IN THE CASE OF:	  

		BOARD DATE:	  	  5 February 2009

		DOCKET NUMBER:  AR20080018834 


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 that a General Officer Memorandum of Reprimand (GOMOR), dated 1 September 2006, be transferred from the performance section to the restricted section of his Official Military Personnel File (OMPF). 

2.  The applicant states, in effect, that he has exhausted all means at his level to get the GOMOR transferred from the performance section to the restricted section of his OMPF.  He contends that he presented his case to the Department of the Army Suitability Evaluation Board (DASEB); however, his request was denied.  He states that the GOMOR is hindering his career progression and is a discriminator at the centralized Department of the Army selection board level.  He points out that he has an exemplary record, that there is no derogatory evidence in his OMPF except for the GOMOR, and that the incident occurred off post and all charges were dismissed.   

3.  The applicant provides a copy of the DASEB proceedings and related documents; a letter, dated 19 March 2007, from a District Attorney; eight Noncommissioned Officer Evaluation Reports (NCOER); two DA Forms 1059 (Service School Academic Evaluation Report); orders for the Bronze Star Medal, the Army Commendation Medal, and the Army Achievement Medal; a copy of his Enlisted Record Brief; a letter, dated 3 October 2008, to the DASEB; and a certificate of achievement in support of his application.          




CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 September 1993 and has remained on active duty through continuous reenlistments.  He is currently serving on active duty in the rank of staff sergeant.

2.  On 1 September 2006, the applicant received a GOMOR for driving while intoxicated on 24 June 2006.  The Commanding General directed the GOMOR be filed in the applicant’s OMPF.

3.  The applicant provides a letter, dated 19 March 2007, from the Office of the District Attorney, Parish of Vernon, State of Louisiana which states that the Office of the District Attorney dismissed the driving while intoxicated charge.

4.  On 5 May 2008, the applicant submitted an appeal to the DASEB requesting that the GOMOR be transferred to the restricted section of his OMPF.  

5.  On 10 July 2008, the DASEB denied the applicant’s request.  The DASEB reviewed the single Noncommissioned Officer Evaluation Report received since the incident and determined that it had laudatory comments and top blocks for potential by the rater and senior rater; the DASEB found no indication of remorse by the applicant, or any reflection on his actions which generated the GOMOR; the DASEB recognized the significant awards and combat service performed by the applicant, but noted those actions occurred prior to the driving while intoxicated incident which generated the GOMOR; and the DASEB did not find sufficient substantial evidence to show that the GOMOR had served its purpose and that it was in the best interest of the Army to have the GOMOR transferred to the applicant’s restricted file.    

6.  A review of the performance section of the applicant’s OMPF on the interactive Personnel Electronic Records Management System (iPERMS) revealed a copy of the 1 September 2006 GOMOR in question.      

7.  In support of his claim, the applicant provides eight NCOERs covering the period from January 2002 to 18 July 2008.  These reports show the applicant was rated "Among the Best" by his rater.  He provides orders for the Bronze Star Medal for exceptionally meritorious achievement during the period 28 March 2003 to 15 November 2003; orders for the Army Commendation Medal for meritorious service during the period 30 October 1999 to 30 July 2004; and orders for the Army Achievement Medal for meritorious service during the period 29 January 2007 to 18 February 2007.    


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 Official Military Personnel File 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, the Department of the Army Suitability Evaluation Board, Army appeals board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, the Official Military Personnel File custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center and Chief of the Appeals Branch of the National Guard Personnel Center.

9.  Table 2 of Army Regulation 600-8-104 states, in pertinent part, that administrative letters of reprimand will be filed in the performance section of the OMPF.

10.  Army Regulation 600-37 (Unfavorable Information) prescribes policies and procedures regarding unfavorable information considered for inclusion in official personnel files.  Chapter 3 covers unfavorable information 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) provides for filing in the OMPF.  It states that a letter, regardless of the issuing authority may be filed in the OMPF maintained by the U.S. Army Human Resources Command, the Army Reserve Personnel Command (ARPERSCOM), or the proper State Adjutant General (for Army National Guard Personnel) 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.  The direction for filing in the OMPF will be contained in an endorsement or addendum to the letter.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that the GOMOR is hindering his career progression and is a discriminator at the centralized Department of the Army selection board level, the governing regulation states that administrative letters of reprimand will be filed in the performance section of the OMPF.


  

2.  There is no evidence that the GOMOR was improperly imposed.  The 
1 September 2006 GOMOR was properly filed in the performance section of the applicant’s OMPF.  

3.  It appears the applicant’s performance has been without further incident since his GOMOR.  However, driving while intoxicated (consumption of alcohol), which led to the GOMOR, is considered to be extremely serious and the offense occurred less than three years ago.  Therefore, it is inappropriate to transfer the GOMOR to his restriction section of his OMPF at this time.

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.



      __________X____________
               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)                                         AR20080018834



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ABCMR Record of Proceedings (cont)                                         AR20080018834



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