IN THE CASE OF: BOARD DATE: 12 September 2013 DOCKET NUMBER: AR20130010806 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests removal of a DA Form 2627 (Record of Proceedings Under Article Article 15, Uniform Code of Military Justice (UCMJ)) from her Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File. 2. The applicant states; * the Article 15 was supposed to be in her record for 2 years pending good behavior * it is still visible (filed in the restricted section of her AMHRR) 3. The applicant provides: * the DA Form 2627 in question * a memorandum CONSIDERATION OF EVIDENCE: 1. The applicant's record shows her rank/grade at the time of the Article 15 was first lieutenant (1LT)/O-2. The applicant is currently serving in the rank of captain (CPT)O-3 with a date of rank of 1 November 2007. 2. On 10 July 2007, the applicant accepted nonjudicial punishment (NJP). The DA Form 2627 with continuation sheet shows: * seven instances of failure to go at the prescribed time to her appointed place of duty during the period 10 January 2006 to 18 August 2006 * two instances of intent to deceive by making a false statement on 25 April 2006 and 19 May 2006 * on 15 July 2006, she was derelict in the performance of her duties 3. She submitted a supporting statement from Lieutenant General (LTG) E--c S-----r (Retired), dated 9 August 2010, to her legal counsel, wherein he stated he was Commanding General of the Walter Reed Army Medical Center at the time the Article 15 was administered and he directed it be filed in the restricted section of her AMHRR. He said in the last 6 years, the applicant has matured into a stellar Army Nurse Corps Officer as demonstrated by her extraordinary confidence as a critical care nurse both in garrison and deployment to a combat zone. He requested that the Article 15 be removed from the applicant's record. 4. Army Regulation 600-37 (Unfavorable Information) states that once an official document has been properly filed in the AMHRR it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the AMHRR. 5. Army Regulation 27-10 (Military Justice) provides guidelines for the distribution and filing of the DA Form 2627 and allied documents. The regulation states the original DA Form 2627 will include as allied documents all written statements and other documentary evidence considered by the imposing commander or the next superior authority acting on an appeal. It further states that the restricted section is that portion of the AMHRR that contains information not normally viewed by career managers or selection boards except as provided in Army Regulation 600-8-104 (Army Military Human Resource Records Management) or specified in the Secretary of the Army's written instructions to the selection board. Allied documentation transmitted with the original or copies of DA Forms 2627, where filed with any of these forms, will be considered to be maintained separately for the purpose of determining the admissibility of the original or copies of DA Forms 2627. DISCUSSION AND CONCLUSIONS: 1. Her former Commanding General contends that it was never his intent to have the UCMJ action have such a long-lasting effect. The applicant certainly has excelled as an officer as evidenced by her subsequent promotion. However, removal of the UCMJ action from her restricted file, which may ultimately enable her to be appointed to the highest officer grade in the Army, may remove a perceived injustice for the applicant, but would certainly create an injustice for the Army by placing her on a level playing field with officers whose service was not tainted by such misconduct or lapses in integrity. 2. In view of the foregoing, there is no error or injustice and there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ _________ _______ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20130010806 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130010806 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1