PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            17 October 2000
	DOCKET NUMBER:   AR2000043312

	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. Carl W. S. Chun		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Linda D. Simmons		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 DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), imposed against him in 1985, be removed from his Restricted Official Military Personnel File (OMPF).

3.  The applicant states, in effect, that the nonjudicial punishment (NJP) has served its purpose.  He submits enlisted evaluation reports, and noncommissioned officer evaluation reports for the period February 1988-April 1999, an academic record from Central Texas College, a transcript from El Paso Community College, certifications for completion of correspondence courses, military awards and decorations, military training courses and a memorandum written in his own behalf in support of his request.  He states in his memorandum that his military record demonstrates his growth and his professional development.  

4.  The available records show that on 20 November 1982, the applicant enlisted in the Regular Army for a period of 4 years, and training in military occupational specialty (MOS) 63B (Light Wheel Vehicle Power Generation Mechanic).  

5.  On 15 January 1985, while the applicant was assigned to Fort Bliss, Texas, a NJP action was imposed against him for wrongfully concealing a stolen toolbox and various tools, of the value of about $368.00, the property of the US Government.  His punishment included reduction from pay grade E-3 to pay grade E-2 (suspended), forfeiture of $150.00 pay per month for 2 months (suspended), and 30 days extra duty.

6.  The commander administering the punishment specified that the proceedings would be filed only in the restricted portion of the OMPF.

7.  The applicant is currently a staff sergeant, serving in pay grade E-6 with 
17 years in the military.  The available records show that no additional disciplinary action has been taken against him and his record of performance of duties is highly satisfactory.

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 on the restricted or the performance portion of the OMPF. 

9.  Army Regulation 640-10, Individual Military Personnel Files, in effect at the time specified in Table 4-1, that the DA Forms 2627 recording NJP’s imposed on or after 1 November 1982 would be filed on the permanent or restricted fiche as directed by the commander.  

10.  Army Regulation 600-8-104 (Military Personnel Information Management Records), currently in effect, states that DA Forms 2627, recording NJPs imposed against soldiers in pay grade E-4 or below will be filed only in the local NJP files.  The DA Form 2627 will not be filed in the MPRJ or the OMPF. 

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.  However, the Board is convinced that the NJP in question has served the purpose for which it was intended, at the time in 1985.  The applicant has overcome the effects of the NJP action and has served well and honorably for more than 14 years since the NJP was administered.

3.  Under current standards, the NJP proceedings would never have been filed in the applicant’s OMPF.  It would have been only filed locally.  In the interest of justice it would now be appropriate to remove the record of punishment from his OMPF.

4.  Further, since there is no evidence of error, the applicant is not entitled to referral of his records to any standby promotion selection or school selection boards based on past nonselection actions by regularly constituted selection boards which have reviewed his records between January 1985 and the date of the action by this Board.

5.  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 15 January 1985 from the OMPF of the individual concerned.

2.  That, in accordance with 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:  

__rvo___  __bje____  __lds____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2000043312	
SUFFIX		
RECON		
DATE BOARDED	20001017	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	134.0000	
2.		
3.		
4.		
5.		
6.