PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:    27 April 1999                        
	DOCKET NUMBER:   AC98-12530
	                                    AR1999014884

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Raymond V. O'Connor		Member	
	Mr. Curtis L. Greenway		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the Summarized Record of Proceedings of nonjudicial punishment (NJP), DA Form 2627, imposed under Article 15, Uniform Code of Military Justice (UCMJ) on 20 May 1969, be removed from his Official Military Personnel File (OMPF).

3.  The applicant states, in effect, that the NJP was unfairly imposed against him on 20 May 1969, when he returned to William Beaumont General Hospital (WBGH), El Paso, Texas 20 hours late after being on a weekend pass.  He alleges that he was late because he had to transport his sister and her newborn baby to a medical facility, because they were very ill.  He remained at the hospital with them until further arrangements could be made.  Further, he alleges that he contacted both the local Red Cross Office and the unit military hospital to which he was assigned to inform them of his emergency.  The unit denied authorization of the additional leave and the local Red Cross failed to help him.

4.  The applicant’s military records show that in October 1968, he was assigned to the Republic of Vietnam (RVN).  On 23 January 1969, he was on a combat operation when fragments hit him from a hostile booby trap.  The fragments went through his left eye causing partial loss of vision.  He was medically evacuated and assigned to William Beaumont Hospital, El Paso, Texas, on 17 February 1969.

5.  On 20 May 1969, a NJP under the summarized provisions of the UCMJ was imposed against the applicant for failure to go to his appointed place of duty at the time prescribed (ward #5 WBGH) on 16 May 1969.  His punishment included an oral reprimand and 14 days restriction.

6.  On 11 July 1969, a Physical Evaluation Board (PEB) determined that the applicant was physically unfit for further military service.  He was found to be 
40 percent disabled and was recommended for the Permanent Disability Retired List (PDRL).  The applicant concurred with the PEB’s recommendation on 
12 July 1969.  On 14 July 1969, the approving authority approved the PEB's findings and recommendation.

7.  On 8 August 1969, the applicant was separated from active duty with an honorable discharge, in pay grade E-4.  He had completed 1 year, 8 months and
9 days of active military service and he had no lost time or other recorded indisciplines.

8.  Army Regulation 27-10, Military Justice, then in effect, stated that the commander imposing the punishment would determine if the DA Form 2627 was to be filed in the Military Personnel Records Jacket (MPRJ) or the OMPF. 

9.  Army Regulation 640-10, Individual Military Personnel Files, specifies in Table 3-1, that DA Forms 2627 recording NJP's imposed before 1 November 1982 on individuals with 3 years or less service at the time of the offense, would only be retained in the MPRJ for a limited period of time.  It specified the DA Forms 2627 on these individuals would be removed from the MPRJ and destroyed when the individual was separated from active duty or when the individual had served two years from the date the punishment was imposed.

CONCLUSIONS:

1.   The NJP imposed was accomplished in compliance with applicable laws, regulations, and policies, then in effect, with no indication of procedural errors, which would have jeopardized the applicant's rights.

2.  The summarized NJP imposed on 20 May 1969 was for a minor offense.

3.  The Board is convinced that the NJP in question has served the purpose for which it was intended, at the time in 1969, and that the applicant overcame his difficulty.

4.  According to Army Regulation 27-10, Military Justice, then in effect, the commander imposing the NJP failed to designate where the action would be filed.  

5.  Considering the nature of the offense involved, and the fact that the punishment has served the purpose for which it was intended, in the interest of justice it would now be appropriate to remove the record of punishment from the applicant's OMPF.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all Department of the Army records related to this case be corrected by removing all copies of the DA Form 2627 imposed on 20 May 1969 from the OMPF or MPRJ of the individual concerned.

2.  That, in accordance with paragraph 21e, Army Regulation 15-185, following completion of the administrative correction directed herein, the proceedings of the Board and all documents related to the subject NJP be returned to the Board for permanent filing.

BOARD VOTE:  

JNS_____  RVO____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-012530/AR1999014884	
SUFFIX		
RECON		
DATE BOARDED	19990427	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690808	
DISCHARGE AUTHORITY	10 US Code 1201 . . . . .  	
DISCHARGE REASON	For Retirement Permanent Disability (40%)	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	Remove Summarized NJP from OMPF	
2.		
3.		
4.		
5.		
6.