MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          7 October 2003                    
		DOCKET NUMBER:  AR2003084123

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Robert L. Duecaster		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 the DA Form 2627, Record of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice), imposed against her be removed from her Official Military Personnel File (OMPF).

APPLICANT STATES:  In essence, that the nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice,  was issued at the command level more than 5 years ago; no punishment was imposed and she has been involved in no additional incidents.  The female civilian was also not punished for her involvement in the incident.

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

That she is a Staff Sergeant, pay grade E-6, assigned to Fort Jackson, South Carolina, serving in military occupational specialty (MOS) 71L (Administrative Specialist).  She has completed more than 17 years of active military service and her current expiration of term of service date is May 2006. 

While assigned to the United States Army Element (USAE) Landsouth, Verona, Italy, the applicant was charged with unlawfully striking another female on the arm with a broom handle and for unlawfully striking the same female on the face with a closed fist on 27 October 1997.  In a closed hearing, the applicant's company commander offered her an NJP which she accepted on 5 November 1997.  She received no punishment.  The commander directed that the NJP be filed in the applicant's Restricted Fiche of her OMPF.  The applicant did not appeal the NJP.

Army Regulation 27-10 provides policy for the administration of military justice.  Chapter 3 provides that NJP is appropriate in all cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate.  It is a tool available to commanders to correct, educate and reform offenders whom the commander determines cannot benefit from less stringent measures; to preserve a member's record of service from unnecessary stigma by record of court-martial conviction; and to further military efficiency by disposing of minor offenses in a manner requiring fewer resources than trial by court-martial.  The imposing commander is not bound by the formal rules of evidence before courts-martial and may consider any matter, including unsworn statements the commander reasonably believed to be relevant to the case.  Whether punishment is imposed and the nature of the punishment imposed is the sole decision of the imposing commander.

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.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant's NJP was imposed in compliance with applicable laws, regulations and policies, and there is no evidence of any violation of any of the applicant's rights.  

3.  The applicant has not presented a valid reason for removal of her NJP from the restricted portion of her 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

__fne___  __slp___  __rld___  DENY APPLICATION

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

INDEX

CASE ID	AR2003084123	
SUFFIX		
RECON		
DATE BOARDED	20031007	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.000	
2.		
3.		
4.		
5.		
6.