ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 7 April 2020 DOCKET NUMBER: AR20180011398 APPLICANT REQUESTS: * removal, transfer, or redact of his DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) from his Army Military Human Resource Record (AMHRR) * restoration of his rank/grade of sergeant/E-5 * receipt of back pay and allowances 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) * DA Form 2627 * Personal Affidavit, Applicant, undated * Legal Brief, Counsel, dated 15 May 2018 * three Letters of Support REFERENCES: 1. Army Regulation 27-10 (Military Justice) prescribes the policies and procedures pertaining to the administration of military justice and implements the Manual for Courts-Martial. Paragraph 3-37 (Distribution and Filing of DA Form 2627 and Allied Documents) states the original DA Form 2627 will be filed in the Soldier's AMHRR. The decision to file the original DA Form 2627 in the performance folder or the restricted folder in the AMHRR will be made by the imposing commander at the time punishment is imposed. 2. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes policies governing the Army Military Human Resource Records Management Program. Once properly filed in the AMHRR the document will not be removed from the record unless directed by the Army Board for Correction of Military Records (ABCMR). The restricted folder contains documents that may normally be considered improper for viewing by selection boards or career managers. Appendix B (Documents Required for Filing in the AMHRR and/or interactive Personnel Records Management System (iPERMS)) states all documents required for filing in the AMHRR and/or iPERMS are required to be uploaded to iPERMS for the office responsible for completing the action. Documents will be uploaded within 20 working days of the document being produced and associated actions completed. FACTS: 1. The applicant defers to counsel. 2. Counsel states: * the nonjudicial punishment under Article 15 should not have been given to the applicant because he was not guilty of the offense * applicant has been retained on active service and wishes to continue in his ability to serve * the appeal is based on the underlying basis that his nonjudicial punishment was procedurally defective at the time of administration, the adverse action was unfair at the time, and the nonjudicial punishment is inequitable now * the nonjudicial punishment is inequitable and has serviced its purpose * the applicant's military career should be considered in his appeal 3. The applicant was serving in the Regular Army in the rank/grade of sergeant/E-5 as an Army Recruiter when he received nonjudicial punishment. 4. On 2 June 2017, he received nonjudicial punishment for two instances of annotating negative comments in the Army Recruiting Information Support System about two possible recruits on or about 24 May 2017, being of a nature to bring discredit upon the Armed Forces. a. Having been afforded the opportunity to consult with counsel and understanding his rights, he elected not to demand a trial by court-martial and not to present matters in defense, extenuation, and/or mitigation. b. In a closed hearing and having considered all matters presented, his commander determined he was guilty of all specifications. The commander directed filing the original DA Form 2627 in the performance folder of his AMHRR. c. The applicant elected not to appeal the punishment. 5. A review of the applicant's AMHRR in iPERMS shows the DA Form 2627 is filed in the performance folder. Page 2 of the DA Form 2627 is not completed. 6. Headquarters, U.S. Army Garrison Command, Fort Knox, Orders 026-0410, dated 26 January 2018, promoted him to sergeant/E-5 effective 1 February 2018. 7. He provided a personal affidavit showing his military career accomplishments and his unwavering commitment to the U.S. Army, its Soldiers, and his peers. 8. He provided three letters of support attesting to his character, work ethic, integrity, and noncommissioned officer attributes and competencies. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is not warranted. The Board considered the applicant's statement, his record of service, the nature of the misconduct and the determination to file his non-judicial punishment. The Board considered the letters of support the applicant provided. The Board noted by his initials and signature on the DA Form 2726 that the applicant was afforded the opportunity to consult with counsel and understanding his rights, he elected not to demand a trial by court-martial, and not to present matters in defense, extenuation, and/or mitigation; and that he elected not to appeal the punishment. The Board determined that the DA Form 2726 was just and equitable under the circumstances. Based on a preponderance of evidence, the Board determined that the DA Form 2726 as filed in the applicant's records was not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X 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. X CHAIRPERSON 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. //NOTHING FOLLOWS//