If a Soldier (NCO) is given a field grade article 15, but is found not guilty on all counts, are the proceedings filed in their record?

SFC (Join to see) I had two Article 15's. The first was as a PV2 in 1975 which was recorded in my open records. The second one was from a MG while I was a 2LT. That one was placed in my restricted records which are restricted for many situations but not all.
As a company commander I administered article 15 proceedings in the 1980's.
As you will note, even though I had two Article 15's I was promoted to Captain. I received a bad OER from the BG who was aware of my 2nd Article 15 - the bad OER was not directly related to the Article 15.
I am stating this because the most important aspect towards promotion is the NCOs' record of performance of duty especially periodic evaluations and recommendations from his/her leaders.
The critical thing is that whoever is rating this NCO for the period when the Article 15 proceeding occurred should not consider the Article 15 in his/her efficiency/evaluation review [NCOER if that is still a valid term]. If anything about that incident is included in the NCOER the NCO should challenge the NCOER.
I was passed over many times for promotion. It took recommendations from three Flag Officers for the promotion board to select me for LTC a month before mandatory separation. That promotion enabled me to be in to support the war efforts after 9-11-2001.

Update on this situation: after much research and debate, it was determined that the ART 15 would be shredded and would go nowhere. A little background on this case- the original complaint was brought due to a positive urinalysis. It was investigated and found to be purely accidental ingestion of on of the SM's family members meds (very low dosage, non opioid). What we did do for the SM was to write a MOR for his records from the commander, to have in case it was ever brought up by a future chain of command after a review of ASAP records. Thanks for all who had input.

No, the record would not be filed. If an Article 15 results in a finding of not guilty the DA Form 2627 is required to be destroyed. See AR 27-10, paragraph 3–18(k).

http://www.armystudyguide.com/content/army_board_study_guide_topics/military_justice/about-article-15.shtml

On the USMC side, it was an administrative action, so it was "recorded" but non-punitive, so in essence, just something that occurred. Just like a p11 entry (which could be positive, negative, or neutral), but on your p12.

Based on the site provided the Commander has the option of deciding how it is recorded though, as it is Field Grade. He can choose to make it permanent, or treat it like Summarized (disappears after two years or PCS/PSA). Either way, as it is a "neutral" entry, it should have no bearing on boards, however "should" and "will" are two different things.

I am a JAG and have only ever experienced a Commander finding a Soldier entirely "Not Guilty" at Article 15 one time. When that happened, we made a copy for the files in our office (which we typically kept at that time for two years) and the Commander made a copy to keep for his personal records, and that was that. Nothing ever left the Company.

The Article 15 itself will go away if the investigation found the charges without merit. The Commander should make a finding and that should be the end of it. A centralized board would never see it.
I think the risk is by second order effect.
The Soldier's reputation will suffer as a result of this incident.
Reputation issues affect things like evaluation reports, recommendations for award, and other positive actions.
It isn't fair, especially if the NCO didn't do the deed. I note the difference between "not guilty" and "innocent".
The best thing the NCO can do is go out and perform his duties admirably. He needs to overcome this business by proving that he is a quality professional.

If the Art 15 is unfounded or the soldier is not found guilty of the charges the Art 15 should not be in their service record. Not sure of the form to fill out, but there is one and once it is filled and submitted the Art 15 is supposed to be pulled.

The problem the soldier would face is the issue with the Black Chevron Mafia and their ability to spread rumors all over the world.

An NCO's GUILTY proceedings may be filed in either the restricted or performance OMPF records. I have never heard of not-guilty being uploaded, not guilty Court Martial Orders can be placed in the restricted folder.

AR 600-37 "Unfavorable Information" 3-3a. lists Records of courts-martial, CM orders, and nonjudicial punishment can be placed in your record. (from that sentence it seems the imposing commander may choose to record the proceedings) The regulation says records and doesn't mention anything about validated or guilty. Seems to be that a commander could place the non-guilty proceedings into your OMPF. I hope someone can show that I am wrong as this is weird and probably unintended.

There may be EO policy requiring placing the evidence in the restricted portion if you were charged of sexual misconduct, or similar infraction and there wasn't enough evidence. (this statement is barracks lawyer)

SFC Pelley,
I was a Personnel Records Sergeant from 81-90 with my last assignment was at USARPERCEN, when it was in St Louis. Now, the Regs have changed since 90, but I can offer you whatI remember and where you can look up the appropriate regulation to confirm or learn.
When an Article 15 has been adjudicated, yes it goes into your personnel file. The key to that is the findings of that article 15. The findings determine how long it stays in your file. Please see the link I have provided so you can see for yourself how long a “Not Guilty” finding stays in your record.
Furthermore, if your chain of command and promotion boards do not take the time to fully research a potential NCO promotions then the system has deteriorated severely since I got out. CPB, if that document is still in your file when reviewed, will see the NG and immediately refer to your last 3 NCOERs ( or they should). NCOERs always confirm the promotion potential of an NCO.
I hope this helps you Sarge, and God Speed!!

https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r600_8_104.pdf

I would think an Art 15 offered then Commander finds the Sm not guilty of the offenses would be the same as charged in a court of law and found not guilty. Might even be as simple as destroying all the paperwork. But there is a time limit as to how long art 15 papers stay in file and they must be remove at the end of that period.