PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          21 May 2002                    
	DOCKET NUMBER:  AR2002068623

	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	
	Mr. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Thomas Lanyi		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, in effect, that the two Article 15s, which are filed in his Official Military Personnel File (OMPF), be removed from his record.

3.  The applicant states in effect, that it is his belief that the two company grade Article 15s should be removed from his records since more than one year has passed since their imposition.  Applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, in support of his application.

4.  The applicant's records show he entered active duty on 19 July 1990.  He completed Basic Combat Training at Fort Sill, Oklahoma, and was sent to Fort Eustis, Virginia, to undergo Advanced Individual Training as a Traffic Management Coordinator, military occupational specialty, 88N.  In October 1990, he was assigned to Headquarters and Headquarters Company, Army National Training Center, Fort Irwin, California, as his first duty station.  He served at that station without incident and achieved the rank and pay grade of Specialist, E-4.  In June 1994, he was reassigned to the US Army Armor Center, Fort Knox, Kentucky.

5.  On 18 May 1995, the applicant received non-judicial punishment (Article 15) for stealing baseball cards of a value of about $19.80, the property of the Army and Air Force Exchange System (AAFES).  His punishment consisted of, "Forfeiture of $296.00 with forfeiture of $169.00 suspended, to be remitted if not vacated before 18 November 1995, and to perform extra duty for 14 days."  

6.  The applicant received a second Article 15 on 27 June 1995 for wrongfully appropriating a breakfast meal of a value of about $.95, the property of the U.S. Army.  Although he was found guilty, the commander did not impose any punishment.  Instead, he vacated the suspension that had been imposed on him in the Article 15 that had been administered on 18 May 1995.

7.  Item 5, of both DA Forms 2627, which states, "I direct the original DA Form 2627 be filed in the   performance fiche   restricted fiche of the OMPF (Official Military Personnel File)" had been deleted and the entry, "NA" indicating, "not applicable," had been entered at the end of the line.  Both Article 15s are contained in applicant's OMPF.

8.  Army Regulation 27-10 provides policy for the administration of military justice and specifies filing instructions for DA Form 2627.  For soldiers in the rank of Specialist or Corporal or below (prior to punishment), the original of the DA Form 2627 will be filed locally in unit nonjudicial punishment files.  Such locally filed 

originals will be destroyed at the end of 2 years from the date of imposition of punishment or on the soldier's transfer to another General Courts Martial Convening Authority, whichever occurs first.

9. The applicant was released from active duty with an honorable characterization of service on 18 September 1995 in the rank and pay grade of Private First Class, E-3.  The record is silent as to the reduction in pay grade from E-4 to E-3.  He had 5 years and 2 months net active service with no lost time on his separation date.

CONCLUSIONS:

1.  The contention made by the applicant, that the two company grades Articles 15, which are filed in his OMPF, should be removed from his record, has merit.

2.  There is no evidence that the officer imposing the 18 May and the
27 June 1995 nonjudicial punishments intended that these DA Forms 2627 should be filed in the applicant's OMPF.  To the contrary, it is evident from modifications made to the forms that the intention was not to have the Article 15s filed in other than unit files; therefore, the DA Forms 2627, should be expunged.

3.  These Articles 15, it appears, were imposed in substantial compliance with applicable laws, regulations and policies.  Only the administrative filing appears to have been flawed.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records as recommended below.

RECOMMENDATION:

1.  That all Department of the Army records related to this case be corrected by removing the DA Forms 2627 and any associated documents from the records of the individual concerned.

2.  That, following completion of the administrative action directed herein, the proceedings of the Board and all documents related to this appeal be returned to this Board for permanent filing.

BOARD VOTE:
  
__JLP___  __BJE___  __TL____  GRANT AS STATED IN 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Jennifer L. Prater
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002068623	
SUFFIX		
RECON		
DATE BOARDED	20020521	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	126.0400	
3.		
4.		
5.		
6.