IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150016266 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 correction of his official military personnel file (OMPF) by removing: a. A DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), accepted on 21 April 2008. b. A continuation sheet belonging to another service member which was mistakenly attached to the above-noted DA Form 2627 and filed in his OMPF. 2. The applicant states, in effect: * he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ on 21 April 2008; his commander suspended all punishments for 90 days and, ultimately, no punishment was imposed * his commander also elected to file the DA Form 2627 for this NJP in the restricted folder of his OMPF * upon review of his OMPF, it contains a continuation sheet for a DA Form 2627 that pertains to another service member with a similar name; it was mistakenly attached to his DA Form 2627 dated 21 April 2008 * he requests removal of the DA Form 2627 * if not removed, then at the very least, delete the part of this document that pertains to another service member * he has been aware of this error for some time, but he wishes now to have it removed so that he can be more competitive when being considered for promotion to sergeant first class 3. The applicant provides a copy of the DA Form 2627 accepted on 21 April 2008 and the continuation page which pertains to another service member (name shown as RAP and the last four numbers of the social security number (SSN) are ""). CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 18 August 2003. He has served in a variety of positions and duty locations to include deployments to Iraq and Afghanistan. He is currently on active duty and serving in the rank/grade of staff sergeant (SSG)/E-6. His name GDP and the last four numbers of his SSN are "." 3. On 21 April 2008, he accepted NJP under the provisions of Article 15, UCMJ for failing to go at the time prescribed to his appointed place of duty. The DA Form 2627 which records this NJP does not show the punishment imposed, but it does indicate his commander elected to file this form in the applicant's restricted folder within his OMPF. 4. A review of the applicant's OMPF reveals this form is located in his restricted folder. Attached to this DA Form 2627 is a continuation sheet identified as pertaining to another service member whose last name is the same, but who has a different first name and SSN (shown as RAP and the last four numbers of the SSN are ""). This continuation sheet states this service member was given 14 days of extra duty. 5. Army Regulation 27-10 (Military Justice) prescribes the policies and procedures pertaining to the administration of military justice and implements the Manual for Courts-Martial. It provides that a commander should use nonpunitive administrative measures to the fullest extent to further the efficiency of the command before resorting to NJP under the UCMJ. Use of NJP is proper in all cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate. NJP may be imposed to correct, educate, and reform offenders who the imposing commander determines cannot benefit from less stringent measures; to preserve a Soldier'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 less time and personnel than trial by court-martial. a. Paragraph 3-37b(1)(a) states that for Soldiers in the ranks of sergeant and above, the original will be sent to the appropriate custodian for filing in the OMPF. The decision to file the original DA Form 2627 in the performance section or restricted section of the OMPF will be made by the imposing commander at the time punishment is imposed. The filing decision of the imposing commander is subject to review by superior authority. b. Paragraph 3-43 contains guidance on the transfer or removal of DA Forms 2627 from the OMPF. It states that applications for removal of an Article 15 from the OMPF based on an error or injustice will be made to the ABCMR. It further indicates that there must be clear and compelling evidence to support the removal of a properly completed, facially-valid DA Form 2627 from a Soldier's record by the ABCMR. DISCUSSION AND CONCLUSIONS: 1. The applicant requests removal of a DA Form 2627 and a continuation sheet attached to this form which pertains to another service member. 2. The regulation requires clear and compelling evidence of either an injustice or an error in order for the Board to remove this document. A review of the DA Form 2627 does not suggest, nor does the applicant offer any evidence to support, that this action was based on either an error or an injustice. As such, there is insufficient evidence upon which to remove it from the applicant's restricted folder within his OMPF. 3. The evidence of record is sufficient, however, to support the removal of the continuation sheet attached to this document, which does not pertain to the applicant. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from the applicant's restricted folder within his OMPF, the continuation sheet which pertains to the service member with the name of RAP and last four numbers of the SSN "," which is attached to the DA Form 2627 dated 21 April 2008. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to removing the DA Form 2627 dated 21 April 2008 from his OMPF. _______ _ __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) AR20150016266 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150016266 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1