PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 26 May 1999
	DOCKET NUMBER:      AR1999026147

	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. Loren G. Harrell		Director	
	Mr. Wyman N. Bailey		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Barbara J. Ellis		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 nonjudicial punishment (NJP) under Article 15, UCMJ, be transferred from the performance fiche to the restricted fiche Official Military Personnel File (OMPF).

3.  The applicant states that the NJP has served its purpose since its imposition 6 years ago.  He further states that since the NJP was imposed, he has received two Army Good Conduct Medals (GCMDL) within the required time, that he has been awarded 3 Army Commendation Medals (ARCOM) and 4 Army Achievement Medals (AMM) and has learned to better serve those soldiers entrusted to his supervision.    

4.  The applicant’s military records show that he enlisted in the Regular Army on 10 November 1982, completed basic and advanced individual training and was awarded the Military Occupational Specialty (MOS) of 75C10 (Personnel Management Specialist).  

5.  He was promoted to pay grade E-5 on 5 July 1985 and was assigned to the 5th Personnel Group, Federal Republic of Germany on 25 July 1991.  On 19 February 1993, NJP was imposed against him for signing a promotion order of another soldier without permission.  The punishment consisted of reduction from pay grade E-5 to E-4 (suspended for 6 months) and a forfeiture of $630 a month for 2 months.  His commander directed that the nonjudicial punishment be filed on the performance fiche of his OMPF.   

6.  Thereafter, he was assigned to the 82nd Airborne Division.  He was awarded his 4th award of the GCMDL on 22 March 1995 and promoted to pay grade E-6 on 1 July 1995.  His other awards since receiving the NJP include 3 ARCOM’s and 4 AAM’s.  Further, all of his NCO Evaluations (NCOER’s) show that he has exceeded the standards and that he has the potential to be promoted ahead of his peers.   

CONCLUSIONS:

1.  The applicant maintained his pay grade while the 6-month suspension action was imposed.  Upon his departure from the 5th Personnel Group the applicant was awarded the ARCOM and within 8 months of that reassignment to the 82nd Airborne Division he was awarded his 4th award of the GCMDL.

2.  The applicant’s NCOER’s show that he has taken charge of his career in the Army and has the potential to succeed in all of his future assignments.   

3.  Considering the nature of the offense involved and the applicant's commendable performance during the past several years, it appears that the subject NJP has served the purpose for which it was intended.  In the interest of justice, it would now be appropriate to transfer the record of NJP from the performance fiche to the restricted fiche of his OMPF.    

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by transferring from the performance fiche to the restricted fiche of the OMPF of the individual concerned the record of proceedings of NJP, dated 19 February 1993, and all documents related thereto.    

BOARD VOTE:  

__MDM__  __AAO__  _BJE___   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__	Mark D. Manning__
		        CHAIRPERSON

INDEX

CASE ID	AR1999026147	
SUFFIX		
RECON		
DATE BOARDED	19990526	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	126	
2.		
3.		
4.		
5.		
6.