MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           27 June 2002                  
	DOCKET NUMBER:   AR2002070951

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Richard T. Dunbar		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 a 13 March 1985 Record of Proceedings Under Article 15, Uniform Code of Military Justice, be purged from his restricted fiche.

APPLICANT STATES:  In effect, that the Article 15 was not unjust or in error.  He admits that the actions that led to the Article 15 were a grave mistake but believes he has paid for this mistake.  He asks that the now 17-year old mistake be purged from his record, as he believes that it will adversely affect him for future promotions and assignments.  He states that he learned from his mistake, accepted his punishment, and moved on to better the Army, his family, and himself.

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

The applicant entered active duty on 13 April 1984.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 19D (Cavalry Scout). 

On 29 February 1985, the applicant, in pay grade E-3, received nonjudicial punishment (NJP) for wrongful use of a controlled substance (THC).  The applicant's company commander imposed a reduction to private E-2 (suspended for 6 months), forfeiture of $361, and 14 days extra duty.  The punishment was approved and the DA Form 2627 was directed to be filed in the applicant's restricted fiche.  The applicant did not appeal the punishment.

There are no other negative or derogatory entries in the applicant's record.

The applicant has had continuous service since his original enlistment with an election to reenlist for an indefinite period being made on 20 February 2000. 

The applicant's raters have consistently described his performance as excellent or exceeding standards in all areas.  He has consistently been recommended to be promoted ahead of his peers.  His senior raters have exclusively marked him in the first block for overall performance and potential.  

His duty assignments have shown that he has been given progressively more responsible positions including a number of years as a drill instructor and senior drill instructor.  His current assignment is as the team noncommissioned officer in charge (NCOIC) for A Troop, 1st Battalion, 409th Cavalry Regiment.  In this position he is responsible for and oversees the activities of 14 other senior NCOs.

The applicant has been promoted at or ahead of the normal progression.  He was promoted to his current rank of master sergeant (E-8) on 1 February 2002.

The applicant's awards and decorations include but are not limited to the Meritorious Service Medal; four Army Commendation Medals, six Army Achievement Medals; the Good Conduct Medal, 5th award; and ten Certificates of Achievement for other contributions to diverse commands.

A review of the filing instructions for Article 15s, listed in Army Regulation 600-8-104, shows that a DA Form 2627 (Record of Proceedings under Article 15, UCMJ) issued after 25 January 1990 to soldiers serving in pay grade E-4 and below will be filed only in local files.  Previously, from 1 November 1982 until 24 January 1990, the issuing commander directed whether the DA Form 2627 would be filed in the performance or restricted section the OMPF.  Prior to 1 November 1982, DA Forms 2627 were filed in the OMPF if so directed in Part III of the DA Form 2627 or if specific punishments were imposed.  A pay grade reduction, even though suspended, was to be filed in the OMPF.

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 applicant's overall record of service and his accomplishments as reflected by his personal decorations, his selection for promotion and assignments subsequent to his offense, are noteworthy.  However, these factors do not demonstrate that there is an injustice in the fact that the record contains potentially damaging material, which is the direct consequence of past behavior.  
While the applicant has demonstrated strength of character by overcoming the setback, the removal of the NJP would, in effect, place him on a level playing field with soldiers, with similar years of service, whose careers have not been marred by incidents of such inappropriate behavior.  

2.  The Army has an obligation to maintain a complete and accurate record of an individual's service.  The placement of the record of NJP on the restricted fiche enables the Army to maintain that historical record without unduly jeopardizing the individual's career. 

3.  Further, the applicant has provided no evidence that the retention of the Article 15 in his restricted fiche has or will adversely affect any future promotion or assignment.

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

__INW___  __KAN__  ___RTD_  DENY APPLICATION

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

INDEX

CASE ID	AR2002070951	
SUFFIX		
RECON		
DATE BOARDED	20020627	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	126.04	
2.		
3.		
4.		
5.		
6.