PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:           6 March 2003                  
	DOCKET NUMBER:   AR2002074056

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison 		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Frank C. Jones, II		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 the 26 August 1991 memorandum showing that he was disqualified for award of the Good Conduct Medal during his first period of service be removed from his performance fiche.

3.  The applicant states that the form was entered into his records in 1991 when he was a specialist (E-4).  He notes that he left active duty in 1992, reenlisted in 1993, and is currently serving as a staff sergeant. 

4.  The applicant’s military records show that he first entered active duty on 18 November 1988 and was released from active duty, with an honorable characterization of service, on 17 November 1994.  During this period of service he served in Southwest Asia during the Persian Gulf War. 

5.  The applicant reenlisted on 26 October 1993 and has had continuous service since with promotion to staff sergeant in 1999. 

6.  The performance portion of the applicant's Official Military Personnel File (OMPF) contains a copy of a 26 August 1991 memorandum showing disqualification for the Good Conduct Medal.  The memorandum states that the reason for disqualification was receipt of two nonjudicial punishments (NJPs) (7 December 1989 and 5 May 1991) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ).  There is no information on or copies of the DA Form 2627 (Record of Proceedings under Article 15, UCMJ) for the referenced NJPs.

7.  The applicant was awarded the Good Conduct Medals for the periods of 26 October 1993 though 25 October 1996, 26 October 1996 through 25 October 1999, and 26 October 1999 through 25 October 2002.  Additionally, the applicant has received three Army Achievement Medals and an Army Commendation Medal since the NJPs.

8.  Effective in 1987 Army Regulation 27-10 was changed to provide for the filing of NJP in a unit punishment file and the military personnel record jacket (MPRJ) for soldiers in pay grade E-4 and below who have been in the Army less than 3 years on the date the punishment is imposed.  

9.  A review of the filing instructions for Article 15s, which is listed in Army Regulation 600-8-104, shows that a DA Form 2627 issued after 25 January 1990 to soldiers serving in pay grade E-4 and below, will be filed only in local files.    

CONCLUSIONS:

1.  In accordance with regulations as in effect at the time, neither of the applicant’s NJPs are filed in his OMPF.

2.  The Board notes that applicant has performed significant honorable service, as evidenced by award of the Army Achievement Medals, Army Commendation Medal and three Good Conduct Medals, subsequent to the issuance of the memorandum and that the NJPs are properly not filed in the OMPF.

3.  The Board concludes that the continued presence on the memorandum reflecting the earlier disqualification for the Good Conduct Medal based upon these NJPs constitutes unwarranted prejudicial information for future consideration for promotion, duty assignments, and school assignment.  

4.  Therefore, the Board concludes that it would be in the interest of justice to remove the memorandum of disqualification from the applicant’s performance fiche.  However, for historical reasons it should not be expunged but should be transferred to the applicant's restricted fiche.

5.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an injustice.

RECOMMENDATION:

That all of the Department of the Army records of the individual concerned related to this case be corrected by transferring all references to the 26 August 1991 memorandum to his restricted fiche.

BOARD VOTE:  

__WTM__  __LDS__  ___FCJ__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		      Walter T. Morrison______
		        CHAIRPERSON

INDEX

CASE ID	AR2002074056	
SUFFIX		
RECON		
DATE BOARDED	20030306	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	134.00	
2.		
3.		
4.		
5.		
6.