IN THE CASE OF: BOARD DATE: 22 July 2022 DOCKET NUMBER: AR20210015865 APPLICANT REQUESTS: transfer of the DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), 27 August 2018, from the performance folder of his Army Military Human Resource Record (AMHRR) 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) * Enlisted Record Brief, 21 October 2021 * DA Forms 2166-9-2 (NCO Evaluation Report (NCOER) (SSG-1SG/MSG)) covering the periods: * 1 May 2017 through 7 June 2018 * 8 June 2018 through 7 June 2019 * 8 June 2019 through 7 June 2020 * 8 June 2020 through 28 October 2020 * 29 October 2020 through 10 September 2021 FACTS: 1. The applicant states he received nonjudicial punishment under Article 15, UCMJ, for engaging in an inappropriate relationship with a specialist/E-4. He admitted to his battalion commander that he was fully aware that he was fraternizing with a lower enlisted Soldier and the conduct was unbecoming of a staff sergeant/E-6. He further states: a. Following the reading of his Article 15 proceedings, his battalion commander determined the best course of action was to relocate him to another company and suspend his punishment for 180 days. If, after 180 days, no further instances had occurred, the DA Form 2627 would be locally filed and not forwarded for filing in his Official Military Performance File (OMPF). b. He moved to Company A and was promoted to a weapons squad leader. During his 180-day suspension of punishment, he excelled in his duties. He was recognized on several occasions at the battalion and division levels. c. Following the 180-day suspension of punishment, he had a meeting with the battalion commander to discuss what he had accomplished during that time. The battalion commander determined that all punishments would be null and void and the DA Form 2627 would be filed locally. d. The battalion commander made a mistake during his Article 15 proceedings and marked the box which stated, "file in the performance section of the OMPF." He has tried on multiple occasions to have this issue resolved, but due to the fact that it is already filed in his OMPF, the only thing he can do is request a transfer of the DA Form 2627 to the restricted folder of his OMPF. 2. On 27 August 2018, he accepted nonjudicial punishment for violation of one specification of Article 92 (Failure to Obey Order or Regulation) by wrongfully engaging in a relationship with a subordinate enlisted Soldier. His punishment included reduction to sergeant/E-5 and forfeiture of $1462.00 pay, both suspended until 23 February 2019, and an oral reprimand. The DA Form 2627 reflects the imposing commander directed filing the DA Form 2627 in the performance folder of his OMPF. He did not appeal the punishment. 3. He received an annual NCOER covering the period 8 June 2019 through 7 June 2020. His DA Form 2166-9-2 reflects in: a. Part IV (Performance Evaluation, Professionalism, Attributes, and Competencies), subsections d-h, his rater marked "Far Exceeded Standard" or "Exceeded Standard." Regarding his overall performance, his rater marked "Far Exceeded Standard"; and b. Part V (Senior Rater Overall Potential), his senior rater marked "Most Qualified." 4. He received a complete-the-record NCOER covering the period 8 June 2020 through 28 October 2020. His DA Form 2166-9-2 reflects in: a. Part IV, subsections d-h, his rater marked "Far Exceeded Standard" or "Exceeded Standard." Regarding his overall performance, his rater marked "Far Exceeded Standard"; and b. Part V (Senior Rater Overall Potential), his senior rater marked "Highly Qualified." 5. He received a change-of-rater NCOER covering the period 29 October 2020 through 10 September 2021. His DA Form 2166-9-2 reflects in: a. Part IV, subsections d-h, his rater marked "Far Exceeded Standard" or "Exceeded Standard." Regarding his overall performance, his rater marked "Far Exceeded Standard"; and b. Part V (Senior Rater Overall Potential), his senior rater marked "Highly Qualified." BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. Regulatory guidance provides members in the rank of SGT and above will have NJP placed in their OMPF. The Board agreed the NJP was properly placed in his OMPF. However, based upon a preponderance of the evidence, the Board determined there is sufficient evidence that shows the contested NJP served its purpose, and should now be transferred to the restricted folder of his OMPF. 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 corrected by transferring the contested DA Form 2627, dated 27 August 2018, from the performance folder of his OMPF to the restricted folder. 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. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 600-37 (Unfavorable Information), effective 10 May 2018, 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 AMHRR. Unfavorable information will not be filed in the AMHRR unless the recipient has been given the opportunity to review the documentation that serves as the basis for the proposed filing and a reasonable amount of time to make a written statement in response. Paragraph 6-3a(5) states Soldiers who believe that unfavorable information filed in their AMHRR, in the form of a memorandum of reprimand, admonition, or censure, or records or proceedings pursuant to Article 15, UCMJ, have served their intended purpose, may submit an appeal in the case of an Article 15, UCMJ, to request its transfer to the restricted folder of the AMHRR in accordance with paragraph 7-2d(3). Such appeals must include evidence that: * the intended purpose has been served * the Soldier has received at least one evaluation report (not academic) since its imposition * the transfer is in the best interest of the Army * the Soldier's chain of command at the time of the imposition and/or imposing authority support the transfer in the form of a memorandum 3. Army Regulation 600-8-104 (Army Military Human Resource Records Management), effective 7 May 2014, prescribed policies governing the Army Military Human Resource Records Management Program. The AMHRR includes, but is not limited to, the Official Military Personnel File, finance-related documents, and non-service related documents deemed necessary to store by the Army. Paragraph 3-6 provides that once a document is properly filed in the AMHRR, the document will not be removed from the record unless directed by the ABCMR or other authorized agency. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015865 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1