IN THE CASE OF:	  

		BOARD DATE:		  24 November 2009

		DOCKET NUMBER:  AR20090005552 


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) be removed from his Official Military Personnel File (OMPF).

2.  The applicant states that he requests removal of the GOMOR from his file based on the fact that the intended purpose has been met.  He argues that the intended purpose of the memorandum was to ensure his failure was considered by future promotion boards.  

3.  The applicant states he confessed in writing to his commander prior to any investigation and took responsibility for his actions by seeking counseling but also provided documentation showing he possessed integrity and character.  He adds that the reprimand was administered and no Uniform Code of Military Justice (UCMJ) action was taken.  He was already a non-select to lieutenant colonel and with the reprimand in his file was non-selected a second time and turned down for selective continuation.  He concludes that the purpose of the letter, now having been accomplished, continues to unfairly punish him by causing further embarrassment and to indefinitely highlight a failure he confessed to, took corrective action for, and was already punished for.

4.  The applicant provides a self-authored memorandum wherein he admits to violating a Commanding General's policy, a memorandum from the Chaplain's office which shows he was attending counseling, a memorandum from his former 

Deputy Brigade Commander which attest to his integrity and character, and a DA Form 67-9 (Officer Evaluation Report) which shows his performance was outstanding during the period 1 November 2005 to 31 October 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant in the U. S. Army Reserve on 12 June 1987.  He entered extended active duty on 20 April 1989.  He was promoted to major in the Regular Army effective 1 October 2001 and held this rank at the time he received the GOMOR.

2.  On 9 June 2007, the applicant confessed, in writing, to accessing a prohibited internet site with sexual content using a government computer.  

3.  On 19 July 2007, the applicant received a written reprimand from the Commanding General, Headquarters, US Army Recruiting Command (USAREC), Fort Knox, Kentucky, for violating a USAREC policy by using his government computer to access internet sites with sexual content while on duty.

4.  On 23 July 2007, the applicant acknowledged receipt of the GOMOR and on 27 July 2007, submitted his rebuttal to the GOMOR.

5.  On 17 August 2007, after review of the GOMOR, supporting documentation, the applicant’s rebuttal, and the filing recommendations of the chain of command, the Commanding General directed the GOMOR be filed in the applicant's OMPF.

6.  The applicant was placed on the retired list effective 1 December 2008.

7.  A review of the applicant's OMPF on the Personnel Electronic Records Management System revealed a copy of the imposed GOMOR.

8.  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.

9.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records), Table 2-1 (Composition of the OMPF) provides, in pertinent part, that 

administrative letters of reprimand, admonitions, and censures of a non-punitive nature, referral correspondence, and member's reply will be filed in the Performance (Commendatory and Discipline) section of the OMPF, if the provisions of Army Regulation 600-37 have been complied with.

10.  Chapter 7 of Army Regulation 600-37 provides the policies and procedures for appeals and petitions for removal of unfavorable information from the OMPF.  Paragraph 7-2 states that once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority.  Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the imposed GOMOR should be removed from his OMPF based on the fact that the intended purpose has been met.

2.  The applicant is currently retired and it could be argued that the GOMOR's intended purpose has been served.  His desire to have the GOMOR removed from his files is understandable; however, the GOMOR was properly imposed as an administrative measure and filed in the OMPF after an objective decision by competent authority, the Commanding General, USAREC, a major general.  This authority ordered the GOMOR filed in the performance section of the applicant's OMPF being fully cognizant of the applicable regulations and the net effect of his decision.  The applicant has failed to demonstrate that the GOMOR was imposed in error, is unjust, or that the removal of the GOMOR would be equitable or in the best interest of justice and the Army.

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)                                         AR20090005552



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ABCMR Record of Proceedings (cont)                                         AR20090005552



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