MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           6 August 2002                   
	DOCKET NUMBER:   AR2002069534

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Donald P. Hupman		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 DA Form 2627, Record of Proceedings Under Article 15, UCMJ, with all allied documents, be removed from the restricted portion of his Official Military Personnel File (OMPF).

APPLICANT STATES:  He was told that all items pertaining to the offense for which he was offered nonjudicial punishment (NJP) would be maintained locally until the time of his departure from the unit.  He continues that he is a professional soldier who has placed the needs of the Army in the forefront of his life.  His performance since he accepted NJP will undoubtedly result in his promotion to pay grade E-7 if the NJP is removed from his OMPF.

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

He enlisted in the Regular Army on 20 September 1991 in pay grade E-4.  He served continuously and was promoted to pay grade E-6 effective 1 June 1996.

On 14 January 1997, the applicant accepted NJP for being disrespectful towards a commissioned officer, and for disobeying a lawful command from a commissioned officer.

The applicant received an adverse NCO Evaluation Report (NCOER) for the period in which he accepted NJP.  His next NCOER was average, the one following was an above average report, the next two NCOER’s were average, and the following NCOER was above average.

On the date the applicant submitted his request he was serving on active duty in pay grade E-6.

Army Regulation 27-10, Military Justice, provides the policy and guidance for processing NJP’s and the disposition of the DA Forms 2627.  The regulation currently specifies that the DA Forms 2627 on personnel in pay grade E-4, or below, will be retained in locally maintained unit NJP files and will be destroyed after 2 years or when an individual transfers from the unit.  For personnel in pay grade E-5 and above, the regulation specifies that the DA Forms 2627 will be filed in the OMPF on the P-fiche, unless the commander imposing the punishment specifies that the DA Form 2627 will be filed on the R-fiche in the OMPF.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  Since the applicant was in pay grade E-6 when he accepted NJP, regulations require that the Record of Proceedings be filed in his OMPF.

2.  The applicant has already been afforded leniency by his command in the decision to file the NJP in the restricted portion of his OMPF instead of the performance portion.

3.  While the applicant’s performance of duty since he accepted his NJP has been noteworthy, it is not so exemplary as to warrant the removal of a properly filed document from his OMPF.

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

___lls ___  ___pm___  ____dph_  DENY APPLICATION

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

INDEX

CASE ID	AR2002069534	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020806	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	126.04	
2.		
3.		
4.		
5.		
6.