RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 April 2007
      DOCKET NUMBER:  AR20070004883


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


      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Ernestine R. Fields           |     |Member               |

      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, reconsideration of his request for
promotion reconsideration to Major (MAJ) by a Special Selection Board (SSB)
under the criteria used by each Department of the Army (DA) MAJ Promotion
Selection Board convened for each promotion year since 2003.

2.  The applicant states, in effect, he is requesting that the effective
date of the transfer of the General Officer Memorandum of Reprimand (GOMOR)
from the performance portion to the restricted portion of his Official
Military Personnel File (OMPF) be changed from 5 December 2006, the date of
the ABCMR's recommendation to 16 August 2003, a year from when it was
issued, in order for him to be reconsidered for promotion to MAJ by a SSB
for the promotion years since 2003.  The applicant further states that
although he is grateful for the relief provided by the ABCMR, he remains
well behind his peers and has been notified of a mandatory retirement date,
which is scheduled for 31 May 2008.

3.  The applicant provides a self-authored statement and three third-party
statements from members of his chain of command in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20060003005 on 7 November 2006 and in a Supplemental Record of
Proceedings on 5 December 2006.

2.  During its original review of the case, the Board concluded the GOMOR
in question had served its purpose and recommended it be transferred to the
restricted portion of the applicant's OMPF.  In a Supplemental Proceedings,
the Board concluded there was no basis to grant the applicant's request for
promotion to MAJ.  However, the Board did not address promotion
reconsideration by a SSB.

3.  The applicant provides a self-authored statement as new evidence.  In
it, he argues that by regulation, appeals for removal or transfer of a
GOMOR will normally be returned without action unless at least 1 year has
elapsed since imposition of the GOMOR and at least one evaluation has been
received in the interim, which in effect means a petition for relief can be
made after 1 year.

4.  The applicant also states that he believes that had he been properly
advised of the 1 year appeal timeframe, he would have submitted his appeal
and it likely would have been approved because the commanders who were
involved in imposing the GOMOR were in favor of its transfer to the
restricted portion of his OMPF.  He also indicates that an Officer
Evaluation Report (OER) rendered on him while he was serving as the
Assistant Division Aviation Officer of the
3rd Infantry Division, for the period 2 August 2002 through 21 April 2003,
which included the period during which the GOMOR was issued, contained a
Rater evaluation of "Outstanding and Must Promote" and a Senior Rater
evaluation of "Among the Best Qualified."  He further indicates that all of
his subsequent OERs are just as praiseworthy for his performance of duty as
a Company Commander and Platoon Leader in the Army's only Special
Operations Aviation Regiment, and his raters and senior raters continue to
recommend his immediate promotion to MAJ.

5.  On 15 August 2002, the Commanding General, 3rd Infantry Division,
Fort Stewart, Georgia, issued the applicant a GOMOR for driving under the
influence of alcohol and speeding on 3 August 2002, and the GOMOR was
ultimately filed in the performance portion of the applicant's OMPF.

6.  On 28 April 2003, the applicant received a change of rater OER that
evaluated him as the Assistant Division Aviation Officer of the 3rd
Infantry Division.  This report covered the period 2 August 2002 through 21
April 2003, which included the period during which the GOMOR was issued.
The rater on this report placed the applicant in the first block
(Outstanding Performance-Must Promote) and provided very favorable and
complimentary supporting comments, which included a recommendation that the
applicant be selected for promotion to MAJ.  The Senor Rater on the report
placed the applicant in the first block (Best Qualified) and provided very
favorable supporting comments, which also included the statement "he is a
must select for Major."

7.  The applicant's record also contains three additional OERs ending on
31 December 2004, 31 December 2005, and 6 June 2006.  These reports
evaluated the applicant as a platoon leader in the 160th Special Operations
Aviation Regiment, the Army's only Special Operations Aviation Regiment.
In all these reports, the Rater placed the applicant in the first block
(Outstanding Performer-Must Promote) and the Senior Rater placed him in the
first block
(Best Qualified).  In all these reports, the rating officials also
recommended the applicant's promotion to MAJ at the earliest opportunity or
immediately, and provided highly complimentary supporting comments.

8.  On 1 October 2005, the applicant was awarded the Air Medal for his
exceptionally meritorious achievement during aerial flight as a MH-60L
Pilot for a Joint Task Force in support of Operations Iraqi Freedom during
the period
1 through 31 October 2005.  The certificate reads that during this period,
the applicant served in some of the harshest flying conditions in the
World, and his efforts directly supported American strategic objectives and
the stability of the new Iraqi Government.

9.  The applicant provides supporting memorandums from his battalion
commanders (3rd Battalion, 160th Special Operations Aviation Regiment),
lieutenant colonels, dated 31 May 2005 and 26 January 2007 respectively,
and his brigade commander (160th Special Operations Aviation Regiment), a
colonel.  In the 31 May 2005 statement, his battalion commander states that
since his arrival in the unit, the applicant has performed at the field
grade level in combat as his Assault and DAP Flight Detachment Commander.
He further indicates that the applicant has indisputably maintained his
focus and commitment to being a first rate officer and continues to set the
example as a consummate professional both on and off duty. He states the
applicant has deployed to Iraq and conducted numerous direct action
missions in support of joint/combined special operation forces to include
the first US/Iraqi Air Assault against enemy forces in history.  He states
that the applicant's work ethic and character is one that is without
question the highest regard toward duty, honor, and country.  He also
claims the applicant's experience in the enlisted and warrant officer ranks
has given him the depth few officers of his grade have and has earned him
the respect and admiration of his Soldiers.  He further states the
applicant's evaluations since joining the team have been nothing less than
outstanding.  He claims the applicant is the epitome of what every
battalion commander wants in an officer, and has unlimited potential and is
working at the field grade level now.

10.  In the 26 January 2007 statement, his battalion commander states he
routinely relied on the applicant's judgment and experience to perform
duties as an operational pilot and air mission commander, leading and
executing complex Special Operations Aviation (SOA) missions in Iraq.  He
states the applicant is intelligent, reliable, and knows how to get the
mission accomplished.  He further states the applicant has been performing
at the MAJ level for some time and has been invaluable to the unit, which
is fully engaged in the Global War on Terror.

11.  The applicant's brigade commander states that the applicant has
demonstrated his maturity and unparalleled competence as an officer and
leader while serving in the regiment.  He claims that the applicant
continues to demonstrate the competence, maturity, and sound judgment
required to be a leader in the Regiment and whose actions reflect those of
a field grade officer.
12.  The brigade commander further states the applicant has not let the
past affect his outlook on his future and maintains a dedicated and
unfettered warrior ethos today.  He indicates that the applicant's future
in the Army and in the Special Operations community is unlimited and his
performance even with his momentary lapse in judgment is a testament to the
mettle and character of this fine officer.

13.  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.

14.  Chapter 7 contains guidance on appeals and petitions.  It states, in
pertinent part, that letters of reprimand may be the subject of an appeal
for transfer to the restricted portion of the OMPF.  These documents 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.  Appeals
will normally be returned without action unless at least 1 year has elapsed
since 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's request for reconsideration has been carefully
considered and found to have merit.  The evidence of record clearly shows
the incident for which the GOMOR was issued was an aberration resulting
from an isolated lapse in judgment on the part of the applicant.  By
regulation, in effect, appeals related to a GOMOR can be approved based on
proof that they have served their intended purpose and that the transfer
would be in the best interest of the Army 1 year after they are imposed.
Given the applicant's evaluation history since he received the GOMOR has
been outstanding and based on his valorous combat service and demonstrated
warrior ethos, as attested to by both his battalion and brigade commanders,
it would surely serve the best interest of the Army to grant the requested
relief in this case, which might assure the Army of the applicant's
continued invaluable service.

2.  In view of the facts of this case, it would be appropriate to correct
the applicant's record to show the GOMOR in question was transferred to the
restricted portion of his OMPF on 16 August 2003.
3.  It would also serve the interest of equity to have the applicant's
record placed before a SSB for promotion reconsideration to MAJ under the
criteria of all DA MAJ Promotion Selection Board convened since that date.
Further, if he is selected, his promotion effective date and date of rank
should be assigned as if he had been originally selected under the earlier
criteria identified by the SSB, and he should be provided all back pay and
allowances due as a result.

BOARD VOTE:

___KLW_  __LMD __  __ERF__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant amendment of the ABCMR’s decision in Docket Number AR20060003005,
dated 7 November 2006.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing the GOMOR in question was transferred to the restricted portion of
his OMPF on 16 August 2003; and by submitting his corrected record to a
duly constituted Special Selection Board for promotion consideration to
Major under the criteria followed by all promotion selection boards that
considered his record for promotion to major on or after 16 August 2003.

2.  If he is selected for promotion by the Special Selection Board, his
record should be corrected by establishing his Major promotion effective
date and date of rank as if he had been originally selected under the
earlier criteria identified by the Special Selection Board, and by
providing him all back pay and allowances due as a result.  If he is not
selected for promotion by the Special Selection Board, he should be so
notified by the appropriate Human Resources Command promotion officials.




                                  _____Kenneth L. Wright____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070004883                           |
|SUFFIX                  |                                        |
|RECON                   |AR20060003005 2006/11/07                |
|DATE BOARDED            |2007/04/17                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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