MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           31 July 2001
	DOCKET NUMBER:   AR2000050733

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John T. Meixell		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 a record of nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, be expunged from his Official Military Personnel File (OMPF).

APPLICANT STATES:  In effect, that he was told by his sergeant that he could report for duty at 0300 hours instead of 2300 hours, but that he should fill out his patrol report as if he reported at 2300 hours.  When he logged-in to the computer at 0300 hours, a discrepancy was created between the computer and the patrol report. He was administered a field grade NJP for falsifying the patrol report.  He adds that his chain of command refused to overlook the matter because of past incidents involving the applicant and his estranged wife.

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

He enlisted in the Regular Army for 4 years on 16 July 1986.  Upon completion of all required military training, he was awarded military occupational specialty (MOS) 95B, Military Police.

In 1992, he was a Sergeant (SGT/E-5) at Carlisle Barracks, Pennsylvania, performing Military Police duties.  On 6 March 1992, he was offered NJP for an offense listed as follows, "At Carlisle Barracks, Carlisle, Pa, on or about 1450 hours, 17 February 1992, and on or about 1510 hours, 19 February 1992, you did, while under oath, knowingly make a sworn statement on DA Form 2823 [Sworn Statement], that you did not then believe to be true.  This is a violation of Article 134, UCMJ."

The applicant accepted the NJP rather than exercise his right to demand a trial by court-martial.  As punishment, he was reduced to Specialist (SPC/E-4) and made to forfeit $585 per month for 2 months.  The forfeiture was suspended for 2 months and later remitted.  The applicant appealed and the appeal authority, a Major General, denied it.  The NJP was filed on the applicant's Performance Fiche in his OMPF.

The applicant received a locally imposed bar to reenlistment and was separated with an Honorable Discharge on 30 April 1992.  He had 5 years, 9 months, and 15 days of creditable service and no lost time.

Army Regulation 27-10, Military Justice, prescribes the policies and procedures pertaining to the administration of military justice and implements the Manual for Courts-Martial, United States, 1984.  Chapter 3 of the regulation deals with the administration of NJP.

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

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

2.  The NJP located in the applicant's OMPF states that he was punished for making a false statement under oath, not for improperly noting the time of his arrival for duty on his patrol report as he intimated in his application to this Board. It would appear that when questioned about his reporting time, the applicant lied on a DA Form 2823, Sworn Statement.

3.  The NJP 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 violation of any of the applicant's rights during the administration of the NJP.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__WTM_  ___AAO__  __JTM __  DENY APPLICATION

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

INDEX

CASE ID	AR2000050733	
SUFFIX		
RECON		
DATE BOARDED	20010731	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	126.0400	
2.		
3.		
4.		
5.		
6.