SAMR-RB 10 September 2019 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for XXXXXX., SSN XXXXXXXX, AR20180016277 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 15 April 2019, in which the Board members recommended denial of the applicant’s request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by transferring the DA Form 2627 dated 29 April 2014 from the Performance section of his OMPF to the Restricted section of his OMPF. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 30 November 2019. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl CF: ( ) OMPF ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 April 2019 DOCKET NUMBER: AR20180016277 APPLICANT REQUESTS: transfer of the DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) from the performance to the restricted folder of his Official Military Personnel File (OMPF). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Forms 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DA Form 2627, dated 25 April 2014 * DA Form 4980-18 (Army Achievement Medal Certificate), dated 17 May 2015 * DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period 15 December 2014 through 30 June 2015 * DA Form 2166-9-1 (NCOER – Sergeant (SGT)) covering the period 1 July 2015 through 4 February 2016 * DA Forms 2166-9-2 (NCOER – Staff Sergeant (SSG)-First Sergeant/Master Sergeant) covering the periods 5 February 2016 through 20 March 2017 and 21 March 2017 through 25 May 2018 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 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: * the DA Form 2627 may result in his discharge from the military under the Quality Management Program or not being recommended by the upcoming promotion board for sergeant first class * transferring the DA Form 2627 will allow him a better opportunity for promotion and future positions in the Army 3. He enlisted in the Regular Army on 22 September 2005. 4. He was promoted to SSG/E-6 effective 1 March 2012. 5. On 13 March 2014, an Army Regulation 15-6 (Procedures for Administrative Investigations and Boards of Officers) Report of Proceedings recommended the applicant not be found financially responsible for the loss of equipment due to already being issued a statement of charges for the missing laptop based on the findings and evidence presented. The missing Deployable Rapid Assembly Shelter tent had been recovered and the missing pieces of the tent were expendable. The investigating officer recommended the applicant receive UCMJ action for violating Article 107 (Falsifying Statement), Article 108 (Military Property), and Article 134 (Solicitation). 6. He received nonjudicial punishment on 25 April 2014 for losing a computer system with a value of $3,000 through neglect on or about 28 August 2013 and 20 February 2014 and for attempting to remove or destroy property of the U.S. Army, to wit: the service tag from a computer, on or about 1 March 2014 and 30 March 2014. His punishment included reduction to the rank/grade of sergeant/E-5. The imposing authority directed filing the original DA Form 2627 in the performance folder of his OMPF. 7. He provided copies of his NCOER's subsequent to his nonjudicial punishment. All of these NCOERs contain positive comments and comments attesting to his professionalism. His raters marked his overall performance and potential as "Among the Best," "Exceeded Standard," or "Far Exceeded Standard." His senior raters marked his overall performance as "Successful/2" and his overall potential as "Superior/2," or "Highly Qualified." 8. He was again promoted to SSG/E-6 effective 1 August 2016. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. The applicant received NJP and the imposing commander directed its filing in the performance folder of his OMPF. The applicant requests the NJP is transferred to the restricted folder of his OMPF. The governing regulation allows for the transfer of Article 15s within the OMPF when they have served their purpose. The Board concluded the NJP has not served its purpose and recommend no relief is granted. 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. 6/25/2019 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. ADMINISTRATIVE NOTE(S): not applicable. 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 15-6 establishes procedures for investigations and boards of officers not specifically authorized by any other directive. 3. 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 (MCM). Chapter 3 implements and amplifies Article 15 of the UCMJ and chapter XXVI of the MCM. a. Paragraph 3-4 (Personal Exercise of Discretion) states a commander will personally exercise discretion in the nonjudicial punishment process by: (1) evaluating the case to determine whether proceedings under Article 15 should be initiated; (2) determining whether the Soldier committed the offense(s) where Article 15 proceedings are initiated and the Soldier does not demand trial by court-martial; and (3) determining the amount and nature of any punishment, if punishment is appropriate. b. Paragraph 3-6 (Filing Determination) states a commander's decision whether to file a record of nonjudicial punishment in the performance folder of a Soldier's OMPF is as important as the decision on whether to impose nonjudicial punishment itself. c. 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 OMPF. The decision to file the original DA Form 2627 in the performance folder or the restricted folder in the OMPF will be made by the imposing commander at the time punishment is imposed. //NOTHING FOLLOWS// DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 Printed on Recycled Paper