La. Admin. Code tit. 41 § II-429

Current through Register Vol. 50, No. 9, September 20, 2024

Section II-429 - Distribution and Filing of Article 15 and Allied Documents

A. General. DA Form 2627 will be prepared in an original and five copies. All written statements and other documentary evidence considered by the imposing commander or the next superior authority acting on an appeal will be transmitted with the original. Copies of DA Form 2627 will be transmitted through the SIDPERS (J1) to the Military Personnel Records Jacket (MPRJ) to the MilPay maintaining the service member's pay account according to DA Pam 600-8, chapter 8. DA Form 268, Report of Suspension of Favorable Personnel Actions, will be submitted per AR 600-8-2 Standard instructions for distribution and filing of forms for commissioned officers, warrant officers, and enlisted service members are set out below.

B. Original of DA Form 2627

1. Place of filing, E-4 and below. For service members E-4 and below (prior to punishment), the original will be filed locally in unit non-judicial punishment files. Such locally filed originals will be destroyed at the end of 2 years from the date of imposition of punishment or on the service member's transfer to another special courts-martial convening authority, whichever occurs first. For these service members, the imposing commander should annotate item 5 of DA Form 2627 as "Not Applicable (N/A)."

2. Place of filing, E-5 and above. For all other service members E-5 and above, the original will be sent to the appropriate custodian for filing in the OMPF (Official Military Personnel File) located in iPERMS (Personnel Electronic Records Management System.)

3. "Performance Fiche" versus "Restricted Fiche"

a. The "performance fiche" is that portion of the OMPF in iPERMS that is routinely used by career managers and selection boards for the purpose of assignment, promotion, and schooling selection. The "restricted fiche" is that portion of the OMPF in iPERMS that contains information not normally viewed by career managers or selection boards except as provided in AR 640-10 or specified in the Secretary of the Army's written instructions to the section board.

b. A commander's decision whether to file a record of non-judicial punishment on the "performance fiche" of a Service member's Official Military Personnel File (OMPF) is as important as the decision relating to the imposition of non-judicial punishment itself. In making a filing determination, the imposing commander must weigh carefully the interests of the service member's career against those of the Louisiana National Guard to produce and advance only the most qualified personnel for positions of leadership, trust, and responsibility. In this regard, the imposing commander should consider the service member's age, grade, total service (with particular attention to the service member's recent performance and past misconduct), and the fact that the filing decision is final, except for those cases where the service member has more than one record of non-judicial punishment directed for filing in the "restricted fiche." (See (c) below). However, the interests of the Louisiana National Guard are compelling when the record of non-judicial punishment reflects unmitigated moral turpitude or lack of integrity, patterns of misconduct, or evidence of serious character deficiency or substantial breach of military discipline. In such cases, the record should be filed in the "performance fiche."

c. The decision to file the original DA Form 2627 on the "performance fiche" or the "restricted fiche" in the OMPF in iPERMS will be determined by the imposing commander at the time punishment is imposed. The filing decision of the imposing commander is final subject only to review when a previous DA Form 2627 that has not been wholly set aside is discovered to have been previously filed in the "restricted fiche". Records directed for filing in the "restricted fiche" will be redirected to the "performance fiche" if the service member has other records of non-judicial punishment reflecting misconduct in the grade E-5 or higher that have not been wholly set aside recorded in the "restricted fiche."

C. Copy One of DA Form 2627

1. Performance Fiche. For those Article 15's directed for filing on the "performance fiche" of the OMPF, the appropriate custodian must file in iPERMS. Copy one will be filed in the permanent section of the iPERMS unless the original Article 15 is transferred from the "performance fiche" to the "restricted fiche" of the OMPF. In this case, copy one will be withdrawn from the iPERMS and destroyed.

2. Restricted Fiche. For those Article 15's directed for filing on the "restricted fiche" of the OMPF, this copy will be filed in the unit personnel files and destroyed at the expiration of 2 years from the date of the punishment or on the service member's transfer, whichever occurs first. [See also DA Pam 600-8; chap 9, for use and preparation of DA Form 4187, Personnel Action.]

3. Service members E-4 and Below. For service members in grades E-4 and below, copy one will be destroyed. [See also DA Pam 600-8; chap 9, for use and preparation of DA Form 4187, Personnel Action.]

D. Copies Two and Three of DA Form 2627

1. Unsuspended Pay and/or Forfeiture of Pay Sentences. Copies two and three for use as substantiating documents will be forwarded to the MilPay and SIDPERS (J1) that services the MPRJ if the punishment includes an unsuspended reduction and/or forfeiture of pay. If the punishment includes an unsuspended forfeiture of pay, the unit will forward to the MilPay that maintains the service member's pay account.

2. Other Punishments. If all punishments affecting pay are suspended by the imposing commander, copies two and three will be retained by the unit where the punishment was imposed and destroyed on expiration of the period of suspension, unless forwarded for supplementary action in accordance with paragraph If the punishment, suspended or unsuspended, does not include reduction or forfeiture of pay, these copies will be destroyed. If a punishment affecting pay is suspended by superior authority acting on an appeal, copy two will be retained by the unit where the punishment was imposed. It will be destroyed when the period of suspension expires unless forwarded for supplementary action in accordance with paragraph if punishment includes only a reduction, copy three will be forwarded to the SIDPERS (J1) servicing the MPRJ. If the punishment includes a reduction and forfeiture or only forfeiture, copy three will be forwarded through the SIDPERS (J1) servicing the MPRJ to the MilPay office maintaining the service member's pay account for use as a substantiating document according to AR 37-104-3.

E. Copy Four of DA Form 2626

1. General. Immediately after imposition of punishment, copy four will be annotated in the left-hand corner of the title block sequentially in the order the Article 15 was given during the calendar year; i.e., 91-1, 91-2, etc. On the Reconciliation Log [See paragraph 4-31], and the appropriate information will be entered in it. Thereafter, copy four will be used according to and below.

2. Cases Involving an Appeal

a. On the date punishment is imposed, if item 7 is not completed or blocks b and c are initialed, and item 7 is signed by the service member and the punishment includes an unsuspended reduction or unsuspended forfeiture of pay, copy four of DA Form 2627 will be marked "APPEAL PENDING" in the right-hand margin.

b. Copy four will be sent to SIDPERS (J1) and to MilPay. On receipt, the local SIDPERS (J1) and the will check that proper action has been taken on unsuspended reductions and forfeitures of pay.

c. Upon receipt SIDPERS (J1)'s receipt of the copies of DA Form 2627 forwarded by the unit copy four will be returned directly to the imposing commander. Copy four will be destroyed after all periods of suspension of punishment affecting pay have expired.

d. If punishments affecting pay are suspended, copy four will not be transmitted to the SIDPERS (J1) and MilPay. It will be destroyed after all periods of suspended punishments affecting pay have expired.

e. If there are no punishments affecting pay, copy four will not be transmitted to the SIDPERS (J1) and MilPay and will be destroyed after the entry is made in the Reconciliation Log.

3. Cases Not Involving an Appeal

a. Where there is no appeal and the punishment imposed includes an unsuspended reduction or unsuspended forfeiture of pay, copy four will not be marked "APPEAL PENDING." If the punishment imposed includes only an unsuspended reduction, copy four will be forwarded with copies two and three to the SIDPERS (J1).

b. If punishments affecting pay are suspended, copy four will not be transmitted to the SIDPERS (J1) and/or MilPay and will be destroyed after all periods of suspended punishments affecting pay have expired.

c. Copy Five of DA Form 2626. Hand deliver to the service member punished.

F. Allied Documents. Allied documents will be transmitted for administrative convenience with the original DA Form 2627 for filing on the restricted fiche of the OMPF [See paragraph 4-34.]

La. Admin. Code tit. 41, § II-429

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2367 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).