IN THE CASE OF:	

		BOARD DATE:	       9 JUNE 2009

		DOCKET NUMBER:  AR20090005622 


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 14 March 2008, be removed from his Official Military Personnel File (OMPF). 

2.  The applicant states that he was unjustly given the GOMOR based on unsubstantiated evidence that was the result of an Army Regulation 15-6 (Procedures for Investigating Officers and Boards Officers) investigation that he perceived as a rush to judgment.  The applicant states that based on the GOMOR, the Army Human Resources Command (USAHRC), St. Louis, MO initiated a show cause to retain him on active duty.  He stated that he was coerced into submitting his resignation from active duty by his new Battalion Commander who had been in contact with his former Battalion Commander in reference to the matters surrounding this GOMOR. His new Battalion Commander informed him that if he failed to submit his resignation, he would provide a negative recommendation to the show cause review board.  The applicant states that, under duress, he submitted his resignation.

3.  The applicant provides a DA Form 67-9 (Officer Evaluation Report) for the rating period of 26 April 2008 through 12 November 2008; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a rebuttal memorandum to the above listed GOMOR, dated 24 March 2008; and two letters in support of this application.


CONSIDERATION OF EVIDENCE:

1.  On 9 July 1996, the applicant enlisted in the Regular Army (RA).  He completed the required training and was awarded military occupational specialty (MOS) 11B (Infantryman).  The highest enlisted rank/grade he held was staff sergeant (SSG)/E-6.

2.  During his time as an enlisted Soldier, the applicant attended and completed many military courses to include airborne training, the Warrior Leaders Course 
(WLC), and the Basic Noncommissioned Officer Course (BNCOC).  He also deployed in support of Operation Iraqi Freedom on two separate occasions.  While deployed, he was awarded the Combat Infantryman Badge for engaging in direct combat with an enemy force in defense of the nation.

3.  The applicant was accepted into the Warrant Officers Aviation program.  On 13 June 2005, the applicant was discharged from the RA in his enlisted status for the purpose of accepting a warrant officer appointment as a U.S. Army Reserve (USAR) Aviation Warrant Officer.  On 14 June 2005, the applicant entered active duty in his new status.

4.  The applicant received a GOMOR, dated 14 March 2008, for an inappropriate personal relationship with a woman who was not his wife.  This administrative action was imposed based on the findings of an Army Regulation 15-6 investigation, dated 10 February 2008.

5.  The applicant submitted a rebuttal memorandum, dated 24 March 2008, to the GOMOR approving authority requesting that the GOMOR be rescinded or alternatively filed in his local file.  On 6 May 2008, the GOMOR approving authority reviewed the reprimand and directed that the GOMOR and the recommendations and documents supporting the GOMOR be filed in the applicant's OMPF in accordance with Army Regulation 600-37 (Unfavorable Information), paragraph 3-4b.

6.  On 28 November 2008, the applicant was issued a DD Form 214 which shows that he was honorably discharged under the provisions of Army Regulation 600-8-24 (Officer Transfer and Discharges), paragraph 4-2a [substandard performance of duty] and 4-24a(2) [request discharge in lieu of elimination] by reason of unacceptable conduct.  He had completed 3 years,
5 months, and 15 days of net active service this period and had 8 years,
11 months, and 5 days of prior active duty service, for a total of 12 years,
4 months, and 20 days of total creditable active duty service.

7.  The applicant's ex-spouse provided a letter of support, dated 13 February 2009, indicating that it was never her intent to have her ex-husband discharged out of the Army when she initially brought these issues to the command's attention and that some of the allegations against the applicant were exaggerated and unsubstantiated.  

8.  The applicant provided a letter from a family friend, dated 24 March 2008, stating comments were made to her by the applicant's ex-wife stating that she was not happy in her marriage to the applicant; however, if he ever tried to divorce her she would take him for everything and make his life miserable.

9.  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 the Army Personnel Qualification Records.  Table 2-1 of the regulation also provides, in pertinent part, that administrative letters of reprimand will be filed in the performance section of the OMPF.

10.  Army Regulation 600-37 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's request that his GOMOR, dated 14 March 2008, should  be removed from his OMPF has been carefully reviewed and found to be without merit.

2.  There is no evidence that the GOMOR was improperly imposed.  The GOMOR was properly filed in the performance section of the applicant's OMPF as directed by the approving authority.

3.  During the Army Regulation 15-6 investigation for the alleged inappropriate personal relationship with another woman, the applicant failed to show otherwise that the alleged relationship was untrue.

4.  Although the applicant provided supporting statements with this application, these statements were prepared after the incident which resulted in the GOMOR. These statements are retrospective and are not sufficiently mitigating to warrant removal of the GOMOR.
5.  Therefore, based on the foregoing and the fact that the applicant did not provide sufficient evidence which shows that the GOMOR was inequitable, unjust, or otherwise flawed, there is no basis for granting the applicant’s requested relief. 

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)                                         AR20090005622



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ABCMR Record of Proceedings (cont)                                         AR20090005622



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