IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140016475
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 2627 (Record of Proceedings under Article 15, UCMJ) and Letter of Reprimand (LOR) from the restricted section of his Official Military Personnel File (OMPF).
2. The applicant states the LOR has served its purpose and it has been 18 months since the incident. He has regained the trust and confidence of his subordinates and the Department of the Army Promotion Selection Board.
3. The applicant provides a list of documents submitted with his application on page 6 of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 25 June 1998 for a period of 3 years and training as a light wheel vehicle repairer. He completed his training and has remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-6 on 1 October 2006.
2. On 19 March 2013, while serving as a recruiter in Ohio, nonjudicial punishment (NJP) was imposed against the applicant by his battalion commander for the wrongful use of his government EZ Pass and government owned vehicle for unofficial purposes. His punishment consisted of an LOR and restriction for 9 days. The imposing commander directed that the DA Form 2627 and LOR be filed in the restricted section of his OMPF. The applicant did not appeal the punishment.
3. The applicant submits a memorandum from the battalion commander who imposed the NJP and LOR and he supports the removal of the LOR from the restricted section of his OMPF. He also indicates that the applicant was selected for promotion to the pay grade of E-7.
4. Army Regulation 27-10 (Military Justice) prescribes the guidelines for filing of NJP. It states the decision to file the original DA Form 2627 in the performance or restricted section of the OMPF 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 OMPF. The filing decision of the imposing commander is final and will be indicated on the DA Form 2627.
5. Paragraph 3-37 of Army Regulation 27-10 provides the filing determination for the DA Form 2627 and associated documents. It states the restricted section of the OMPF is that portion of the OMPF 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 (LOR) were properly filed in the restricted section of his OMPF as directed by the imposing commander.
2. While the applicant's concerns are understood, the Army has an interest in maintaining such documents and the applicant has not shown sufficient reasons why it should not remain a matter of record, even after considering his entire record.
3. Absent evidence to show an error or injustice exists in his case, there appears to be no basis to remove the requested documents from his OMPF.
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) AR20140016475
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ABCMR Record of Proceedings (cont) AR20140016475
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