RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            21 October 2004
      DOCKET NUMBER:   AR2004101490


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, removal of a general officer
memorandum of reprimand (GOMOR) from his Official Military Personnel File
(OMPF).

2.  The applicant states, in effect, that the GOMOR has served its intended
purpose of him being removed from active duty service.  He claims he is
presently in the zone for promotion to major in the United States Army
Reserve (USAR) and this GOMOR could prevent his promotion.  He states that
following his release from active duty (REFRAD), he entered the USAR and
his career has turned around.

3.  The applicant provides copies of the following documents in support of
his application:  Officer Evaluation Reports (OERs) as a captain,
Separation Document (DD Form 214), GOMOR Packet and Department of the Army
Suitability Evaluation Board (DASEB) Appeal Packet.

CONSIDERATION OF EVIDENCE:

1.  The applicant was serving as a captain in a USAR Troop Program Unit
(TPU) as of the date of his application to the Board.

2.  The applicant’s record shows he was appointed a second lieutenant in
the USAR on 12 July 1993.  On 1 August 1993, he entered active duty in a
commissioned officer status.

3.  On 31 May 1996, while serving as a first lieutenant at Fort Hood,
Texas, the applicant received a GOMOR, for having intimate relationships
with at least two female enlisted soldiers assigned to his battalion.

4.  On 7 June 1996, the applicant responded to the GOMOR.  In his response,
he commented that he apologized to his chain of command and stated that he
realized that by his dating an enlisted soldier, he took the risk of
adversely affecting the discipline, authority and overall morale of any
military organization.  He stated that he learned from his mistake and
requested that the GOMOR be filed locally.
5.  On 25 July 1996, the general officer that issued the GOMOR after
reviewing all the submitted material, directed the GOMOR be filed in the
applicant’s OMPF.

6.  On 1 July 1997, the applicant was honorably released from active duty
and transferred to the USAR.  The DD Form 214 he was issued confirms he was
separated under the provisions of paragraph 2-6, Army Regulation 600-8-24,
for miscellaneous/general reasons.

7.  The applicant appealed the GOMOR to the DASEB and on 17 September 1997,
the DASEB after careful consideration voted to deny the applicant’s request
that the GOMOR be removed from his OMPF, or in the alternative be
transferred to the restricted (R-Fiche) portion of the OMPF.

8.  The applicant provides eight OERs he received in the USAR as a captain
between 1997 and 2003.  These reports are very favorable and two of the
eight contain above center of mass senior rater evaluations.

9.  Army Regulation 600-37 (Unfavorable Information) sets forth policies
and procedures to authorize placement of unfavorable information about Army
members in individual official personnel files, ensure that unfavorable
information that is unsubstantiated, irrelevant, untimely, or incomplete is
not filed in individual official personnel files and ensure that the best
interests of both the Army and the soldiers are served by authorizing
unfavorable information to be placed in and, when appropriate, removed from
official personnel files.

10.  Chapter 7 of the same regulation provides the policies and procedures
for appeals and petitions for removal of unfavorable information from the
OMPF.  Paragraph 7-2 states that once an official document has been
properly filed in the OMPF, it is presumed to be administratively correct
and to have been filed pursuant to an objective decision by competent
authority. Thereafter, the burden of proof rests with the individual
concerned to provide evidence of a clear and convincing nature that the
document is untrue or unjust, in whole or in part, thereby warranting its
alteration or removal from the OMPF.
11.  Paragraph 7-2b of the unfavorable information regulation contains
guidance on transfers of OMPF entries.  It states, in pertinent part, that
letters of reprimand, admonition, or censure may be appealed on the basis
of proof that their intended purpose has been served and that their
transfer would be in the best interest of the Army.  The burden of proof
rests with the recipient to provide substantial evidence that these
conditions have been met.  Appeals approved under this provision will
result in transfer of the document from the performance portion (P-Fiche)
to the R-Fiche of the OMPF

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows the GOMOR was issued and filed in
the OMPF in accordance with the governing law and regulation.  By
regulation, in order to remove this document from the OMPF, there must be
clear and convincing evidence showing that the document is untrue or
unjust.  No such evidence has been provided in this case.

2.  However, the regulation does authorize the transfer of a GOMOR when it
can be determined that the document has served its intended purpose.  The
evidence of record in this case shows the applicant accepted responsibility
for his actions and has positively responded to the reprimand, as evidenced
by his continued outstanding service in the USAR.  Therefore, given the
passage of time and the applicant’s continued value to the Army, it is
concluded that the GOMOR in question has served its purpose.  As a result,
it would appropriate to transfer it to the R-Fiche portion of the OMPF at
this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_JEA ___  __DJ____  __RJW__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by transferring the General Officer Memorandum of
Reprimand and all related documents from the performance portion (P-Fiche)
to the restricted portion
(R-Fiche) of his Official Military Personnel File based on it having served
its intended purpose.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
removal of the General Officer Memorandum of Reprimand from the Official
Military Personnel File.




            __JAMES E. ANDERHOLM__
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004101490                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/10/DD                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |126.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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