MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 August 2001      
	DOCKET NUMBER:   AR2001055682

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Ms. Gail J. Wire		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 three Article 15’s be removed from his military records.     

APPLICANT STATES:  In effect, that his ex-wife was charged with larceny and falsifying documents on 4 March 1983, larceny and shoplifting on 4 March 1984, domestic disturbance and assault on 22 June 1984 and wrongful use of marijuana on 18 September 1985.  However, these offenses were put on his records. 

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

The applicant enlisted on 15 September 1982 for a period of 4 years.  He successfully completed basic and advanced individual training and was transferred to Fort Bliss, Texas, for duty as a track vehicle repairer.

DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 
7 May 1984, shows that while assigned to Fort Bliss, Texas, nonjudicial punishment was imposed against the applicant for signing a false official form with intent to deceive on 4 March 1983.  His punishment consisted of a forfeiture of pay (suspended until 1 August 1984).

DA Form 2627, dated 2 July 1984, shows that while assigned to Fort Bliss, Texas, nonjudicial punishment was imposed against the applicant for assaulting his wife on 22 June 1984.  His punishment consisted of a reduction to pay grade E-2, a forfeiture of pay, restriction and extra duty. 

DA Form 2627, dated 21 November 1985, shows that while assigned to Fort Bliss, Texas, nonjudicial punishment was again imposed against the applicant for wrongful use of marijuana on or about 18 September 1985.  His punishment consisted of a reduction to pay grade E-2 (suspended until 20 May 1986), a forfeiture of pay and extra duty. 

The suspension of the punishment (reduction to E-2) imposed on 21 November 1985 was vacated on 20 May 1986.  The vacation was based on the applicant’s failure to go at the time prescribed to his appointed place of duty on 1 May 1986.

There is no evidence in the available records which shows the applicant received any other disciplinary actions.  

On 15 August 1986 the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service - Fiscal Year 86 Early Release Program. 

Army Regulation 27-10 (Military Justice), in pertinent part, states the applicable policies for nonjudicial punishment.  The regulation states that nonjudicial punishment may be imposed to correct, educate, and reform offenders who the imposing commander determines cannot benefit from less stringent measures; preserve a soldier’s record of service from unnecessary stigma by record of court-martial conviction; or further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial by court-martial. All Article 15 actions, including notification, acknowledgment, imposition, filing determinations, appeal, action on appeal, or any other action taken prior to action being taken on an appeal, except summarized proceedings will be recorded on DA Form 2627 or DA Form 2627-1.  The regulation also states that absent compelling evidence, a properly completed, valid DA Form 2627 or DA Form 2627-1 will not be removed from a soldier’s record.     

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.  The Board considered the applicant’s contention that his ex-wife was charged with larceny and falsifying documents on 4 March 1983, larceny and shoplifting on 4 March 1984, domestic disturbance and assault on 22 June 1984 and wrongful use of marijuana on 18 September 1985.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.  

2.  Evidence of record shows that the applicant received nonjudicial punishment for signing a false official document on 4 March 1983.  Evidence of record also shows that the applicant received his second nonjudicial punishment for assaulting his wife on 22 June 1984 and received his third nonjudicial punishment for using marijuana on or about 18 September 1985.   

3.  The Board noted the applicant’s request that three Article 15’s be removed from his military records.  However, there is no evidence, and the applicant has provided no evidence, that the Article 15’s were in error or unjust.  Army Regulation 27-10 and Army Regulation 15-185 (Policy and Procedures for Applying to the Army Board for Correction of Military Records) specifically preclude the removal of a valid DA Form 2627 from a soldier’s record, by the Army Board for Correction of Military Records, without compelling evidence.  The Board finds no compelling evidence to support removal of the applicant’s nonjudicial punishment’s; therefore, these three records will not be expunged.

4.  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.

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

INW____  FNE_____  GJW____  DENY APPLICATION

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

INDEX

CASE ID	AR2001055682	
SUFFIX		
RECON		
DATE BOARDED	20010809	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	134.0000	
2.		
3.		
4.		
5.		
6.