RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                              18 OCTOBER 2005
      DOCKET NUMBER:              AR20050005962


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Kenneth Lapin                 |     |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 the removal of a general officer memorandum of
reprimand (GOMOR) dated 29 July 2004 from his Official Military Personnel
File (OMPF).

2.  The applicant states that the GOMOR is inaccurate and was based on
erroneous findings.  Accordingly, it should be removed from his OMPF.

3.  The applicant provides a copy of the GOMOR, a copy of the initial
police report, a copy of a certified letter from his former wife, three
character references, copies of his officer record brief and evaluation
reports, copies of his awards, education accomplishments and a letter
congratulating him on his promotion to the rank of major.

CONSIDERATION OF EVIDENCE:

1.  He was commissioned as a United States Army Reserve second lieutenant
on 14 May 1994, upon completion of the Reserve Officer Training Corps as a
distinguished military graduate.  He was ordered to active duty on 14 June
1994 as an aviation branch officer.  He continued to serve in a voluntary
indefinite status and was promoted to the rank of captain on 1 June 1998.

2.  On 12 June 2004, at 12:30 PM, while the applicant was stationed at Fort
Rucker, Alabama, a police report was initiated by civil authorities of the
Elmore County Sheriff’s Department which indicates that the applicant
assaulted his wife while they were on a lake boating.  Her injuries
required her to be transported to a local hospital for treatment and the
initial report from the hospital indicated that she had a broken nose,
broken rib and other minor injuries.  The applicant’s wife (victim) signed
the report affirming that the information was correct to the best of her
knowledge.  The applicant had fled the scene of the assault.

3.  A Military Police Desk Blotter prepared on the same date indicates that
civil authorities had notified military authorities that the applicant was
being sought (warrant issued) for charges of domestic violence (3rd
degree).  The applicant was subsequently apprehended, arrested and
transported to Elmore County Jail awaiting processing on 14 June 2004.  His
bail was set at $3,000.00 and he was ordered to appear in district court on
17 August 2004 on charges of domestic violence – 2nd degree assault.  The
outcome of that case is not present in the available records.

4.  On 29 July 2004, the applicant received a GOMOR officially reprimanding
him for assaulting his wife and conduct unbecoming of an officer and a
gentleman.  The reprimand indicates that the applicant struck his wife in
the head, face and various other body locations with a closed fist,
resulting in a broken nose and ribs.  The applicant was afforded the
opportunity to submit matters in his own behalf before the imposing
authority made a decision as to where the GOMOR would be filed.

5.  On 4 August 2004, the applicant acknowledged receipt of the GOMOR and
declined to submit matters in his own behalf.  However, on 5 August 2004,
he submitted a rebuttal to the imposing authority requesting that the GOMOR
be filed in his local file.  He went on to state that he would never
recover from the emotional terror that occurred on the night of 11 June
2004 and the sorrow he felt for his wife.  He went on to state that he
immediately sought help by enrolling in the Army Substance Abuse Program
and attending a 6-week anger management course.  He went on to state that
the past 2 months had been the greatest challenge of his life as he was
going through a divorce and was being faced with tremendous financial
hardships from attorney fees and divorce settlement demands.  He requested
that the imposing authority not file the GOMOR in his OMPF.

6.  The applicant’s chain of command recommended that the GOMOR be filed in
his OMPF.  Accordingly, the imposing authority (a brigadier general)
directed that the GOMOR be filed in the applicant’s OMPF on 2 September
2004.

7.  Meanwhile, on 25 August 2004, the applicant received a letter from the
deputy commanding general congratulating him for his promotion to the rank
of major.  However, there is no indication in the available records to show
that he was promoted.  Additionally, the documents submitted by the
applicant indicate that he had to appear before a show-cause board.
However, it appears that he submitted a request for resignation in lieu of
elimination based on misconduct, moral or professional dereliction and his
request for conditional resignation was not accepted by the Deputy
Assistant Secretary (Army Review Boards) on 6 December 2004.  The case was
returned to the applicant’s commanding general for action he deemed
appropriate.

8.  A review of the available records shows no additional derogatory
information and his evaluation reports are all center of mass or above.  He
remains at Fort Rucker awaiting resolution of the issue of his promotion to
major.

9.  The undated statement from the applicant’s former wife, the victim of
the assault, indicates that she did not receive injuries resulting in a
broken nose or broken ribs that are reflected on his GOMOR and the
elimination action.

10.  There is no evidence in the available records to show that he has
applied to the Department of the Army Suitability Evaluation Board (DASEB)
to have the GOMOR transferred to the restricted fiche of his OMPF.

11.  Army Regulation 600-37 serves as the authority for filing of
unfavorable information in the OMPF.  It states, in pertinent part, that a
nonpunitive MOR or admonition will be filed in the OMPF only when directed
by a general officer or the officer having general court-martial
jurisdiction over the recipient.

12.  Army Regulation 27-10 provides policies and procedures pertaining to
the administration of military justice within the Army. It states, in
pertinent part, that nonjudicial punishment is imposed to correct
misconduct in violation of the UCMJ.  Such conduct may result from
intentional disregard of or failure to comply with prescribed standards of
military conduct.  Nonpunitive measures usually deal with misconduct
resulting from simple neglect, forgetfulness, laziness, inattention to
instructions, sloppy habits, immaturity, difficulty adjusting to military
life, and similar deficiencies.  These measures are primarily tools for
teaching proper standards of conduct and performance and do not constitute
punishment. Included among nonpunitive measures are administrative
reprimands and admonitions and they must contain the statement indicating
that they are imposed as an administrative measure and not as punishment
under the UCMJ.

DISCUSSION AND CONCLUSIONS:

1.  The GOMOR was properly imposed in compliance with applicable
regulations and is properly filed in the applicant’s OMPF.

2.  The Army has an interest in maintaining certain records and, the
applicant has failed to provide evidence to show why the LOR should not
remain a matter of record.

3.  Notwithstanding the statement from his former wife attesting that she
did not have a broken nose and ribs, she affirmed the information contained
on the report at the time the initial police report was prepared on 12 June
2004.  Additionally, the applicant did not receive his GOMOR until 29 July
2004 and the GOMOR was prepared based on the information that was made
available to the chain of command at the time.  In his rebuttal of 5 August
2004, he made no references to the actual extent of the injuries sustained
by his wife.  He essentially admitted to the assault during his rebuttal
and made no attempt to correct any discrepancies in the content of the
GOMOR before a final determination of filing was decided.

4.  While it may be true that the extent of the injuries he inflicted on
his wife at the time were misdiagnosed, to delete the words “resulting in a
broken nose and ribs” contained in paragraph 2 of the GOMOR would not make
the GOMOR any less serious.  He was reprimanded for assaulting his wife and
conduct unbecoming an officer and the fact that he did not break his wife’s
nose and ribs does not serve to invalidate the GOMOR or to validate his
conduct.

5.  Therefore, lacking evidence to show that the applicant did not assault
his wife, there appears to be no basis to either alter the GOMOR or to
remove it from his records.

6.  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 the aforementioned requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JS___  ___LS  __  ___KL __  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.


            ______John Slone_________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050005962                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |N/A AD (AC) Soldier                     |
|DATE OF DISCHARGE       |N/A AD (AC) Soldier                     |
|DISCHARGE AUTHORITY     |N/A AD (AC) Soldier                     |
|DISCHARGE REASON        |N/A AD (AC) Soldier                     |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |N/A AD (AC) Soldier                     |
|ISSUES                  |1020/ rem gomor                         |
|1.134.0400              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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