MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                         12 September 2000
	DOCKET NUMBER:                AR2000041873

	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. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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:  In effect, that her nonjudicial punishment (NJP) dated, 17 March 1988 be removed from the restricted fiche of her Official Military 
Personnel File (OMPF).

APPLICANT STATES:  That it has been 12 years since her NJP and that she has since proven herself professionally and that she has progressed two grades in rank.  In support of her application she submits a copy of her DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 17 March 1988.

EVIDENCE OF RECORD:  The applicant's military records show she entered 
active duty on 2 July 1986 and is currently assigned to Fort Bragg, North Carolina as a chemical operations sergeant.

On 17 March 1988, NJP was imposed against the applicant for two specifications of failure to go to her appointed place of duty and for five specifications of disobeying a lawful order from a noncommissioned officer.  Her punishment consisted of a reduction to the pay grade of E-3 (suspended).

The applicant’s commander recommended that the NJP be filed on the restricted fiche of the applicant’s OMPF.

In the processing of this case, a staff advisory opinion (COPY ATTACHED) was provided by the Chief, Personnel Actions Branch of the U.S. Army Enlisted Records and Evaluation Center.  The applicant was provided 30 days to submit matters in rebuttal to this opinion; however, the applicant had not responded in over 45 days.  

The Chief, Personnel Actions Branch indicated that the applicant received a DA Form 2627 in the pay grade of E-4 and that the DA Form 2627 was properly filed in accordance with Army Regulation 600-8-104 in the restricted portion of the applicant’s OMPF.  It was also recommended that the applicant’s request be denied.

Army Regulation 6008-104 prescribes the composition of the OMPF.  It states,
in pertinent part, that forms recording punishment imposed before 1 November 1982 that are filed on the performance or restricted fiche of the OMPF, will remain filed, subject to the provisions of Army Regulation 27-10.

Army Regulation 27-10 in effect at the time, prescribes the guidelines for the filing of NJP.  Paragraph 3-3b (2) states, in pertinent part, that the decision to file the original DA Form 2627 in the OMPF will be determined by the imposing commander at the time punishment is imposed.  The filing decision of the imposing commander is final and will be indicated in item 5, of the DA Form 2627.

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

1.  The applicant’s record of NJP was properly filed in the restricted portion of the OMPF in accordance with regulations applicable at the time.

2.  Careful consideration has been given to the applicant’s service before, during and after the imposition of the NJP.  However, the applicant has failed to convince the Board that removal of the record of punishment is in the best interest of the Army.

3.  In order to justify correction of a military record the applicant must show to the
satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

4.  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:

CMF____  FE______  CJS_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000041873	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000912	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AC DUTY	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.