PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  9 February 2000
	DOCKET NUMBER:   AR1999026298

	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. Paul A. Petty .		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol J. Suiter		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 that a 11 May 1984 Article 15 be removed from his records.

3.  The applicant states, in effect, that he has only had one Article 15 in his record from over fifteen years ago when he was an E-4.  He has never been in any other trouble and states that it is unfair at this point to have this Article 15 in his record.  The Article 15 served its purpose and he since has had an outstanding record and has been advanced to E-6.  To continue to retain this Article 15 on his otherwise excellent record could unfairly prevent him from future promotions.  He includes three letters of recommendation from a Command Sergeant Major, a Lieutenant Colonel deputy brigade commander, and a Major promotable who all attest to the applicant’s excellent performance and conduct as a noncommissioned officer and recommend the removal of the Article 15.

4.  The applicant’s military records show that he enlisted in the Regular Army on 2 February 1983.  He was advanced quickly to E-4.  On 11 May 1984, he received an Article 15 as an E-4 for 9 days AWOL.  Punishment of 14 days extra duty was imposed.  He was promoted to Sergeant E-5 on 14 February 1986 as a quartermaster mechanic NCO.  On 1 July 1994, he was promoted to E-6.  As an NCO, he has average and above average to excellent noncommissioned officer evaluation reports.  He has been awarded the Good Conduct Medal 5 times, five awards of the Army Achievement Medal, three awards of the Army Commendation Medal, the Meritorious Service Medal, and the Joint Service Achievement Medal.

5.  According to Army Regulation 27-10, Military Justice, paragraph 3-43, an Article 15 may only be removed from the record to correct an error or remove an injustice.  However, as a matter of justice and compassion and as an exception to policy, an Article 15 can be removed if the record and circumstances warrant and if it has been determined that the Article 15 has served its purpose.

CONCLUSIONS:

1.  The single Article 15 rendered to the applicant in 1984, over fifteen years ago, for an isolated and singular incident, has apparently served its purpose as demonstrated by the applicant’s excellent record and as attested to by the letters of recommendation provided on behalf of the applicant.  The Article 15 should therefore be removed from his record as an exception to policy and as a matter of justice and compassion. 

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by expunging from his record the Article 15 he received on 11 May 1984.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

__RO___  __DJ___  __CS___  DENY APPLICATION

		___ Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR1999026298	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000209	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  126	Remove Art 15	
2.		
3.		
4.		
5.		
6.