MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:         10 February 1999                  
	DOCKET NUMBER: AC98-12908
				 AR1999015782  

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

	Mr. Loren G. Harrell		Director	
	Mr. Ed Clark		Analyst	

  The following members, a quorum, were present:

	Mr. Patrick Bogenberger		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Gary F. Geraets		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That a Record of Proceedings Under Article 
15, UCMJ (DA Form 2827) be removed from his official military personnel file (OMPF).

APPLICANT STATES:  That the punishment was imposed when he was a young soldier; that as time progressed, he matured and was promoted; and that he will earn a Bachelor of Arts degree in December 1998.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered active duty on 28 September 1981.

The DA Form 2827 shows that the applicant was serving in pay grade E-4 at the time and that he was punished on 9 January 1987 for being disrespectful in language towards noncommissioned officers on two separate occasions, and for being absent from his place of duty on 31 December 1986.  The language used by the applicant towards both of the noncommissioned officers was extremely provoking and aggressive.  The punishment, imposed by a field grade officer, was a reduction to pay grade E-2 which was suspended until 9 July 1987, forfeiture of $200.00 pay per month for 2 months, and extra duty for 15 days.  He directed that the form be placed in the restricted portion of the applicant's OMPF. 

On 1 January 1992 the applicant was promoted to pay grade E-5.

On 1 March 1996 he was promoted to pay grade E-6.

Army Regulation 600-8-104 provides that a DA Form 2827 issued from 
1 November 1982 to 24 January 1990, would be filed in that portion of the OMPF as directed by the issuing commander. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, it is concluded:

1.  Although the applicant contends that he was immature at the time, he had been serving on active duty for more than 5 years at the time of his misconduct.  Further, on both occasions of his misconduct towards the noncommissioned officers his language was extremely provoking and aggressive and therefore cannot be viewed as a minor incident.

2.  The punishment under Article 15, UCMJ was imposed in compliance with applicable laws, regulations and policies.  The punishment imposed was neither unjust nor disproportionate to the offense, and there is no evidence of any substantive violation of any of the applicant's rights.

3.  The DA Form 2827 is properly filed in the restricted portion of the OMPF as was directed by the commander imposing the punishment.  

4.  The Army has an obligation to maintain a complete and accurate record of an individual's service.  The placement of a record of punishment under Article 
15, UCMJ on the restricted portion of the OMPF enables the Army to maintain that historical record without unduly jeopardizing the individual's career.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

PB _____  EJA_____  GFG____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12908/AR199015782	
SUFFIX	NA	
RECON	NA	
DATE BOARDED	1999 February 10	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	NA	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON	NA	
BOARD DECISION	DENY	
REVIEW AUTHORITY	NA	
ISSUES         1.	126.01	
2.		
3.		
4.		
5.		
6.