MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 June 2003
         DOCKET NUMBER: AR2003086764

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

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Lester Echols		Member
Mr. Lawrence Foster		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That the General Officer Memorandum of Reprimand (GOMOR) be removed from his Official Military Personnel File (OMPF).

APPLICANT STATES: That the GOMOR is recorded in his Performance and Restricted Fiche. He states that he received a GOMOR for an alcohol related incident on 3 July 2001. He acknowledges that he made a terrible mistake in judgment and takes full responsibility for this costly error. He claims that this incident has not caused his performance to "slide" in any fashion as shown in his evaluation reports. The applicant claims that he has been a community leader and leader of soldiers for 8 years and would make a great senior noncommissioned officer (NCO) in the Army. He claims that he has been 100% dedicated to his peers, subordinates and superiors and feels that the Army would benefit greatly from his experience and dedication at all levels of the Army. In support of his application, the applicant submitted a supplemental letter, a character reference and a disposed citation from Cumberland County.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted into the Regular Army on 18 September 1991. He has continued to serve on active duty through a series of reenlistments and is currently assigned to Fort Bragg, North Carolina, in the rank of staff sergeant.

On 21 July 1997, the applicant was punished under Article 15, Uniform Code of Military Justice (UCMJ) for being disrespectful in deportment toward a superior NCO; for driving a vehicle in a reckless manner; for being incapacitated for the performance of his duties as a result of wrongful previous overindulgence in intoxicating liquor; and for drinking alcohol with a subordinate. His punishment consisted of reduction to specialist, forfeiture of $500.00 pay per month for 2 months, and extra duty for 45 days. The restriction for 45 days was suspended, to be automatically remitted if not vacated before 20 October 1997.

Records show that the applicant received a GOMOR on 14 September 2001 for being arrested by the Fayetteville Police Department, North Carolina, for driving while impaired by alcohol. The GOMOR was imposed as an administrative measure and not as punishment under Article 15, UCMJ. The general officer stated that it was his intent to direct the filing of this letter in the applicant's OMPF. The GOMOR was referred to the applicant for acknowledgement and rebuttal comments.

The applicant acknowledged receipt of the GOMOR on 2 October 2001 and elected not to submit statements in his own behalf.

On 29 October 2001, the commanding general of the U.S. Army Special Forces Command (Airborne) at Fort Bragg, North Carolina, directed that the GOMOR be filed in the applicant's OMPF.

Records show that the applicant's GOMOR was filed on his Performance Fiche. The allied documents to the GOMOR were filed on the applicant's Restricted Fiche.

The applicant's GOMOR was not filed on his Restricted Fiche; however, a document entitled, "ALLIED DOCUMENTS" indicates that he received a Letter of Reprimand, dated 30 October 2001.

There is no evidence of record which shows that the applicant petitioned the DA Suitability Evaluation Board for removal of the GOMOR.

Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by: the Army Board for Correction of Military Records, the Department of the Army Suitability Evaluation Board, Army appeals board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, the Official Military Personnel File custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center and Chief of the Appeals Branch of the National Guard Personnel Center.

Army Regulation 600-37 (Unfavorable Information) prescribes policies and procedures regarding unfavorable information considered for inclusion in official personnel files. Chapter 3 covers unfavorable information in official personnel files. Paragraph 3-4 applies to filing of nonpunitive administrative letter of reprimands or censure in official personnel files. Paragraph 3-4(b) states that a letter, regardless of the issuing authority may be filed in the OMPF maintained by the U.S. Total Army Personnel Command, the Army Reserve Personnel Command, or the proper State Adjutant General (for Army National Guard Personnel) only upon the order of a general officer (to include one frocked to the rank of brigadier general) senior to the recipient by direction of an officer having general court-martial jurisdiction over the individual. Letters filed in the OMPF will be filed on the performance portion (P-fiche). The direction for filing in the OMPF will be contained in an endorsement or addendum to the letter.

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 applicant received a GOMOR on 14 September 2001 for being arrested by the Fayetteville Police Department, North Carolina, for driving while impaired by alcohol.

2. The Board considered the applicant's contention that the GOMOR is filed in his Performance and Restricted Fiche.

3. However, the evidence of record shows that the GOMOR was properly filed on the Performance Fiche of the applicant's OMPF and all the related documents were filed on the Restricted Fiche in accordance with applicable regulations.

4. There is no evidence which shows that the GOMOR was filed in error or was unjust. Therefore, the Board has determined that there is no compelling evidence to support removal of the applicant’s GOMOR. Therefore, his GOMOR, will not be expunged.

5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

6. 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:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

WTM____ LE______ LF_____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2003086764
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030626
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	134.0400
2.
3.
4.
5.
6.