MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 May 2002                   
	DOCKET NUMBER:   AR2002068544

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Terry L. Placek		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:  That his Article 15 dated 21 August 1987 be removed from the restricted section of his Official Military Personnel File (OMPF).

APPLICANT STATES:  That the Article 15 was imposed almost 15 years ago.  He made a bad decision but he learned.  He has since proven himself to be an asset to the Army.  He intends to make command sergeant major, E-9 and feels that the permanent removal of this document will enhance his competitiveness.

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

He enlisted in the Regular Army on 27 March 1984.  He was promoted to sergeant, E-5 on 5 April 1987.

On 21 August 1987, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for operating a passenger car while drunk.  His punishment was to be reduced to specialist four, E-4, suspended, to be restricted for 45 days and to perform extra duty for 45 days.  The Article 15 was directed to be filed on the restricted fiche of his OMPF.

The suspended reduction was never vacated.  He was promoted to staff sergeant, E-6 on 1 November 1993 and to sergeant first class, E-7 on 1 February 1999.

The applicant’s records indicate that he has consistently received above average to exceptional noncommissioned officer evaluation reports.  He was named to the Commandant’s List at his Advanced Noncommissioned Officer Course (ANCOC) in 1999.  His service has been recognized with an award of the Meritorious Service Medal, two Army Commendation Medals, an Army Achievement Medal, and five Army Good Conduct Medals.

Army Regulation 27-10 prescribes policies and procedures pertaining to the administration of military justice.  In pertinent part, it states that, for soldiers E-5 and above, the decision to file the original Record of Proceedings under Article 15, UCMJ, DA Form 2627, on the performance or restricted fiche in the OMPF will be determined by the imposing commander at the time punishment is imposed.

Army Regulation 600-8-104 establishes policies and provisions for the maintenance and release of information in the OMPF.  It states that disciplinary information filed on the restricted fiche will be provided to command sergeant major/sergeant major and sergeant major academy selection boards.  For the purpose of this provision, disciplinary information includes court-martial orders, records of nonjudicial punishment, and punitive or administrative letters of reprimand, censure, or admonition.  There are no provisions to routinely provide information from the restricted fiche to other selection boards although a board president may request permission from the Office of the Deputy Chief of Staff for Personnel to review specific restricted information when he or she believes the information is crucial to the selection process.

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 notes that, as an E-5, the applicant’s Article 15 was properly filed in his restricted fiche in accordance with regulation and the determination of the imposing commander and there is no evidence of error.

2.  The applicant is currently a sergeant first class, E-7.  Disciplinary information from his restricted fiche will not be routinely provided to selection boards until the time he is considered for promotion to E-9 or attendance at the Sergeants Major Academy.  His desire to have a 15-year old Article 15 removed from his files based upon his subsequent service record is understandable.  However, promotion and school selection board members are experienced and capable of distinguishing between one youthful indiscretion and a “problem” record of service.  In the event a selection choice comes down between two soldiers with an equal record of service, all information properly filed on an OMPF must be available to board members in order to equitably make their selection choice.  Given the above and the fact the Article 15 was properly filed on his OMPF, it would not be equitable to remove the Article 15 from the applicant’s restricted fiche.  

3.  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

__jl____  __jns___  __tlp___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068544	
SUFFIX		
RECON		
DATE BOARDED	20020509	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	126.04	
2.		
3.		
4.		
5.		
6.