BOARD DATE:	  28 April 2015

		DOCKET NUMBER:  AR20150002782 


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 the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 23 July 1987 from the restricted folder of his official military personnel file (OMPF). 

2.  The applicant states:

	a.  In accordance with Army Regulation 600-37 (Derogatory Information) and Army Regulation 27-10 (Military Justice), he requests the removal of this Article 15.  Army Regulation 600-37, paragraph 7-2(c) (1) allows such removal of the DA Form 2627 when proof that its intended purpose has been served or that transfer would be in the best interest of the Army.  The Board should note his achievements since the imposition of the DA Form 2627.  

	b.  Upon completion of the punishment as imposed by the DA Form 2627, he demonstrated his character as a Soldier and gained the trustworthiness of his leadership which enabled him to be promoted to sergeant (SGT) and be awarded the Expert Infantryman Badge and Army Achievement Medal within a year of his punishment.  Since the DA Form 2627 was imposed on 23 July 1987, he has served in all three components of the Army for an additional 28 years and maintained the special trust and confidence of the officers and noncommissioned officers he has served with.  His Officer Record Brief and officer evaluation reports will demonstrate his assignments, promotions and accomplishments as a Soldier and member of the Army.

	c.  Army Regulation 27-10, paragraph 3-37(b) (1) directs for Soldiers who are at the rank of specialist (SPC) or corporal (CPL) and below (prior to punishment) the original DA Form 2627 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 (GCMCA), whichever occurs first.  He held the rank of SPC/E-4 the time the Article 15 was administered.  He has met the intent of the Army regulations and requests favorable consideration for the removal of the DA Form 2627 from the restricted folder of his OMPF.  

3.  The applicant provides the contested DA Form 2627. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 7 January 1986 and he held an infantry military occupational specialty (MOS).  He was advanced to SPC/E-4 on an unknown date and to SGT/E-5 on 1 July 1988. 

2.  On 23 July 1987, in the rank/grade of SPC/E-4, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the UCMJ for disobeying a lawful order from a noncommissioned officer (NCO).  His punishment consisted of a reduction to E-3 (suspended), a forfeiture of pay, and extra duty and restriction.  He elected not to appeal his punishment. 

3.  Item 5 of the DA Form 2627 concerns the filing of the Article 15 and it shows the imposing officer directed the applicant's Article 15 be filed in the restricted folder of his OMPF.  

4.  Review of the applicant's interactive Personnel Records Management System (iPERMS) file shows the Article 15 is currently filed in the restricted folder of his OMPF. 

5.  He was honorably released from active duty in the rank/grade of SGT/E-5 on 5 January 1990 and he was transferred to a troop program unit (TPU) of the U.S. Army Reserve (USAR).

6.  He entered active duty on 22 January 1991 and completed the Special Forces Weapons Sergeant Course.  He was honorably released from active duty on 17 July 1991. 

7.  He reenlisted in the USAR on 10 January 1993 and subsequently served in Southwest Asia from 15 February to 1 April 1993.  

8.  He enlisted in the Ohio Army National Guard (OHARNG) on 16 May 1994 and he was honorably discharged from the ARNG on 8 June 1998. 

9.  He enlisted in the Regular Army on 9 June 1998 and he held a special forces MOS.  He was honorably discharged on 22 September 1998 to accept appointment as an officer in the Army. 

10.  He was appointed as a Signal Corps Reserve commissioned officer of the Army and executed an oath of office on 23 September 1998.  He has completed multiple training courses, served in a variety of assignments, and he attained the rank of major on 1 February 2008 in the Regular Army. 

11.  Army Regulation 27-10 prescribes the policies and procedures pertaining to the administration of military justice and implements the Manual for Courts-Martial.  It provides that a commander should use nonpunitive administrative measures to the fullest extent to further the efficiency of the command before resorting to NJP under the UCMJ.  Use of NJP is proper in all cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate.  If it is clear that NJP will not be sufficient to meet the ends of justice, more stringent measures must be taken.  Prompt action is essential for NJP to have the proper corrective effect.  NJP may be imposed to correct, educate, and reform offenders who the imposing commander determines cannot benefit from less stringent measures; to preserve a Soldier's record of service from unnecessary stigma by record of court-martial conviction; and to further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial by court-martial.

	a.  Paragraph 3-37 states for Soldiers who are at the rank of SPC or corporal (CPL) and below (prior to punishment), the original 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 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 "NA."

	b.  Paragraph 3-43 contains guidance on the transfer or removal of DA Forms 2627 from the OMPF.  It states applications for removal of an Article 15 from the OMPF based on an error or injustice will be made to the Army Board for Correction of Military Records (ABCMR).  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.

12.  Army Regulation 600-8-104 (Army Military Human Resource Record (AMHRR) Management) provides policies, operating tasks, and steps governing the OMPF.  This document states that only those documents listed in Table B-1 are authorized for filing in the AMHRR.  Depending on the purpose, documents will be filed in the OMPF in one of three sections:  performance, service, or restricted.  Table B-1 shows that the DA Form 2627 is filed in either the performance or restricted section of the OMPF, as directed in Item 5 (now 4b) of the DA Form 2627.  On approval of a change in status from enlisted to commissioned officer, on or after 1 September 1979, DA Forms 2627 (recording non-judicial punishment received while in an enlisted status and filed in the OMPF) will be transferred to the restricted section of the OMPF.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was a SPC/E-4 at the time he accepted the NJP.  The imposing officer directed the Article 15 be filed in the restricted folder of the applicant's OMPF.  

2.  By regulation, for Soldiers who are at the rank of SPC and below at the start of NJP proceedings, the original 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 Soldier's transfer to another GCMCA, whichever occurs first.  For these Soldiers, the imposing commander should annotate the entry "NA" in item 5 of DA Form 2627.

3.  While there is no evidence of record to show that the DA Form 2627 is untrue or unjust, its filing is contrary to the current regulation.  Therefore, this Article 15 together with any allied documents should be expunged from his OMPF.

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 Article 15, dated 23 July 1987, and allied documents (if applicable) from his OMPF. 



      _______ _   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)                                         AR20150002782



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ABCMR Record of Proceedings (cont)                                         AR20150002782



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