MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           6 May 2003                   
	DOCKET NUMBER:   AR2002082492

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Larry C. Bergquist		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:  That the Record of Proceedings Under Article 15, Uniformed Code of Military Justice, which records the nonjudicial punishment (NJP) he accepted on 24 September 1987, be removed from his records.

APPLICANT STATES:  That he believes that his NJP was accidentally directed to be filed in the restricted portion of his Official Military Personnel File (OMPF).  He believes that, although promotion boards cannot access the restricted portion of his OMPF, the fact that a restricted portion exists may influence their selection.

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

He enlisted in the Regular Army on 14 August 1985.  He was promoted to pay grade E-5, infantry, effective 1 August 1987, with a date of rank of 16 July 1987.

On 24 September 1987, the applicant accepted NJP for dereliction in the performance of his duties in that he, “through culpable inefficiency failed to connect the grounding wire on a washing machine, as it was [his] duty to do.”  The NJP was also for acting in a disrespectful manner towards a commissioned officer.  The punishment imposed consisted of a forfeiture of $203.00 (suspended and to be remitted if not vacated), and 7 days extra duty.  The imposing officer directed that the record of nonjudicial punishment (DA Form 2627) be filed on the restricted fiche of his OMPF.

The applicant has served continuously on active duty, being promoted to pay grade E-7.  He was on active duty on the date he submitted his application to the Board.

Army Regulation 27-10, then in effect, provided that the officer imposing NJP was to determine whether the report of NJP (DA Form 2627) was to be filed on the individual's restricted or performance portion of his or her OMPF.  Paragraph 3-6 stated, in pertinent part, "the interests of the Army are compelling when the record of nonjudicial punishment reflects unmitigated moral turpitude or lack of integrity, patterns of misconduct, or evidence of serious character deficiency or substantial breach of military discipline.  In such cases the record should be filed on the performance fiche."

Effective in 1987 Army Regulation 27-10 was changed to provide for the filing of NJP in a unit punishment file and the military personnel record jacket (MPRJ) for soldiers in pay grade E-4 and below who have been in the Army less than 3 years on the date the punishment is imposed.  The current provisions were not retroactively applied to previously issued NJP’s.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was in pay grade E-5 when he accepted NJP.  As such, the DA Form 2627 was required to be filed in his OMPF.

2.  The applicant’s commander extended leniency to the applicant by directing that the DA Form 2627 be filed in the restricted portion of his OMPF.  There was no error or injustice in that directive.

3.  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

____lem _  ___fne __  ___lcb __  DENY APPLICATION

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

INDEX

CASE ID	AR2002082492	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	200305060	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	134.02	
2.		
3.		
4.		
5.		
6.