PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               24 September 2002              
	DOCKET NUMBER:      AR2002067503

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. Kenneth W. Lapin		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, that the comment “Recent Co Art 15 caused downgrade” shown on a DA Form 638-1 (Recommendations for Award) dated 
6 December 1993, be removed from his Official Military Personnel File (OMPF).  

3.  The applicant and counsel state, in effect, that the 6 December 1993 DA Form 638-1 shows evidence of an NJP under Article 15, Uniform Code Of Military Justice (UCMJ) that is not otherwise (and by regulation should not be) in his record.  

4.  The applicant's service records are incomplete.  Prior to the enlistment under review, he had one period of honorable service in the Regular Army (RA).  He was ordered, from a reserve status to active duty to support Operation Desert Shield/Storm from 12 September 1990 to 20 May 1991.  He was credited with a total of 8 months and 09 days of active service and 1 year, 8 months and 09 days of inactive service.  His rank was Specialist, pay grade E-4.

5.  On 19 November 1992, he reenlisted in the RA for 3 years as a E-4.   

6.  As shown on DA Form 638-1, the battalion commander downgraded a recommendation for the Army Achievement Medal to a Certificate of Achievement. “Recent Co Art 15 caused downgrade”, was added to the form in order to justify changing the recommended award.  

7.  On 19 September 1998, the applicant reenlisted in the RA for 3 years as a 
E-5.  His NCO Evaluation Report shows that he was stationed at Fort Bragg, North Carolina.  On 30 March 2001, he reenlisted in the RA for 6 years, with the rank of staff sergeant, pay grade E-6. 

8.  Army Regulation 600-8-104, shows that a DA Form 2627 (Record of Proceedings under Article 15, UCMJ) issued after 25 January 1990 to soldiers serving in pay grade E-4 and below will be filed only in local files.

CONCLUSIONS:

1.  The applicant and counsel are correct in that his record of NJPs was to be filed only in local files.

2.  It was also appropriate that the 6 December 1993 DA Form 638-1, be filed in his OMPF.  However, the Board feels that, in keeping with Army Regulation 
27-10, paragraph 3.37, any reference that was made of a NJP, should be removed.  To allow it to remain is unjust. 

3.  The DA Form 638-1 should remain in the applicant’s record but the comment, “Recent Co Art 15 caused downgrade” should be removed.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below to rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case specifically, the performance portion of his OMPF (fiche 1), be corrected by eliminating the comments “Recent Co Art 15 caused downgrade” from DA Form 638-1, dated 6 December 1993.

2.  Upon completion of the above recommendation this decisional document and all associated documents shall be returned to this Board for permanent filing.

BOARD VOTE:  

__AAO __  __DPH__  ___KWL_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     Arthur A. Omartian_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002067503	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002.09.24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	. . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	ACTIVE DUTY	
ISSUES         1.	A 126.00 	
2.	A 126.06	
3.		
4.		
5.		
6.