IN THE CASE OF: 

		BOARD DATE:	    19 August 2014

		DOCKET NUMBER:  AR20130020514 


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 15 October 2010 DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) and the associated reprimand from his record.

2.  The applicant states the above documents are a defamation of his character.

3.  The applicant provides no additional documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a member of the retired Reserve; he was on active duty as a member of the Army National Guard (ARNG) in support of Operation Enduring Freedom from February 2008 to December 2010.

2.  On 6 October 2010, he accepted nonjudicial punishment (NJP) under Article 15, UCMJ, for willful disobedience of the order of a major not to have any contact with another named noncommissioned officer, for making a false official statement, for conduct prejudicial to good order and discipline, and for having an inappropriate relationship with a member of the Wounded Warrior Project.  The punishment consisted of reduction to the rank of sergeant/pay grade E-5, a forfeiture of $1,291 pay for 2 months, extra duty for 45 days and a written reprimand.  It was directed that the Record of Proceedings would be filed in the performance portion of his record.  The applicant did not appeal.

3.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides that the ABCMR is not an investigative body and places the burden of proving an error and/or injustice on the applicant.

4.  Army Regulation 27-10 (Military Justice) prescribes the policies and procedures pertaining to the administration of military justice.

	a.  The regulation states that NJP is appropriate in all cases involving minor offenses in which non-punitive measures are considered inadequate or inappropriate.  It is a tool available to commanders to correct, educate and reform offenders whom the commander determines cannot benefit from less stringent measures; to preserve a member's record of service from unnecessary stigma by a record of court-martial conviction; and to further military efficiency by disposing of minor offenses in a manner requiring fewer resources than trial by court-martial.  The imposing commander is not bound by the formal rules of evidence and may consider any matter, including un-sworn statements the commander reasonably believed to be relevant to the case.  Furthermore, whether to impose punishment and the nature of the punishment are the sole decisions of the imposing commander.

	b.  The above regulation states the decision to file the NJP in the performance or restricted section of the individuals record will be determined by the imposing commander at the time punishment is imposed.  The filing decision of the imposing commander is final and will be so indicated on the NJP.

	c.  The above regulation also provides for the setting aside of the punishment imposed by NJP and restoration of rights, property and privileges.  This is an action whereby the punishment or any part or amount, whether executed or unexecuted, is set aside and any rights, privileges or property affected by the portion of the punishment set aside are restored.  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.  The basis for any set aside action is a determination that, under all the circumstances of the case, the punishment has resulted in a clear injustice.  Clear injustice means that there exists an un-waivered legal or factual error which clearly and affirmatively injured the substantial rights of the Soldier.  An example of clear injustice would be the discovery of new evidence unquestionably exculpating the Soldier.  Clear injustice does not include the fact that the Soldier's performance of service has been exemplary subsequent to the punishment or that the punishment may have an adverse effect on the retention or promotion potential of the Soldier.

5.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides that:

	a.  All personnel information recorded under the authority of this regulation is the property of the U.S. Government.  Once recorded, it will not be removed except as provided by law or this regulation.

	b.  Once placed in the record, the document becomes a permanent part of that file.  The document will not be removed from a section or relocated to another part unless directed by one or more of the following:

* The ABCMR
* The Department of the Army Suitability Evaluation Board
* Chief, Appeals and Corrections Branch, U.S. Army Human Resources Command (HRC)
* The record custodian when documents have been improperly filed
* Commander, HRC, ATTN: HRC-PDO-PO, as an approved policy change to this regulation
* Chief, Appeals Branch, HRC
* Chief, Appeals Branch, National Guard Personnel Center

	c.  The DA Form 2627 will be filed in either the performance or restricted section of the Official Military Personnel File (OMPF) as directed on the form.  

DISCUSSION AND CONCLUSIONS:

1.  Aside from his other offenses, the applicant accepted punishment for willful disobedience of a major.  He disobeyed a direct order, and thereby violated the very foundation of military order.  

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

3.  In view of the above, the applicant's request for relief should be denied.









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)                                         AR20130020514



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130020514



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1