IN THE CASE OF: BOARD DATE: 19 March 2020 DOCKET NUMBER: AR20180011101 APPLICANT REQUESTS: removal of the DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 11 April 2014, attached to his discharge paperwork in his Army Military Human Resource Record (AMHRR) or transfer to the restricted folder. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552). REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Processing and Documents), in effect at the time, prescribed policy and procedural guidance relating to transition management. Chapter 7 (Distribution of Separation Document) stated accompanying documents that are applicable to the type of separation are prepared or assembled during final transition processing. 3. Army Regulation 600-8-104 (Army Military Human Resource Records Management), in effect at the time, prescribed policies governing the Army Military Human Resource Records Management Program. Appendix B (Documents Required for Filing in the AMHRR and/or iPERMS) governs all documents approved the by Department of the Army and required for filing in the AMHRR and/or iPERMS. Case Files for Approved Separations states approved separations must include the document listed in Army Regulation 635-8 (Separation Processing and Documents), paragraph 7-3 (The Separation Packet), and any additional documents that support the separation action (adverse action, medical, administrative, etc.). FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the 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 he believes the nonjudicial punishment summary that only contains information against him without any of his side of the story is unjust. While he accepted the outcome of the record of proceedings, the low threshold of evidence in such a trial is excessively prejudicial when viewed by civilian agencies requesting the information to determine his eligibility for future employment or promotion. 3. He was serving in the Regular Army in the rank/grade of sergeant (SGT)/E-5 when he became the subject of a Commander's Inquiry. 4. On 22 October 2013, an investigating officer was appointed to conduct an informal Commander's Inquiry surrounding the alleged sexual harassment of SGT J____ on or about 19 October 2013. 5. On 5 December 2013, the investigating officer rendered an executive summary wherein he stated: a. During the investigation, he discovered the applicant exposed his genitalia to SGT J____ while she was performing charge of quarters duties on 19 October 2013. The applicant was conducting corrective training at the time he exposed himself to SGT J____. b. The investigating officer recommended initiation of appropriate UCMJ action for punishment and the applicant's separation from the military. He also recommended revocation of the applicant's Top Secret clearance. 6. He received nonjudicial punishment under the provisions of Article 15, UCMJ, on 26 March 2014 for intentionally exposing his genitalia in an indecent manner while at the charge of quarters desk on or about 19 October 2013. a. Having been afforded the opportunity to consult with counsel and understanding his rights, he elected to not demand trial by court-martial and elected to present matters in defense, extenuation, and/or mitigation in person. b. Having considered all matters presented, his commander found him guilty and directed filing the original DA Form 2627 in the performance folder of his AMHRR. c. The applicant elected not to appeal. d. His punishment included reduction to the rank/grade to specialist/E-4, forfeiture of half a month's pay for 2 months, and 45 days of extra duty. 7. He was discharged on 20 May 2014. His DD Form 214 shows his character of service as "Under Honorable Conditions (General)" and narrative reason for separation as "Misconduct, (Serious Offense)." His rank/grade is shown as specialist/E-4. 8. A review of the applicant's AMHRR in the interactive Personnel Electronic Records Management System shows his DA Form 2627 is posted with his "Case Files for Approved Separations." BOARD DISCUSSION: After review of the application and all evidence, including the applicant’s statement, the Board found insufficient evidence to grant relief. The applicant requested removal of Article 15, dated 11 April 2014, attached to his discharge paperwork in his Army Military Human Resource Record (AMHRR) or transfer to the restricted folder. The applicant received the Article 15 for indecent exposure. The Board found insufficient evidence that the underlying basis for the Article 15 was untrue or that the imposition of the Article 15 was unjust. The Board found that the applicant did not overcome the assumption of administrative regularity; there is no evidence the applicant used administrative procedures to rebut the Article 15 and no evidence of independent, corroborating evidence that the applicant did not commit the offense. Furthermore, the Board found insufficient evidence of independent, corroborating evidence that the Article 15 served a rehabilitative purpose, which the Board might have considered as a basis for transferring the Article 15. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): not applicable. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180011101 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1