MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 January 2002
	DOCKET NUMBER:   AR2001062179

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Hubert O. Fry, Jr. 		Member	
	Mr. Donald P. Hupman, Jr.		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:  The removal of a Record of Proceedings under Article 15, UCMJ (DA Form 2627) dated 6 April 1989, from the restricted portion of her Official Military Personnel File (OMPF).

APPLICANT STATES:  That the incident took place over 10 years ago and does not reflect her present service.

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

She initially enlisted in the United States Army Reserve (USAR) in November 1982 under the Delayed Entry Program (DEP) and remained affiliated with the USAR until she enlisted in the Regular Army on 21 August 1986 for a period of 3 years, training as a Pershing missile crewmember, assignment to Europe and a cash enlistment bonus of $5,000.  She completed her training and was transferred to Germany on 8 December 1986.  She remained in Germany until 7 December 1988, when she was transferred to Fort Sill, Oklahoma in the pay grade of E-4.

On 6 April 1989, nonjudicial punishment (NJP) was imposed against her for being absent without leave from 28 March to 30 March 1989.  Her punishment consisted of a reduction to the pay grade of E-3 (suspended for 6 months), a forfeiture of $100.00, extra duty and restriction.  The imposing commander immediately set aside the portion of the punishment pertaining to the forfeiture of $100.00 and directed that the DA Form 2627 be filed on the Restricted Fiche of her OMPF.  The applicant did not appeal the punishment.

The applicant was promoted to the rank of sergeant on 1 June 1990 and on 29 June 1990, she reenlisted for 3 years and training as a computer/machine operator.  She has remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-6 in 1995.  She was promoted to the pay grade of E-7 on 1 October 1999.  A review of her records shows no other derogatory information other than the record of NJP contained on the Restricted Fiche of her OMPF.

Army Regulation 27-10, in effect at the time, provided the policies and procedures for administration of military justice within the Army.  Paragraph 3-37 of that regulation prescribed the distribution and filing of DA Form 2627 and allied documents.  It provides, in pertinent part, that the original of DA Form 2627 for soldiers E-4 and below (prior to punishment), who have been in the Army less than 3 years, as of the date punishment is imposed, will be filed locally in NJP files.  For all other soldiers, the original will be forwarded to the appropriate custodian of records for filing as directed by the imposing commander at the time punishment is imposed.

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.  The record of NJP was properly filed on the Restricted Fiche of the applicant’s OMPF in accordance with the imposing commander’s instructions and the applicable regulations in effect at the time.

2.  The applicant’s contentions have been noted by the Board; however, the Department has a need to maintain such records and the applicant has failed to show through the evidence submitted with her application or the evidence of record, that the record of NJP should be removed.  

3.  The purpose of the restricted fiche is intended to prohibit routine review of those records and precautions are taken to restrict the release of information contained on that fiche.

4.  Additionally, selection boards are not routinely allowed to review the restricted fiche.  However, in those cases where the restricted fiche is reviewed, the content of the documents contained on the restricted fiche must be taken into account before selection decisions are made.

5.  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

__inw___  __dh____  ___hof___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062179	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/01/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  328	134.0000/REM NJP	
2.		
3.		
4.		
5.		
6.