RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2005
      DOCKET NUMBER:  AR20050000158


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard Hassell               |     |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 that the General Officer Memorandum of Reprimand
(GOMOR) be transferred to his restricted fiche of his Official Military
Personnel File (OMPF).

2.  The applicant states that the derogatory data has served its purpose
and he has learned from his past mistake.  The continual presence of this
document is hindering him from becoming the noncommissioned officer (NCO)
he is capable of and prevents the Army from benefiting from his full
potential.

3.  The applicant provides no documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service in the Navy, the applicant enlisted in
the Regular Army on 5 April 1995.  He has continued to serve on active duty
through a series of reenlistments.  He is currently serving on active duty
in the rank of staff sergeant.

2.  On 18 March 2003, the applicant received a GOMOR for operating a
vehicle while intoxicated.  The GOMOR was imposed as an administrative
measure and not as punishment under Article 15 of Uniform Code of Military
Justice.  He was informed that the GOMOR could be filed in his OMPF.  His
company commander recommended that the GOMOR should be filed in his local
file and the battalion and brigade commanders recommended the GOMOR should
be filed in his OMPF.

3.  The applicant acknowledged receipt of the GOMOR on 18 March 2003 and
elected to submit matters in his own behalf.  He stated that he had
committed a crime for the first time in his military career.  He also
stated that he was very ashamed and had let down his chain of command, his
Soldiers, and his family.  He further stated that he was a good NCO and he
knew that actions speak louder than words.  He knew he could maintain the
standards of conduct expected of him in this command.

4.  On 26 March 2003, the applicant accepted nonjudicial punishment under
Article 15, Uniform Code of Military Justice for operating a vehicle while
being under the influence of alcohol.  His punishment consisted of a
forfeiture of $1141 for 2 months, extra duty for 45 days and restriction to
the limits of Smith Barracks for 45 days.

5.  On 8 April 2003, the Assistant Division Commander – Maneuver of the
1st Armored Division in Europe directed that the GOMOR be filed in the
applicant's OMPF.

6.  The GOMOR and allied documents were filed on the performance file of
the applicant's OMPF.

7.  The applicant's Noncommissioned Officer Evaluation Report (NCOER)
covering the period February 2003 through November 2003 shows the rater
marked "Yes" for all the Army values listed in Part IV(a).  The rater
marked "Success" in Part IV(b) (Competence), Part IV(d) (Leadership) and
Part IV(e) (Training).  The rater marked "Excellence" in Part IV(c)
(Physical Fitness and Military Bearing) and Part IV(f) (Responsibility and
Accountability).  The rating official evaluated the applicant's overall
potential for promotion and/or service in positions of greater
responsibility as "Among the Best."

8.  The senior rater (SR) for the NCOER for the period ending November 2003
evaluated the applicant's overall performance as "Successful" and placed an
"X" in Block 1.  The SR provided the comments:  "promote with peers; select
for ANCOC now"; "unlimited potential with an untiring desire for
excellence"; "superior managerial, technical, and tactical skills"; and
"keep with soldiers to mold tomorrow's leaders."  His NCOER for the period
ending in 2004 is not available.

9.  On 15 July 2004, the applicant appealed to the Department of the Army
Suitability Evaluation Board (DASEB) to remove the GOMOR from the OMPF or
transfer to the restricted fiche.  The DASEB denied the applicant's request
on 8 December 2004.

10.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, 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 OMPF 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
(ABCMR), the DASEB, Army Appeals Board, Chief of Appeals and Corrections
Branch of the U.S. Army Human Resources Command, the OMPF custodian when
documents have been improperly filed, Human Resources Command, 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.

11.  Army Regulation 600-37 (Unfavorable Information) prescribes policies
and procedures regarding unfavorable information considered for inclusion
in official personnel files.  Paragraph 3-4 applies to filing of
nonpunitive administrative letters of reprimand 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. Army
Human Resources 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.  Such documents may be appealed on the basis of proof that their
intended purpose has been served and that their transfer will 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
submitted under this provision will normally be returned without action
unless at least one year has elapsed since the imposition of the letter and
at least one evaluation report, other than academic, has been received in
the interim.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received a GOMOR on 18 March 2003 for operating a vehicle
while intoxicated.

2.  The evidence of record shows the GOMOR and allied documents were
properly filed on the performance fiche of the applicant's OMPF in
accordance with applicable regulations.

3.  The applicant's contentions and the NCOER received subsequent to being
issued the GOMOR have been noted.  However, absent other evidence, such as
recommendations from his chain of command, there is insufficient evidence
at this time to show the GOMOR has served its intended purpose.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

PS______  YM______  LH______  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  Paul Smith____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000158                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050830                                |
|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.       |134.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]