MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            18 September 2001
	DOCKET NUMBER:   AR2001057824

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		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 (DA Form 2627) be removed from the restricted fiche of his Official Military Personnel File (OMPF).

APPLICANT STATES:  That the nonjudicial punishment was imposed against him 17 years ago when he was a private.  He further states that he believes it should be removed from his OMPF because the event happened 17 years ago and he has since proven to the Army that he is a true professional.  He also states that he believes he has earned the right to further his military career and possibly someday serve as a command sergeant major (CSM).  He goes on to state that he made a mistake 17 years ago and has paid for that mistake.  He has done everything asked of him by the Army, to include serving in Operation Desert Storm/Shield and is currently serving as a first sergeant in Korea.

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

He enlisted in Atlanta, Georgia on 8 May 1984 for a period of 3 years.  He completed his training and was assigned to Fort Ord, California.

On 22 May 1985, nonjudicial punishment was imposed against him for the wrongful use of cocaine.  His punishment consisted of a reduction to the pay grade of E-2, a forfeiture of $200.00 for 2 months and extra duty for 21 days.  The imposing commander directed that the DA Form 2627 be filed on the performance fiche of the applicant’s OMPF.

The applicant appealed his punishment and the brigade commander elected to suspend the forfeiture of pay until 5 October 1985 and directed that the DA Form 2627 be filed on the restricted fiche of the applicant’s OMPF.

The applicant has remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-8 on 1 March 2001.

A review of his OMPF reveals no additional disciplinary action being taken against the applicant since the nonjudicial punishment of 1985 was imposed.

Army Regulation 27-10 prescribes the guidelines for the filing of NJP.  It states, in pertinent part, that the decision to file the original DA Form 2627 on the performance or restricted fiche of 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, 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, 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.  It appears that the NJP was imposed in compliance with applicable laws, regulations, and policies by a commander empowered to do so.  The punishment was not disproportionate to the offense and there is no evidence of any violations of the applicant’s rights.   

3.  While the Board concedes that the applicant has had a successful career since the nonjudicial punishment was imposed, the Army has an interest in maintaining such documents, and the applicant has not shown sufficient reasons why it should not remain a matter of record, even after considering his entire record.

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

___jhl___  ___kah __  __mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057824	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  281	126.0400/REM NJP	
2.		
3.		
4.		
5.		
6.