IN THE CASE OF:
BOARD DATE: 14 May 2014
DOCKET NUMBER: AR20140004017
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 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.
2. The applicant states:
a. the Article 15 was imposed 13 years ago when he was a specialist. The DA Form 2627 was filed in the restricted section of his AMHRR and is currently filed in this section of his AMHRR.
b. Army Regulation 27-10 (Military Justice), paragraph 3-37b(1), states the DA Form 2627 should never had been filed in his AMHRR. The regulation states the DA Form 2627 should have been filed locally in unit nonjudicial punishment (NJP) or unit personnel files for specialists (and below) and it should have been destroyed at the end of 2 years from the date of imposition of punishment.
3. The applicant provides a copy of the DA Form 2627 in question.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 12 August 1998 for a period of 5 years. He was promoted to specialist on 1 March 2000.
2. A DA Form 2627, dated 1 August 2000, shows he accepted NJP under the provisions of Article 15, UCMJ for being absent without authority (AWOL) from
7 July 2000 to 13 July 2000. His punishment consisted of a reduction to private first class and 10 days restriction. The imposing commander directed the DA Form 2627 be filed in the restricted section of his AMHRR. He elected not to appeal the imposed punishment.
3. On 13 February 2008, he was honorably discharged in the rank of staff sergeant to accept a commission or warrant in the Army.
4. He was appointed as a second lieutenant in the Regular Army on 14 February 2008. He was promoted to captain effective 1 April 2011.
5. A review of his AMHRR on the interactive Personnel Electronic Records Management System contains a copy of the DA Form 2627 in the restricted section.
6. Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files; to ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual official personnel files; and to ensure that the best interests of both the Army and the Soldiers are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files.
7. Army Regulation 27-10 prescribes the policies and procedures pertaining to the administration of military justice.
a. Chapter 3 implements and amplifies Article 15, UCMJ, and Part V, MCM. It states, in pertinent part, that the decision whether to file a record of NJP on the performance portion of a Soldier's AMHRR rests with the imposing commander at the time punishment is imposed.
b. Paragraph 3-37b(1) (Distribution and filing of DA Form 2627 and allied documents) of this regulation states for Soldiers who are at the rank of specialist or corporal and below (prior to punishment) the original DA Form 2627 will be filed locally in unit NJP or unit personnel files. Such locally filed originals will be destroyed at the end of 2 years from the date of imposition of punishment or on the Soldiers transfer to another GCMCA, whichever occurs first.
c. Paragraph 3-43 of this regulation contains guidance on the transfer or removal of records of NJP from the AMHRR. It states that applications for removal of an Article 15 from the AMHRR based on an error or injustice will be made to the ABCMR. It further indicates that there must be clear and compelling evidence to support the removal of a properly completed, facially valid DA Form 2627 from a Soldier's record by the ABCMR.
8. Army Regulation 600-8-104 (AMHRR), prescribes the policies governing the AMHRR, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. The regulation states a DA Form 2627 will be filed in the performance or restricted section of the AMHRR as directed by the issuing commander (item 5 on the DA Form 2627). Allied documents accompanying the Article 15 will be filed in the restricted section.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to remove the DA Form 2627 and all allied documents from the restricted file of his AMHRR appears to have merit.
2. 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 directed the DA Form 2627 be filed in the restricted section of his AMHRR.
3. The DA Form 2627 in question is still filed in the restricted section of his AMHRR.
4. Since the governing regulation states DA Forms 2627 for Soldiers in the rank of specialist and below will be filed locally in unit NJP or unit personnel files and such locally filed originals will be destroyed at the end of 2 years from the date of imposition of punishment, it would be appropriate to remove the DA Form 2627 in question and all allied documents from the restricted section of his AMHRR.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the DA Form 2627 imposed on 1 August 2000 and all allied documents from the restricted section of his AMHRR.
_______ _ _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) AR20140004017
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ABCMR Record of Proceedings (cont) AR20140004017
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