ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:    BOARD DATE:  5 October 2020 DOCKET NUMBER:  AR20200001453 


APPLICANT REQUESTS: removal of a record of punishment under Article 15, Uniform Code of Military Justice (UCMJ), administered on 9 July 1973 from his official record.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ, dated 9 July1973

.DD Form 214 (Report of Separation from Active Duty), dated 28 April 1974



FACTS: 

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

2.The applicant states his DD Form 214 shows he was a specialist four (SP4)/E-4, andhis Reentry Eligibility (RE) code was RE-1.  His immediate commander said heremoved his Article 15 because he found he was not at fault.

3.A review of the applicant's official records shows the following:

a.On 28 July 1972, the applicant enlisted in the Regular Army.

b.On 12 July 1973, the applicant accepted non-judicial punishment under theprovisions of Article 15, UCMJ, for without authority, through neglect damaging a three quarter ton utility truck.  His punishment was forfeiture of pay for a period of one month. 

c.On 28 April 1974, the applicant was honorably discharged from active duty forimmediate reenlistment.  

4.See applicable references below.

BOARD DISCUSSION: 



1.After reviewing the application and all supporting documents, the Board found thatrelief is warranted.2.The Board considered the applicant's request, supporting documents and evidencein the records.  The Board considered the record of service, the nature of themisconduct, his grade at the time and current filing instructions.  The Board agreedthat, given the minor nature of the offense, the minor punishment imposed, and the fact that the applicant went on to reenlist, there is no longer a substantive reason to maintain the record of non-judicial punishment in the applicant's record.  The Board determined the DA Form 2527-1, dated 9 July 1973, should be removed from the applicant's record. 


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

XXX :XXX :XXX 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 corrected by removing from his Official Military Personnel File the DA Form 2527-1 dated 9 July 1973. 

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. 


REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within 3 years after discovery of the alleged error or injustice.  Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so.

2.Army Regulation (AR) 27-10 (Military Justice) in effect at the time states inparagraph 3-15, filing of records where only minor punishment is imposed.  Theprovisions of this paragraph (3-15b) apply only to those records of NJP, which reflectminor punishment.  Minor punishment is defined as restriction for 14 days or less, extraduty for 14 days or less, detention of pay or forfeiture of pay to be applied for not morethan one month.  The imposing commander must determine the filing status at the timepunishment is imposed.

3.AR 640-10 (Individual Military Personnel Records) in effect at the time statestemporary documents will be removed from the military personnel records jacket prior toforwarding the military personnel records jacket from one custodian to another, anddocuments may be removed once they have served their purpose.

//NOTHING FOLLOWS//