IN THE CASE OF

		BOARD DATE:	    22 April 2014

		DOCKET NUMBER:  AR20140005251 


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 the DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 6 February 2009, be removed from his Army Military Human Resource Record (AMHRR) (previously known as the Official Military Personnel File).  

2.  He states he had proceedings for an Article 15 in 2009, but he never got it.  It was supposed to be taken out of his restricted folder 6 months after he received it, but this never happened.  

3.  He provides Article 15, UCMJ, proceedings, dated 6 February 2009.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of sergeant first class/E-7.

2.  The applicant enlisted in the Regular Army on 27 February 2003.  He was promoted to staff sergeant on 1 August 2008.

3.  On 6 February 2009, he accepted nonjudicial punishment under Article 15, UCMJ for failing to obey a lawful order issued by a commissioned officer, an order which it was his duty to obey by wrongfully bringing visitors to a "MILGP apartment" between midnight and 0700 hours.  


4.  He acknowledged he had been afforded the opportunity to consult with counsel, he did not demand trial by court-martial, requested a closed hearing in the Article 15 proceedings, requested a person to speak in his behalf, and elected to present matters in person.  

5.  His punishment consisted of a reduction to the rank of sergeant/E-5 (suspended, to be automatically remitted if not sooner vacated on or before 6 July 2009) and extra duty for 21 days.

6.  The imposing official directed the original DA Form 2627 be filed in the restricted folder of his AMHRR.  He was advised of his right to appeal to the commander of the 10th Special Forces Group within 5 calendar days.  He elected not to appeal the punishment.  

7.  Army Regulation 600-8-104 (AMHRR Management) prescribes the policies governing the AMHRR, the Military Personnel Records Jacket, the career management individual file, and Army Personnel Qualification Records.  Paragraph 2-4 of this regulation states that once a document is placed in the AMHRR it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the Army Board for Correction of Military Records (ABCMR) among other agencies.

DISCUSSION AND CONCLUSIONS:

1.  The applicant accepted nonjudicial punishment under Article 15, UCMJ for failing to obey a lawful order issued by a commissioned officer, an order which it was his duty to obey.

2.  The evidence of record shows the Article 15 was properly filed in the restricted folder of the applicant's AMHRR in accordance with applicable regulations.

3.  The applicant contends he had the proceedings for an Article 15, but he never got it.  However, the evidence of record shows he signed the Article 15 in question acknowledging receipt of the punishment on 6 February 2009.  He was afforded the opportunity to submit an appeal, but he elected not to do so.  

4.  Although the applicant contends the Article 15 was supposed to be taken out of his restricted folder after 6 months, the Army does not have a policy that provides for the removal of a document from the AMHRR based on the passage of time.  

5.  The evidence of record is void of evidence which indicates the Article 15 was filed in error.  Therefore, 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)                                         AR20140005251



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ABCMR Record of Proceedings (cont)                                         AR20140005251



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