IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20150002237
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 and destruction of a 15 October 1989 DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) from the restricted portion of her records.
2. The applicant states according to regulations the Article 15 was supposed to have been filed locally and destroyed at the end of 2 years.
3. The applicant provides a copy of the DA Form 2627.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted and entered active duty in the Regular Army on 12 September 1988, completed training, including basic airborne training, and was awarded military occupational specialty 31C (Single Channel Radio Operator).
2. On 18 October 1989, as a private first class (PFC)/E-3, the applicant received nonjudicial punishment (NJP) under the UCMJ for violation of Article 91, Insubordinate conduct toward a warrant officer, noncommissioned officer, or petty officer. Her punishment was forfeiture of $100.00, 14 days of extra duty, and reduction to the rank/grade of private two/E-2 (suspended). Item 5, indicating where the form was to be filed, is lined out.
3. The suspended reduction in grade was vacated on 9 November 1989 by the imposing officer. The DA Form 2627 and DA Form 2627-2 are currently filed in the restricted portion of her file.
4. On 12 February 1990, the applicant was honorably released from active duty and transferred to the US Army Reserve (USAR) Control Group (Reinforcement) due to hardship resulting from a parental obligation conflict.
5. Between May 1991 and May 2006, she served with the USAR, Kansas Army National Guard, and US Navy Reserve. The exact periods in each component are not clearly documented in the available records.
6. She was appointed a Reserve warrant officer on 1 June 2006 with promotion to chief warrant officer two on 1 June 2008 and chief warrant officer three on 1 May 2012. She is currently serving on indefinite voluntary active duty.
7. The record contains no indication of any infractions or disciplinary action other than the 1989 NJP.
8. Army Regulation 27-10 (Military Justice), paragraph 3-37b(1), states that for Soldiers E-4 and below (prior to punishment) the original will be filed locally in unit nonjudicial punishment 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 Soldier's transfer to another General Court-Martial Convening Authority, whichever occurs first. For these Soldiers, the imposing commander should annotate item 5 of DA Form 2627 as "Not Applicable (N/A)."
DISCUSSION AND CONCLUSIONS:
1. The applicant received an NJP in 1989 as a PFC. The DA Form 2627 has been retained in her restricted file since that time.
2. Since the applicant was a PFC, the form was to have been destroyed after 2 years. This was not done most likely due to the fact that she was released from active duty prior to the expiration of the 2-year time limit.
3. The fact that it is still in her records 24 years after it should have been removed is a clear error and an injustice. Therefore, it would be appropriate to remove both the 18 October 1989 DA Form 2627 and the notice of vacation related to this NJP that are currently in her restricted file.
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 purging her record of the 18 October 1989 DA Form 2627 and the associated
DA Form 2627-2.
_______ _ _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) AR20150002237
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