RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 16 MARCH 2006
      DOCKET NUMBER:         AR20060001912


      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. James Gunlicks                |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Richard Syre                  |     |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) from his Official Military Personnel File (OMPF).

2.  The applicant states, in effect, that he was accused of using his
government credit card inappropriately six times; however, that was not the
truth.  He goes on to state that it was never proved that he used his card
six times and he desires to have his record cleared and he does not want
his record to contain lies.

3.  The applicant provides a copy of his assignment and temporary duty
(TDY) orders.

CONSIDERATION OF EVIDENCE:

1.  He was commissioned as a United States Army Reserve (USAR) second
lieutenant in the Medical Service Corps on 10 May 85 and was ordered to
active duty on 22 June 1986.  He has remained on active duty and was
promoted to the rank of major on 1 October 1997.

2.  On 8 August 2001, while stationed at Fort Lewis, Washington, an officer
was appointed to conduct an informal investigation under the provisions of
Army Regulation 15-6, regarding allegations that the applicant had written
numerous checks that were returned for insufficient funds, that he had made
improper purchases with his government credit card and that he had
defaulted on loans.

3.  The investigation was completed on 29 August 2001 and the investigating
officer found that the applicant’s wife had written the checks that were
returned for insufficient funds, that he had taken actions to settle his
loans and that he had entered into a financial management plan to get his
finances in order.  The investigating officer also found that the applicant
had improperly used his government credit card on multiple occasions that
were unassociated with authorized official travel.  He recommended that the
applicant be instructed in the proper use of his government travel card and
that his financial management plan be monitored.  He also recommended that
appropriate disciplinary actions be taken by the command in the form of a
GOMOR, to be placed in his personnel file until his retirement.  The
appointing authority concurred with the findings and recommendation on 9
September 2001.

4.  On 4 October 2001, the commanding general issued a GOMOR to the
applicant reprimanding him for the improper use of his government travel
card for unofficial purposes during the period of 8 June 2000 and 19 March
2001.  The applicant acknowledged receipt of the GOMOR on 25 October 2001.

5.  On 30 October 2001, the applicant submitted a memorandum to the
commanding general (CG) in the form of a rebuttal to the GOMOR and offered
matters of extenuation and mitigation.  In his memorandum he apologized for
the issues addressed in the GOMOR.  He also explained that this was the
first instance of his being accused of misusing his credit card since it
was issued in 1996 and that he was having difficulty understanding the
accusation that he had misused his card on eight occasions.  He further
stated that the investigation contained significant factual discrepancies;
however, he promised not to let it happen again and stated that he and his
wife had undergone financial training and counseling and had gained a great
deal from it.  He requested that the CG file the GOMOR in his local file or
that he re-issue it as a verbal reprimand.

6.  The applicant’s chain of command recommended that the GOMOR be filed in
his OMPF and on 21 November 2001, the CG directed that the GOMOR be filed
in the applicant’s OMPF.

7.  On 26 August 2004, the applicant was notified that he had been twice
nonselected for promotion to the rank of Lieutenant Colonel; however, he
had been selected for selective continuation (SELCON) on active duty until
he was eligible for retirement.

8.  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.

9.  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 GOMOR should not
remain a matter of record.

3.  The applicant’s contention that the investigation was inaccurate and
that he was not guilty of the allegations against him have been noted.
However, he has failed to show through the evidence submitted with his
application or the evidence of record that such was the case.

4.  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

___JG __  ___SP  __  ___RS __  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.





                                  _____James Gunlicks_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001912                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060316                                |
|TYPE OF DISCHARGE       |AC Soldier (OFF) on AD                  |
|DATE OF DISCHARGE       |AC Soldier (OFF) on AD                  |
|DISCHARGE AUTHORITY     |AC Soldier (OFF) on AD                  |
|DISCHARGE REASON        |AC Soldier (OFF) on AD                  |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |1020 rem gomor                          |
|1.134.0400              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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