RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 January 2008
DOCKET NUMBER: AR20070016950
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Hubert O. Fry, Jr.
Chairperson
Mr. John T. Meixell
Member
Mr. Rowland C. Heflin
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, in effect, that all correspondence related to his receiving a general officer memorandum of reprimand (GOMOR) be removed from his Official Military Personnel File (OMPF).
2. The applicant states, in effect, that his appeal to the Department of the Army Suitability Evaluation Board (DASEB) was successful and that all documents related to his case should be removed from his OMPF.
3. The applicant provides copies of this Board's letter close for docket Number AR20050007719, dated 22 March 2006, with enclosures; his letter dated
7 February 2007 to the DASEB; and two letters from the DASEB, dated 4 May 2007.
CONSIDERATION OF EVIDENCE:
1. On 5 May 2005, the applicant submitted an application to this Board requesting the removal of a GOMOR from his OMPF. The Director responded to him on 22 March 2006, informing him that he had not exhausted all of his administrative remedies in that he had not appealed his case to the DASEB.
2. On 7 February 2007, the DASEB, in response to the applicant's appeal to remove the GOMOR from his OMPF, determined that the GOMOR imposed on the applicant was unjust and untrue because it penalized the applicant for actions which were permitted and were within the guidelines established by regulation.
3. AR 600-8-104 (Military Personnel Information Management /Records) provides, in pertinent part, that all personnel information recorded under the authority of this regulation is the property of the United States Government. Once recorded, it will not be removed except as provided by law or this regulation. Types of authorized military personnel files are the Official Military Personnel File (OMPF), Military Personnel Records Jacket (MPRJ), Career Management Individual File (CMIF), and the Classified Personnel Record (CPR). Once placed in the OMPF, the document becomes a permanent part of that file. The document will not be removed from a fiche or moved to another part of the fiche unless directed by one or more of the following: (1) the Army Board for Correction of Military Records (ABCMR); (2) the Department of the Army Suitability Evaluation Board (DASEB); (3) the Army appeal boards; (4) the Chief, Appeals and Corrections Branch, Human Resources Command (5) the OMPF custodian when documents have been improperly filed; (6) the Commander, Human Resources Command, ATTN: HRC-PDO-PO, as an approved policy change to this regulation; (7) the Chief, Appeals Branch, Human Resources Command, St. Louis, Missouri ; or (8) the Chief, Appeals Branch, National Guard Personnel Center. Documents designated for transfer from the performance or service fiche will be put on the restricted fiche, if authorized. When discovered by the custodian or requested by the Soldier concerned, transfer restricted fiche documents mistakenly filed on the performance or service fiche to the restricted fiche. Unless approved by the Deputy Chief of Staff, Personnel or by the Human Resources Command Promotions Branch, this action does not justify standby or special selection board consideration.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows that the GOMOR was improperly imposed against the applicant. Therefore, all documents related to this action should be removed from his OMPF and sent to this Board for appropriate disposition.
BOARD VOTE:
__JTM___ __RCH__ __HOF__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from his OMPF all documents related in any way to the improperly imposed GOMOR and sending those documents to this Board for appropriate disposition.
_ _Hubert O. Fry, Jr.__
CHAIRPERSON
INDEX
CASE ID
AR20070016950
SUFFIX
RECON
DATE BOARDED
20080117
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
126.0400
2.
3.
4.
5.
6.
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