PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 April 2002                   
	DOCKET NUMBER:   AR2001065492

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Regan K. Smith		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 Article 15 dated 20 September 1997 be removed from his Official Military Personnel File (OMPF).

3.  The applicant states the Article 15 was erroneously filed in his OMPF.  Line 5, which directs where on the OMPF the Article 15 is to be filed, is clearly deleted.

4.  The applicant’s military records show that, after having had prior service in the Army National Guard, he enlisted in the Regular Army on 14 April 1994.  He was released from active duty on 13 April 1997 and was transferred to a Troop Program Unit with the U. S. Army Reserve.

5.  On 2 September 1997, the applicant, then a Specialist, E-4, was given nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent from formation.  He was reduced to pay grade E-3.  The Article 15 is filed in the performance portion of his OMPF.

6.  The applicant reenlisted in the Regular Army on 11 February 1999.

7.  Army Regulation 27-10 prescribes policies and procedures pertaining to the administration of military justice.  The version effective 24 July 1996, paragraph 3-6 states that a commander’s decision whether to file a record of nonjudicial punishment on the performance fiche of a soldier’s OMPF is as important as the decision relating to the imposition of nonjudicial punishment itself.  Paragraph    3-37 states that, for soldiers Specialist or Corporal and below (prior to punishment), the original Record of Proceedings under Article 15, UCMJ (DA Form 2627) will be filed locally in unit nonjudicial punishment files.  Such locally filed originals will be destroyed at the end of 2 years from the date of imposition of punishment or on the soldier’s transfer to another general court-martial convening authority, whichever occurs first.  For these soldiers, the imposing commander should annotate item 5 of the DA Form 2627 as “Not Applicable.”

CONCLUSIONS:

1.  An error was made in this case.  As a Specialist, the applicant’s Article 15 was authorized for filing only locally in unit nonjudicial punishment files.  It was not to be filed in his OMPF.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by removing the Article 15 dated 20 September 1997 from the applicant’s OMPF. Following completion of this administrative correction, the proceedings of the Board and all documents related to this appeal will be returned to the Board for permanent filing.

BOARD VOTE:  

__wtm___  __clg___  __rks___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Walter T. Morrison
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001065492	
SUFFIX		
RECON		
DATE BOARDED	20020402	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	126.01	
2.		
3.		
4.		
5.		
6.