RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 November 2007
	DOCKET NUMBER:  AR20070014521 


	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.  


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	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), dated 17 March 1995, be removed from the restricted portion of his Official Military Personnel File (OMPF).

2.  The applicant states that the incident happened on 28 January 1995 and he has learned from his mistake since that time.  He states that his performance as a noncommissioned officer (NCO) is a testament to his potential.  He would like to be a Recruiter in the U.S. Army.  This offense happened over 12 years ago but the GOMOR is still a part of his official record and is subject to review when he is being considered for an assignment.  He strongly believes this appeal will be in the best interest of the Army.  He states that he is capable of performing at a high level and willing to embrace the challenge and exceed the standard.  

3.  The applicant provides a copy of his Enlisted Record Brief; five NCO Evaluation Reports for the periods ending September 2004, August 2005, June 2006, 31 October 2006, and 15 May 2007; his Service School Academic Evaluation Report for the period ending 16 December 2005; and two memoranda from the Office of the Deputy Chief of Staff, G-1, dated 21 July 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of sergeant first class.  

2.  The applicant enlisted in the Regular Army on 20 November 1990 and continued to serve on active duty through a series of reenlistments. 

3.  On 15 February 1995, 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 the Uniform Code of Military Justice.  He was informed that the GOMOR could be filed permanently in his OMPF.  

4.  The applicant acknowledged receipt of the GOMOR.  He indicated that he understood the unfavorable information presented against him and elected to submit statements in his behalf.  He stated, in effect, that he did not clearly understand the form he had to sign regarding the breatherlizer test.  He alleged that the MP [Military Police] did not provide enough information to him.  He acknowledged that he made a mistake and asked for a second chance.  He also stated that he had been a good Soldier before this incident and had been a motivated worker.  During his four years in the Army, he was awarded the Army Commendation Medal, two Army Achievement Medals, the Good Conduct Medal, and two Certificates of Achievement.  He also stated he would like the opportunity to reenlist in the U.S. Army.

5.  On 17 March 1995, the general officer directed the GOMOR be filed in the applicant's OMPF and his Military Personnel Records Jacket (MPRJ).  

6.  On 3 June 2004, the applicant appealed to the Department of the Army Suitability Evaluation Board (DASEB) for removal or transfer of the GOMOR to the restricted portion of his OMPF.  

7.  In a 21 July 2004 memorandum, the DASEB voted to transfer the GOMOR, dated 17 March 1995, from the performance to the restricted portion of the applicant's OMPF based on the intended purpose having been served.  This memorandum indicated that this action was not to be considered retroactive, nor did it constitute a basis for a referral to a Special Selection Board for a previous non-selection.

8.  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; the 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; Commander, U.S. Army Human Resources Command (HRC); Chief of the Appeals Branch of the U.S. Army HRC – St. Louis; and Chief of the Appeals Branch of the National Guard Personnel Center.

9.  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 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant received a GOMOR on 15 February 1995 for operating a vehicle while intoxicated.  The GOMOR was filed on the performance fiche of the applicant's OMPF.

2.  The applicant appealed to the DASEB in June 2004 to transfer or remove the GOMOR.  The DASEB voted to transfer the GOMOR to the restricted portion of the applicant's OMPF based on the intended purpose having been served.

3.  The applicant's contentions and NCOERs received subsequent to being issued the GOMOR have been noted.  However, there is no evidence of record which shows that the GOMOR was filed in error.  Therefore, its continued filing in the restricted portion of his fiche is appropriate.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x_____  xx______x______  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.




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          CHAIRPERSON


INDEX

CASE ID
AR20070014521
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071129
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
126.0400
2.

3.

4.

5.

6.