PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  1 August 2002
	DOCKET NUMBER:  AR2002069409

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 his record of punishment under Article 15, Uniform Code of Military Justice (UCMJ), dated 16 April 1987, and associated
Army Board for Correction of Military Records (ABCMR) documents be removed from the Restricted (R) fiche of his Official Military Personnel File (OMPF).

3.  The applicant states that, as of 1990, records of Article 15 proceedings for soldiers in pay grade of E-4 and below were no longer filed on their OMPF.  He believes that his Article 15 from 1987 may provide an unjust bias if reviewed for promotion in the near future.  Since 1987, it appears that he has made sufficient professional progress to demonstrate potential to remain in the Army and be promoted and that the Article 15 should be removed from his OMPF on that basis.  In support of his application, he submits a copy of his Article 15, dated 16 April 1987, and a copy of his ABCMR board proceedings.

4.  The applicant’s military records show he enlisted on 28 June 1984, as a fire support specialist.  He continues to serve on active duty in the rank of master sergeant (MSG).

5.  On 16 April 1987, he was punished under Article 15, UCMJ, for dereliction of duty, for failing to ensure that the driver of the vehicle drove within the speed limit and in a safe manner.  His punishment consisted of a forfeiture of $50 and 
7 days of extra duty.

6.  The applicant’s commander recommended that the Article 15, UCMJ, be filed on the R fiche of the applicant’s OMPF.

7.  The applicant’s R fiche of his OMPF contains documents from a previous request to the ABCMR.

8.  His overall record shows no other disciplinary violations, that he has received outstanding evaluations, and he has progressed to the senior enlisted grade of MSG.

9.  Army Regulation 608-104 prescribes the composition of the OMPF.  It states,
in pertinent part, that forms recording punishment imposed after 1 November 1982, are filed on the performance or restricted fiche of the OMPF as directed by item 5, DA Form 2627.  If the Article 15, UCMJ, is wholly set aside and is filed on the Performance (P) fiche, it will be moved to the R fiche.  The DA Form 2627-2 (Record of Supplementary Action under Article 15, UCMJ) directing the action will be filed on the R fiche.  If the Article 15 is filed on the R fiche, the DA Form 2627-2 setting it aside is also filed on the R fiche.  

10.  It also states that Article 15s, UCMJ, issued on or after 25 January 1990, for soldiers in the rank of specialist/corporal (SPC/CPL) or below will be filed only in local nonjudicial punishment files. The DA Form 2627 will not be filed in the military personnel records jacket (MPRJ) or OMPF of these soldiers.

11.  Paragraph 2-4 of this regulation states that once a document is placed in the 
OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.  It also states that ABCMR documents that approve or deny a request will be filed on the R fiche of the OMPF. 

12.  Army Regulation 27-10, in effect at the time, prescribed the guidelines for the filing of nonjudicial punishment.  Paragraph 3-3b (2) states, in pertinent part, that the decision to file the original DA Form 2627 in 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, of the DA Form 2627.

CONCLUSIONS:

1.  The applicant’s record of punishment under Article 15, UCMJ, dated 16 April 1987, was properly filed on the R fiche of his OMPF in accordance with applicable regulations.  

2.  Considering the nature of the offense involved, and the fact that the punishment has served the purpose for which it was intended, in the interest of justice, it would be appropriate to remove the record of punishment from the applicant’s R fiche of his OMPF.  The applicant’s overall record supports his request.

3.  The associated ABCMR documents located on his R fiche of his OMPF were properly filed in accordance with applicable regulations and do not contain derogatory material harmful to the applicant.  It also serves historical record purposes.  Therefore, there is no basis to remove these documents.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by removing his record of punishment under Article 15, UCMJ, dated 16 April 1987, from his R fiche of his OMPF. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__sc___  ___mm__  ___rs___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2002069409	
SUFFIX		
RECON		
DATE BOARDED	20020801	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	Active duty	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  267		
2.		
3.		
4.		
5.		
6.