PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                16 January 2003
	DOCKET NUMBER:        AR2002078568

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Marla J. Troup		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 Record of Proceedings of nonjudicial punishment imposed under Article 15, Uniform Code of Military Justice (UCMJ), on 25 January 1988, be removed from his Official Military Personnel File (OMPF).

3.  The applicant states that, as of 17 January 1990, nonjudicial punishment under Article 15, UCMJ, is no longer filed in the OMPF of pay grades E-4 and below.  In support of his application, he submits a copy of Article 15, 
dated 25 January 1988.

4.  The applicant’s military records show that he initially served in the U.S. Army Reserve.  He enlisted in the Regular Army on 19 February 1986 and has continued to serve on active duty through a series of reenlistments.  He is currently serving on active duty in the rank of sergeant first class/pay grade E-7.

5.  On 25 January 1988, the applicant was punished under Article 15, UCMJ, for wrongfully using cocaine on or about 17 December 1987.  The applicant did not demand trial by court-martial, requested a closed hearing in the Article 15 proceedings, and waived consultation with a lawyer.

6.  After consideration of all matters presented in the closed hearing, the imposing commander decided that, beyond a reasonable doubt, that the applicant committed the offense and imposed the punishment of reduction to private first class/pay grade E-3, forfeiture of $250.00 pay per month for 2 months, to perform extra duties for a period of 45 days and to be restricted to the limits of Fort Bragg, North Carolina, for a period of 45 days.

7.  The imposing commander directed that the DA Form 2627 (Record of Proceedings under Article 15) be filed in the applicant's Restricted Fiche of his OMPF.  The applicant accepted the Article 15 and elected not to appeal the punishment.  

8.  Records show the applicant was promoted to sergeant/pay grade E-5 in May 1989.

9.  The applicant's personnel records show he successfully completed the Primary Leadership Course in September 1989.  He also completed the Basic Noncommissioned Officer Course (BNCOC) in August 1992 and the Advanced Noncommissioned Officer Course (ANCOC) in January 1998.

10.  The applicant's last five Noncommissioned Officer Evaluation Reports (NCOER) covering the period March 1999 through February 2002, show recommendations for advancement to Master Sergeant, attendance to the Advanced Noncommissioned Course, and selection as a line unit First Sergeant of a main or forward support battalion.  His senior rater indicated that he has "unlimited potential" and is a "superbly capable and dependable NCO."

11.  The applicant's records show he has received five awards of the Good Conduct Medal, three awards of the Army Commendation Medal, two awards of the Army Achievement Medal and two awards of the Meritorious Service Medal.

12.  Paragraph 3-37 of Army Regulation 27-10 (Military Justice), currently in effect, provides instructions on the disposition of the DA Form 2627.  It states, in pertinent part, that for soldiers in the rank of SPC or CPL and below, the 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 GCMCA, whichever occurs first.

CONCLUSIONS:

1.  The applicant received nonjudicial punishment imposed under Article 15, UCMJ, on 25 January 1988, for wrongfully using cocaine.

2.  The commander imposing the Article 15 determined, based on all facts including the applicant's duty performance and his potential, that it was appropriate to place the Article 15 in the Restricted Fiche of the applicant's OMPF instead of placing it in the Performance Fiche.

3.  The Board carefully reviewed the applicant's OMPF and determined that there was no other record of misconduct or any record of substandard performance by the applicant since the Article 15 was imposed on 25 January 1988.  

4.  The Board reviewed the applicant's NCOERs and noted the highly laudatory comments on performance and potential by the applicant's raters and senior raters.  In particular, the Board noted the recommendations that he be promoted immediately to master sergeant/pay grade E-8 and serve as a leader of soldiers in the position of unit first sergeant.

5.  Although the Board does not condone acts of indiscipline involving drugs, the Board also noted that Army regulation governing filing of nonjudicial punishment clearly provides for removal of an Article 15 from personnel records when the disciplinary action has served its intended purpose.  

6.  After very careful review of this entire matter, the Board determined that the applicant's commendable performance for over 14 years after the offense demonstrates that the Article 15 served the purpose for which it was intended.  Therefore, the Board believes that this is one of those cases in which an Article 15 should be removed from the record of an outstanding noncommissioned officer who has clearly demonstrated that he rehabilitated himself after committing a serious breach of discipline very early in his career.  

7.  Based on all of the foregoing, the Board has determined, in this specific case, that the facts warrant expunging the DA Form 2627 (Record of Proceedings under Article 15), dated 25 January 1988, from the applicant's OMPF.

8.  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 25 January 1988, from the OMPF of the individual concerned.

BOARD VOTE:  

RVO____  AAO____  MJT_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor___
		        CHAIRPERSON

INDEX

CASE ID	AR2002078568	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031016	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	126.0000	
2.		
3.		
4.		
5.		
6.