| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Harry B. Oberg | Member | |
| Mr. Ronald J. Weaver | Member |
APPLICANT REQUESTS: That the General Officer Memorandum of Reprimand (GOMOR) he received in 1996 (but date stamped 9 August 1994) be expunged from his records.
APPLICANT STATES: That the continual presence of the GOMOR in his records is hindering his career. It will keep him from becoming the noncommissioned officer (NCO) he is capable of becoming and thus prevents the Army from benefiting from his full potential. He accepts responsibility for his actions and has learned from it. He has been sober since 3 June 1996. He provides three letters -- from his wife (dated 8 November 2002), from Susan S___ (dated 12 November 2002) from the Vicenza, Italy, Alcohol Substance Abuse Program, and from Sergeant First Class L___ (undated) -- as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 28 December 1994.
On or about 9 August 1996, while a Private First Class, E-3, the applicant was given a GOMOR for driving while intoxicated with a blood alcohol content of .27 mg/ml. He submitted an appeal to the GOMOR, requesting that it be filed in his local records. He acknowledged that he had a drinking problem and was in fact an alcoholic. He stated that he had not had a drink since the incident on 3 June 1996. He stated he was participating in the Alcohol and Drug Abuse Prevention and Control Program and was attending Alcoholic Anonymous meetings. It was his intention to be a career soldier.
On 13 September 1996, the commanding general directed the GOMOR be permanently filed in the applicant's Official Military Personnel File (OMPF).
The applicant was promoted to Staff Sergeant, E-6 on 1 April 2001.
On 18 December 2002, the Department of the Army Suitability Evaluation Board (DASEB) approved the transfer of the applicant's GOMOR from the performance portion of his OMPF to the restricted portion based upon intent served.
Army Regulation 600-8-104 (Military Personnel Information Management/Records) states, in pertinent part, that disciplinary information filed on the restricted portion of the OMPF will be provided to the Command Sergeant Major (CSM)/sergeant major (SGM), SGM Academy selection, and CSM/SGM retention boards to ensure the best qualified soldiers are selected for these positions of highest trust.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board accepts the applicant’s argument that the intended purpose of the GOMOR has been served. It is noted that he has successfully overcome the GOMOR to the point of being promoted to Staff Sergeant, E-6. The DASEB recognized this when it voted in December 2002 to transfer the GOMOR to the restricted portion of his OMPF.
2. However, Army Regulation 600-8-104 provides a valid reason for retention of disciplinary information on the restricted fiche -- when the time comes for the applicant to be considered for selection to positions associated with grade E-9, his disciplinary history must be provided to the selection board(s) to ensure a fair comparison is made between all eligible soldiers.
3. The restricted portion of the applicant's OMPF would not normally be provided to an E-7 or E-8 selection board and so should not affect his chances for his next two promotions. He provides no evidence to show that the GOMOR has hindered his career in any other way thus far.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
__wtm___ __hbo__ __rjw ___ GRANT
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003084425 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030417 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 134.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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