IN THE CASE OF:	  

		BOARD DATE:	       6 November 2008

		DOCKET NUMBER:  AR20080015609 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests her 17 November 2006 General Officer Memorandum of Reprimand (GOMOR) be transferred from the "Performance" to the "Restricted" portion of her Official Military Personnel File (OMPF).

2.  The applicant states that the GOMOR has served its intended purpose.  She further adds that she has had time to reflect upon her actions, fully accepted responsibility, and has learned from her mistake.  

3.  The applicant provides two certificates, dated 11 March 2008 and 22 July 2008, showing awards of the Army Commendation Medal; and copies of DA Forms 2166-8 (Noncommissioned Officer (NCO) Evaluation Report), for the periods 1 December 2006 to 31 May 2007, 1 July 2007 to 4 November 2007, and 5 November 2007 to 1 April 2008 in support of her request.

CONSIDERATION OF EVIDENCE:

1.  With prior service in the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 11 July 1986.  She held military occupational specialty (MOS) 92Y (Supply Specialist).  Her records also show she executed two 6-year reenlistments in the USAR on 11 April 1992 and 8 February 1998, and an indefinite reenlistment on 6 December 2003.  She was promoted to sergeant (SGT)/E-5 on 21 October 1989 and staff sergeant (SSG)/E-6 on 4 November 1994.

2.  On 1 November 2000, the US Army Reserve Personnel Command, St. Louis, Missouri (MO), issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).  This letter notified the applicant that she had completed the required years of service and would be eligible for retired pay upon application at age 60.   

3.  On 10 February 2003, the applicant was ordered to active duty in support of Operation Enduring Freedom and was subsequently promoted to sergeant first class (SFC)/E-7 on 1 March 2003.  However, there is no indication in her records that she served in a Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) area.  She was honorably released from active duty and reverted to her USAR status on 9 February 2004.

4.  On 28 February 2005, the applicant was voluntarily reduced to SSG/E-6 effective 28 February 2005 and with an effective date of rank of 4 November 1994, in accordance with Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction), for the purpose of accepting an Active Guard Reserve (AGR) position.

5.  On 17 November 2006, the applicant received a GOMOR from the Deputy Commanding General, 81st Regional Readiness Command (RRC), Birmingham, Alabama, for willfully disobeying a lawful order from her first sergeant (1SG) not to leave her weapon in her wall locker while going on sick call.  She was furnished with a copy of the GOMOR, acknowledged receipt, and submitted a rebuttal on 10 December 2006, in which she stated that she was wronged and that other Soldiers within her unit were working together to hurt her because she was a good Soldier.  

6.  On 19 April 2007, after reviewing the GOMOR, supporting evidence, and the rebuttal, the Deputy Commanding General directed the GOMOR be permanently filed on the "Performance" section of the applicant's OMPF.

7.  On 31 January 2008, the applicant petitioned the Department of the Army Suitability Evaluation Board (DASEB) to remove the GOMOR from her records.  However, after careful consideration, the DASEB denied the applicant's request on 10 March 2008.

8.  The applicant submitted copies of two certificates, dated 11 March 2008 and 22 July 2008 that show she was awarded two awards of the Army Commendation Medal for meritorious service and performance.



9.  The applicant submitted a copy of her NCOERs for the periods 1 December 2006 to 31 May 2007, 1 July 2007 to 4 November 2007, and 5 November 2007 to 1 April 2008, that show she was rated among the best and with a superior overall potential.

10.  Army Regulation 600-37 (Unfavorable Information) provides in pertinent part, that administrative letters of reprimand may be issued by an individual's commander, by superiors in the chain of command, and by any general officer or officer exercising general court-martial jurisdiction over the Soldier.  The letter must be referred to the recipient and the referral must include and list applicable portions of investigations, reports or other documents that serve as a basis for the reprimand.  Statements or other evidence furnished by the recipient must be reviewed and considered before filing determination is made.  Letters of reprimand may be filed in a Soldier's OMPF only upon the order of a general officer level authority and are to be filed on the performance fiche.  The direction for filing is to be contained in an endorsement or addendum to the letter.  If the reprimand is to be filed in the OMPF then the recipient's submissions are to be attached.  Once filed in the OMPF the reprimand and associated documents are permanent unless removed in accordance with chapter 7.  

11.  Chapter 7 of the regulation provides that once filed in an OMPF a document is presumed to have been administratively correct.  Appeals to the DASEB to relocate a reprimand, admonition or censure (normally for Soldiers in pay grade E-6 and above) are based on proof that the intended purpose has been served and that transfer to a restricted fiche would be in the best interest of the Army.  The DASEB will return appeals unless 1 year has elapsed and at least one nonacademic evaluation has been received since the letter was imposed.  If the appeal is denied the DASEB letter of denial will be filed on the performance fiche; the appeal itself and any associated documents will be filed on the restricted fiche. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant is a senior SSG/E-6 who disobeyed a lawful order and was accordingly issued a GOMOR on 17 November 2006.  She was provided with the opportunity to rebut her reprimand and she did so by shifting the blame to her chain of command.  After considering the supporting documentation and the applicant's rebuttal, the Deputy Commanding General determined on 19 April 2007 that the GOMOR be filed permanently in the applicant's OMPF.  

2.  The GOMOR was properly administered in accordance with applicable regulations and properly filed in the performance section of the applicant’s OMPF.  There is no evidence of any violation of any of the applicant’s rights.
3.  The applicant's two awards of the Army Commendation Medal and successful NCOERs are noted.  However, the applicant’s successful demonstrated duty performance since her incident is not sufficiently mitigating evidence to warrant transfer of the properly filed GOMOR from the performance section to the restricted portion of her OMPF.

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.  More specifically in this case, the applicant must provide sufficient evidence to support the contention that the GOMOR filed in her OMPF has served its purpose and that it is in the best interest of the Army to transfer the document.  The applicant did not submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X_____  __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.


															XXX
      ______________________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080015609



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ABCMR Record of Proceedings (cont)                                         AR20080015609



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