PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 June 2002
	DOCKET NUMBER:   AR2002069667

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		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 removal of a DA Form 2627 (Record of Proceedings under Article 15, UCMJ) which was filed on the restricted fiche (R-fiche) of her Official Military Personnel File (OMPF) in 1985 when she was a private/E-2.

3.  The applicant states that paragraph 3-37b (1), Army Regulation 27-10 states that a DA Form 2627 for soldiers in the rank of specialist (SPC/E-4) or corporal (CPL/E-4) and below must be filed locally in the unit's nonjudicial punishment (NJP) files and destroyed after 2 years or the soldier's transfer to another general court-martial convening authority (GCMCA).  She states that 2 years has elapsed, that she has been transferred several times, and that the DA Form 2627 should be removed.

4.  The applicant’s military records show that she is currently serving on active duty in the rank of sergeant first class/E-7.

5.  The applicant accepted NJP under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on 13 March 1985 for signing an official record with intent to deceive, to wit: her military driver's license.  Her punishment consisted of forfeiture of 7 days' pay (suspended for 180 days) and 14 days' extra duty.

6.  Army Regulation 27-10, Military Justice prescribes the policies and procedures pertaining to the administration of military justice and implements the Manual for Courts-Martial, United States, 1984, hereafter referred to as the MCM, and the Rules for Courts-Martial (R.C.M.) contained in the MCM. Paragraph 3-37b (1), provides that a DA Form 2627 for soldiers in the rank of specialist or corporal and below must be filed locally in the unit's NJP files and destroyed after 2 years or the soldier's transfer to another general court-martial convening authority (GCMCA)

CONCLUSIONS:

1.  The Board concurs with the applicant that it has been more than 2 years since she received the NJP; that her rank at the time she received the NJP was below specialist or corporal, and that it was incorrectly filed on the R-fiche of her OMPF.

2.  The Board concludes that the DA Form 2627 should be removed from the applicant's R-fiche and destroyed.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by removing DA Form 2627 from the R-fiche of individual concerned and destroying it.

BOARD VOTE:  

__jns___  __eja___  ___tl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069667	
SUFFIX		
RECON		
DATE BOARDED	20020625	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	134.0200	
2.		
3.		
4.		
5.		
6.