ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 November 2019

	DOCKET NUMBER:  AR20170015140


APPLICANT REQUESTS:  his DD Form 2627 (Record of Proceedings under Article 15, 
Uniform Code of Military Justice (UCMJ)) be removed from his restricted file.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 2627

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states in effect, he requests the Article 15 he received in 1986 for use 
of a controlled substance (cocaine) be removed from his restricted file.  He has not 
been in any trouble or had any disciplinary actions in the military since the incident and 
there are no incidents of misconduct in his civilian records.  He has progressed in the 
military to the rank of sergeant major (SGM) and he has held positions of Equal 
Opportunity Advisor and Unit Prevention Leader.  With the Article 15 in his file prevents 
him from attending the Sexual Harassment/ Assault Response and Prevention 
(SHARP).  Keeping this document in his record is an injustice after 30 years and 
prevents any further career progression.  He first noticed the DA Form 2627 in his 
service records in 2016 and was unsure when the document was placed in his file.

3.  The applicant provides the DA Form 2627, which shows he accepted non-judicial 
punishment on 6 January 1986 for one specification of wrongful use of Cocaine.  His 
punishment included reduction from private first class (PFC)/E-3 to the rank/grade of 
private (PV2)/E-2, forfeiture of $358, and 30 days of correctional custody.  He submitted 
an appeal which was denied on 9 January 1986.

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 23 April 1985 in the rank of PFC.

	b.  The facts and circumstances surrounding the applicant receiving the Article 15 
are not available for the Board to review.  His service records are void of any evidence 
of the DA Form 2627.

	c.  His DA Form 2-1 (Personnel Qualification Record) shows he was advanced to the 
rank of specialist (SPC) effective 1 December 1985 with a date of rank (DOR) of 
6 January 1986, reduced to the rank of PFC on 6 May 1986, and advanced to SPC 
effective 1 February 1990 with the DOR of 6 January 1986.  

	d.  He was honorably released from active duty on 11 March 1988 under provision of 
Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), 
paragraph 16-8 (Reduction in Authorized Strength) in the rank of PFC effective 31 
December 1987.  He was assigned to a U.S. Army Reserve.  His DD Form 214 
(Certificate of Release or Discharge) shows that he completed 2 years, 10 months, and 
19 days of active service and was awarded an Army Good Conduct Medal.

	e.  He reenlisted in the USAR on 27 March 1993 and 5 February 1999.

	f.  The facts and circumstances surrounding any further reenlistments in the USAR 
are not available for the Board to review.

	g.  His DD Form 214 shows he was ordered to active duty in support of Operation 
Iraqi Freedom on 1 April 2005.  He was honorably released from active duty on 8 
February 2007 for completion of his required service.  His DD Form 214 shows he 
completed 1 year, 10 months, and 8 days of active service.

	h.  His DD Form 214 shows he was ordered to active duty for training to attend the 
United States Army Sergeants Major Academy on 1 August 2013.  He was honorably 
released from active duty on 20 June 2014.  His DD Form 214 shows that he completed 
10 months and 20 days of active service.

	i.  His DD Form 1059 (Service School Academic Evaluation Report) shows that he 
achieved marginal standards for performance due to failure to meet the body fat 
composition standards and failed three academic assessments.  He met the academic 
assessment standards on the second attempt.

5.  By regulation 27-10 (Military Justice), prescribes the policies and procedures 
pertaining to administration of military justice and implements the Manual for Courts 
Martial, United States, 2012 hereafter referred to as the MCM and the rules for courts 
martial (RCM) contained in the MCM.

6.  By regulation 600-37 (Unfavorable Information), sets forth policies and procedures to 
ensure the best interests of both the Army and Soldiers are served by authorizing 
unfavorable information to be placed in, transferred within, or removed from an 
individual’s Army Military Human Resource Record (AMHRR).

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
warranted.  Board members noted that this Article 15 did not impact his career, he 
became a sergeant major, and had a successful career.  However, based upon the 
amount of time since the misconduct which resulted in the Article 15 and the 
demonstrated growth of the applicant through future military success, the Board 
recommended removing the document from the applicant’s restricted fiche.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be removing from his official records the 
DA Form 2627, which shows he accepted non-judicial punishment on 6 January 1986.
	  
I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation (AR) 27-10 (Military Justice), in effect at the time, prescribes the 
policies and procedures pertaining to administration of military justice and implements 
the Manual for Courts Martial, United States, 2012 hereafter referred to as the MCM 
and the rules for courts martial (RCM) contained in the MCM.

	a.  Paragraph 3-37b (1) (Place of filing), the original will be sent to the appropriate 
custodian for filing in the Official Military Personnel File (OMPF). For those records 
where punishment is imposed on or after 1 November 1982, the decision to file the 
original DA Form 2627 on the performance fiche, or the restricted fiche in the OMPF will 
be determined by the imposing commander at the time punishment was imposed. The 
filing decision of the imposing commander is final and will be indicated in item 5, 
DA Form 2627.

	b.  Paragraph 3-43b (1), enlisted members (E-6 and above), commissioned and 
warrant officer may request the transfer of records of non-judicial punishment from the 
performance fiche of their OMPF to the restricted fiche.  To support the request, the 
person must submit substantive evidence that the intended purpose of the Article 15 
has been served and that transfer of the records is in the best interest of the Army.  

3.  AR 600-37 (Unfavorable Information), sets forth policies and procedures to ensure 
the best interests of both the Army and Soldiers are served by authorizing unfavorable 
information to be placed in, transferred within, or removed from an individual’s Army 
Military Human Resource Record (AMHRR).

	a.  Paragraph 3-3 (Filing of information exempt from the referral procedure), the 
following information may be filed in the performance portion of the AMHRR without 
further referral to the recipient.

*	records – court martials, court martial orders, and records of proceedings 
pursuant to UCMJ, Article 15
*	proceedings of boards of officers
*	completed criminal investigative reports
*	certified judgement of civilian criminal convictions
*	officer and enlisted evaluation reports
*	general – other unfavorable information of which the recipient had prior official 
knowledge and an adequate opportunity to refute

	b.  Chapter 7 the Department of the Army Suitability Evaluation Board (DASEB), is 
the initial appeal authority and makes recommendations for removal, alteration, or 
transfer of unfavorable information entered in the AMHRR. This chapter sets forth the 
policies and procedures whereby a person may seek removal of unfavorable 
information from his or her AMHRR, or transfer of unfavorable information from the 
performance file to the restricted file of the AMHRR.

	c.  Paragraph 7-2a (4), appeals for Article 15 removal, the DASEB will not consider 
appeals to remove the records of proceeding under UCMJ, Article 15 from the AMHRR.  
The authority to adjudicate such claims rests with the ABCMR under AR 15-185.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170015140

4

1