AR20160002645

IN THE CASE OF

BOARD DATE: 12 April 2016

DOCKET NUMBER: AR20160002645

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

____X____ ___X_____ ___X_____ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Discussion

IN THE CASE OF:

BOARD DATE: 12 April 2016

DOCKET NUMBER: AR20160002645

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.

IN THE CASE OF:

BOARD DATE: 12 April 2016

DOCKET NUMBER: AR20160002645

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests removal of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ), dated 9 November 2008, from the restricted section of his official military personnel file (OMPF).

2. The applicant states as documented in his Non-Commissioned Officer Evaluation Reports (NCOER), he contributes significantly to the efficiency of the U.S. Army. His honorable service outweighs any negative impact caused by this one incident. The lessons he learned gave him the passion and dedication to always remain positive, and keep moving forward regardless of the circumstances. He has matured greatly since 2008, and those actions no longer reflect the Soldier he is today. He submitted these matters to the Qualitative Management Program (QMP) board and the Department of Defense has honored his submission to be removed from the QMP board.

3. The applicant provides a DA Form 2627, dated 9 November 2011.

CONSIDERATION OF EVIDENCE:

1. The applicant previously served 3 years in the Regular Army. On
4 December 1998, he enlisted in the Florida Army National Guard for 4 years,
9 months, and 12 days.

2. On 14 January 2003, he enlisted in the Regular Army for 3 years. He immediately reenlisted on 12 November 2005 for 4 years, on 27 March 2009 for 6 years, and on 4 December 2014 for an indefinite period.

3. He was promoted to staff sergeant/pay grade E-6 on 1 February 2008.

4. On 9 November 2008, he accepted nonjudicial punishment (NJP) for:

* Attempting to steal funds of a value of about $1,232.00, the property of Specialist RJM and the U.S. Bank, on divers occasions between on or about 26 and 27 June 2008
* Stealing funds of a value of about $518.00, the property of Specialist RJM and the U.S. Bank, on divers occasions between on or about 26 and
27 June 2008

5. His punishment consisted of:

* reduction to sergeant/pay grade E-5, suspended until 10 March 2009
* a forfeiture of $1,361.00 pay for 2 months, 1 month suspended until
10 March 2009

6. The imposing officer directed the original DA Form 2627 be filed in the applicant’s restricted section of his OMPF. On 25 November 2008, the
DA Form 2627 was filed in the restricted section of his OMPF.

REFERENCES:

1. Army Regulation 27-10 (Military Justice) prescribes the policies and procedures pertaining to the administration of military justice. Chapter3 states that NJP is imposed to correct misconduct as a result of intentional disregard of or failure to comply with prescribed standards of military conduct in violation of the UCMJ. NJP may be set aside or removed upon a determination that, under all the circumstances of the case, a clear injustice has resulted.

a. When NJP is imposed under Article15, UCMJ, all action taken, including notification, acknowledgements, imposition, appeal, action on appeal, or any other action, would be recorded on a DAForm2627. The decision to file the original DAForm2627 in the performance section or the restricted section of the OMPF will be made by the imposing commander at the time NJP is imposed. The filing decision of the imposing commander is subject to review by any superior authority. However, the superior authority cannot direct filing an Article15 in the performance section when the imposing commander directed filing it in the restricted section.

b. An enlisted Soldier (sergeant and above) may request the transfer of a record of NJP from the performance section of the OMPF to the restricted section. This request must be supported by substantive evidence that the intended purpose of Article 15 has been served and that transfer of the record is in the best interest of the Army.

c. Application for removal of a DAForm2627 from a Soldier’s OMPF based on an error or injustice will be made to the Army Board for Correction of Military Records (ABCMR). There must be compelling evidence to support the removal of a properly-completed, facially-valid DAForm2627 from a Soldier’s record by the ABCMR.

2. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) states that once placed in the OMPF, a document becomes a permanent part of that file. The restricted section of the OMPF is used for historical data that may normally be improper for viewing by selection boards or career managers. Documents in this section include those that must be permanently kept to maintain an unbroken, historical record of a Soldier’s service, conduct, duty performance, and evaluation periods.

DISCUSSION:

1. The applicant contends the actions resulting in his NJP no longer reflect the Soldier he is today. He contends he submitted these matters to the QMP board and the Department of Defense honored his submission to be removed from the QMP board. However, he submitted no evidence and there is no evidence in his OMPF to support this contention.

2. Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable regulations, it appears the DA Form 2627 was properly issued and filed in the restricted section of his OMPF. There is no evidence of an error or injustice. The restricted section of the OMPF is used for historical data that may normally be improper for viewing by selection boards or career managers. Documents in this file include those that must be permanently kept to maintain an unbroken, historical record of a Soldier’s service, conduct, duty performance, and evaluation periods. There is

no clear and compelling evidence to support the removal of a properly completed, facially valid DA Form 2627 from the restricted section of his OMPF.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160002645

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160002645

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2