RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2007
	DOCKET NUMBER:  AR20060011242 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. William Powers

Chairperson

Mr. Paul Smith

Member

Mr. Jerome Pionk

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 a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) imposed on 11 April 2006 and a General Officer Memorandum of Reprimand (GOMOR), dated 25 April 2006, be removed from his Official Military Personnel File (OMPF). 

2.  The applicant states, in effect, that on 11 April 2006 he received an Article 15 and a GOMOR (dated 26 April 2006) as a result of the Article 15.  He contends that both the Article 15 and the GOMOR contain erroneous statements that he violated Title 18 U.S. Code (USC), section 2423.  He claims that he was never supposed to be charged with this section and that he was given a new and revised GOMOR on 19 July 2006.  He states that since the 26 April 2006 GOMOR and the DA Form 2627 contain errors he would like both documents removed from his record.  

3.  The applicant provides a DA Form 2627, dated 11 April 2006; a GOMOR, dated 25 April 2006; a GOMOR, dated 19 July 2006; his rebuttal to the 26 April 2006 GOMOR, dated 17 May 2006; and two emails.

CONSIDERATION OF EVIDENCE:

1.  At the time he submitted his application, the applicant was serving as a U.S. Army Reserve Major in the Active Guard Reserve.  

2.  A DA Form 2627, dated 11 April 2006, shows that nonjudicial punishment was imposed against the applicant for conspiring with a lieutenant colonel “to commit offenses under the Uniform Code of Military Justice Article 134, to wit: Violations of 18 USC 2423(c), Engaging in Illicit Sexual Conduct in Foreign Places,” being absent without leave, two specifications of leaving his appointed place of duty without authority, ten specifications of larceny (totaling $17,334.65), six specifications of uttering false and fraudulent receipts, seven specifications of presenting false claims, and conduct unbecoming an officer.  His punishment consisted of a forfeiture of $2000 per month for two months and to be reprimanded.  The issuing commander directed that the original DA Form 2627 be filed in the applicant's performance section of his OMPF.

3.  On 25 April 2006, the applicant received a GOMOR for engaging in a pattern and practice of criminal misconduct encompassing conspiracy, fraud, larceny, conduct unbecoming an officer and most disturbing, violation of federal criminal sex laws by traveling to the Philippines to have sexual intercourse with young prostitutes under the auspices of furthering a United States Army Humanitarian and Civic Assistance Mission.  This GOMOR also states, in pertinent part, “to violate 18 [Title 18] USC 2423(c)” in the first paragraph.  The second paragraph of this GOMOR states, in pertinent part, “Also, on several trips, you stayed with your girlfriend in Thailand and submitted forged and fraudulent receipts for a fictitious hotel you named the “Rama 4 Inn,” “You also took stolen blank hotel receipts and filled in exorbitant lodging rates that were not actually incurred.” 

4.  On 17 May 2006, the applicant submitted a rebuttal of the GOMOR and requested that all references and comments related to Title 18 USC section 2423 be removed from the GOMOR.  He claimed that he never had sex with any minors.  He also requested that the following sentences in paragraph two of the GOMOR be modified: “Also, on several trips, you stayed with your girlfriend in Thailand and submitted forged and fraudulent receipts for a fictitious hotel you named the “Rama 4 Inn,” “You also took stolen blank hotel receipts and filled in exorbitant lodging rates that were not actually incurred.” 

5.  On 19 July 2006, the applicant received a revised GOMOR for engaging in a pattern and practice of criminal misconduct encompassing conspiracy, fraud, larceny, conduct unbecoming an officer, and conspiracy to commit federal criminal sex laws by traveling to the Philippines to have sexual intercourse with prostitutes under the auspices of furthering a United States Army Humanitarian and Civic Assistance Mission.  The entry, “to violate 18 USC 2423(c)” in the first paragraph was removed.  The sentences in paragraph two of the GOMOR mentioned in the applicant’s rebuttal were modified to read:  “On several trips, you stayed in Thailand and submitted forged and fraudulent hotel receipts. You also used blank hotel receipts to fill in exorbitant lodging rates that were not actually incurred.”    

6.  A review of the applicant’s performance section of his OMPF on the Personnel Electronic Records Management System revealed a copy of the DA Form 2627 in question.  The restricted section of his OMPF contains the 26 April 2006 GOMOR.  The Military Personnel Records Jacket (MPRJ) section of his OMPF revealed the DA Form 2627 in question.  The 19 July 2006 GOMOR is not contained in the applicant’s OMPF.

7.  On 31 January 2007, the applicant was released from active duty and assigned to the U. S. Army Control Group (Reinforcement).

8.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the OMPF, the MPRJ, the Career Management Individual file, and Army Personnel Qualification Records.  Table 2-1 of the regulation provides, in pertinent part, that a DA Form 2627 will be filed in the performance or restricted section of the OMPF as directed by the issuing commander (item 5 on DA Form 2627).  Table 2-1 also states that administrative letters of reprimand will be filed in the performance section.  

DISCUSSION AND CONCLUSIONS:

The DA Form 2627 imposed on 11 April 2006 and the 26 April 2006 GOMOR were properly filed on the performance section of the applicant’s OMPF.  However, it appears they both contain erroneous information related to Title 18 USC section 2423 as evidenced by the revised 19 July 2006 GOMOR.   Therefore, it would be appropriate to delete charge 1 and its specification in the applicant’s DA Form 2627 imposed on 11 April 2006.  In addition, it would be appropriate to remove the 26 April 2006 GOMOR from the applicant’s OMPF and add the 19 July 2006 GOMOR in the performance section of his OMPF and to his MPRJ.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

WP___  __PS____  __JP____  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:

	a.  deleting charge 1 and its specification, alleging a conspiracy to commit a violation of Article 134, UCMJ, to wit: violations of 18 USC 2423(c);  

	b.  removing the 26 April 2006 GOMOR from the performance section and MPRJ section of his OMPF; and

	c.  adding the 19 July 2006 GOMOR in the performance section of his OMPF and to his MPRJ. 

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 DA Form 2627 imposed on 11 April 2006 from his OMPF. 
  


_William Powers_______
          CHAIRPERSON




INDEX

CASE ID
AR20060011242
SUFFIX

RECON

DATE BOARDED
20070313
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
126.0400
2.
134.0100
3.

4.

5.

6.