance section to the restricted section of her Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of...
ARMY | BCMR | CY2013 | 20130013376
The applicant requests: * removal of a record of nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), from his Army Military Human Resource Record (AMHRR) * an upgrade of his general under honorable conditions discharge 2. Paragraph 3-37b(1)(a) states the decision to file the original DA Form 2627 in the performance or restricted folders in the AMHRR will be made by the imposing commander at the time NJP is imposed. The character of...
ARMY | BCMR | CY2013 | 20130012219
Counsel requests that proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) be set aside and all documents concerning the non-judicial punishment (NJP) be expunged from the applicant's Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File). a. DA Forms 4856 (Developmental Counseling Form), dated 12 February, 4 March, and 6 March 2009, shows he was given event-oriented counseling by a platoon sergeant for violating Article 86,...
ARMY | BCMR | CY2015 | 20150011248
The applicant requests removal of the DA Form 2627 (Record of Proceedings under Article 15, UCMJ (Uniform Code of Military Justice)), dated 8 September 2014, and the allied documents that are filed in her Official Military Personnel File (OMPF). He states the action to set-aside the NJP surpassed the 4-month limit due to a subsequent AR 15-6 (Procedures for IO and Boards of Officers) investigation of the imposing commander (CPT L___ K. C____, Commander, Company A, 209th ASB) that was...