20050004522C070206 by HC1209282324

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									                          DEPARTMENT OF THE ARMY
                      BOARD FOR CORRECTION OF MILITARY RECORDS
                          1901 SOUTH BELL STREET 2ND FLOOR
                               ARLINGTON, VA 22202-4508




                         RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:    8 December 2005
      DOCKET NUMBER: AR20050004522


      I certify that hereinafter is recorded the true and complete record of the
proceedings of the Army Board for Correction of Military Records in the case of
the above-named individual.

       Mr. Carl W. S. Chun                                 Director
       Ms. Wanda L. Waller                                 Analyst


      The following members, a quorum, were present:

       Mr. Richard Dunbar                                  Chairperson
       Mr. James Gunlicks                                  Member
       Mr. Scott Faught                                    Member

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion, if any).
ABCMR Record of Proceedings (cont)                             AR20050004522

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that item 5 on his DA Form 2627 (Record of
Proceedings Under Article 15, UCMJ), dated 19 March 2004, be corrected to
show that the imposing commander directed that the original DA Form 2627 be
filed in the restricted fiche of his Official Military Personnel File (OMPF).

2. The applicant states the imposing commander's intent was to place the DA
Form 2627 in his restricted fiche; however, the commander inadvertently placed
the "X" in the wrong box.

3. The applicant provides a statement from the imposing commander and a copy
of the DA Form 2627.

CONSIDERATION OF EVIDENCE:

1. The applicant was serving as a sergeant assigned to the 500th Military Police
Detachment at Fort Leavenworth, Kansas. He is now currently serving overseas.

2. Item 5 on the applicant's DA Form 2627, dated 19 March 2004, shows an "X"
in both the performance fiche block and the restricted fiche block.

3. In support of his claim, the applicant provided a statement from the imposing
commander. The imposing commander requests that item 5 on the applicant's
DA Form 2627 be corrected to show an "X" in the restricted fiche block. He
states that his intent was to mark the restricted fiche block but he marked the
wrong block. He then attempted to white out the performance fiche block and put
his initials by it, but clearly it did not happen.

DISCUSSION AND CONCLUSIONS:

The statement from the imposing commander is sufficient as a basis for
amending item 5 on the applicant's DA Form 2627, dated 19 March 2004, to
show he directed that the original DA Form 2627 be filed in the restricted fiche of
the applicant's OMPF.




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ABCMR Record of Proceedings (cont)                          AR20050004522

BOARD VOTE:

RD_____ JG______ SF______ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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
amending item 5 on the DA Form 2627, dated 19 March 2004, to show the
imposing commander directed that the original DA Form 2627 be filed in the
restricted fiche of the applicant's OMPF.




                                  ____Richard Dunbar____
                                      CHAIRPERSON




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ABCMR Record of Proceedings (cont)         AR20050004522


                                 INDEX

CASE ID                    AR20050004522
SUFFIX
RECON
DATE BOARDED               20051208
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION             GRANT
REVIEW AUTHORITY
ISSUES     1.              100.0000
           2.
           3.
           4.
           5.
           6.




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