IN THE CASE OF:	  

		BOARD DATE: 	       10 November 2009

		DOCKET NUMBER:  AR20090010939 


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 the removal of a general officer memorandum of reprimand (GOMOR) from his official military personnel file (OMPF).

2.  The applicant states that the GOMOR was placed in his OMPF due to a charge of driving under the influence.  He adds that the GOMOR was placed in his OMPF without allowing him any input and without awaiting further information from the civilian court system.  He adds that the local policy caused any alcohol-related incident within the community to be reported to the base Military Police on a blotter report.  This incident had nothing to do with the military.  The GOMOR has definitely served its purpose by now and continues to keep him from advancing his career with his peers.  He further states that the situation is unfair since identical circumstances occurring to a peer would not result in the same punishment.  He concludes that this matter was handled by the civilian court system and the military did not attempt to exercise any jurisdiction, only double-jeopardy type of punishment.

3.  The applicant did not provide any additional documentary evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Having prior service, the applicant's records show he was appointed as a U.S. Army Reserve Signal Corps warrant officer one in military occupational specialty 250N (Network Management Technician) on 11 October 1996.  He served in various staff and leadership positions within continental United States and overseas and was promoted to chief warrant officer two on 11 October 1998. 
He was assigned to Headquarters and Headquarters Company, 10th Special Forces Group, Fort Carson, CO.

2.  On 23 May 2000, the applicant was reprimanded by the commanding general (CG) of the 7th Infantry Division, Fort Carson, CO, for misconduct and endangering the safety of others and himself by operating a vehicle while under the influence of alcohol.  The CG further informed him that he intended to file the GOMOR in his OMPF and that the applicant had the opportunity to submit any matters in rebuttal to the allegations.

3.  On 7 June 2000, the applicant acknowledged receipt of the GOMOR and elected to submit matters on his own behalf.  He subsequently submitted a rebuttal on 15 June 2000 in which he requested the GOMOR remain in his local file.  He expressed remorse by indicating that the GOMOR had sent a clear and hard message to him and that he was aware of the seriousness of the offense of which he had been charged and that he would never repeat it.

4.  On 2 August 2000, after reviewing the applicant's rebuttal and considering all matters available, the CG directed the GOMOR be filed on the applicant's OMPF. 
The GOMOR is currently filed in the restricted portion of the applicant's OMPF.

5.  The applicant's records further show he was promoted to chief warrant 
officer three on 1 October 2004 and continues to serve in the Regular Army.

6.  Army Regulation 600-37 (Unfavorable Information) provides in pertinent part, that an administrative memorandum 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 memorandum 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.

7.  A memorandum of reprimand may be filed in a Soldier's OMPF only upon the order of a general officer-level authority and is to be filed in the performance section.  The direction for filing is to be contained in an endorsement or addendum to the memorandum.  If the reprimand is to be filed in the OMPF, 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 of Army Regulation 600-37.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received a GOMOR for misconduct and that it was filed in his OMPF.  He was afforded the opportunity to review all of the evidence against him and to submit matters on his own behalf prior to a final filing decision.  The applicant's response was received and considered.  Subsequently, the GOMOR was referred for filing in his OMPF.  The GOMOR was properly administered in accordance with applicable regulations and is properly filed in the performance section of his OMPF.  There is no evidence of an error or an injustice.

2.  With respect to the applicant's contention that identical circumstances occurring to a peer would not result in the same punishment, the applicant is reminded that each case brought before the ABCMR is assessed and analyzed based on its own merits.  

3.  With respect to the applicant's contention of double-jeopardy type of punishment, the quality of service of a Soldier on active duty is affected by conduct that is of a nature to bring discredit on the Army or prejudicial to good order and discipline.  While the applicant's serious offense occurred within the civilian community, it clearly brought discredit upon the applicant, his peers, his unit, 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)                                         AR20090010939



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090010939



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1