IN THE CASE OF:
BOARD DATE: 04 May 2010
DOCKET NUMBER: AR20090014191
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 removal of two General Officer Memoranda of Reprimand (GOMORs) from the restricted portion of his Official Military Personnel File (OMPF), dated in October 1993 and February 1996.
2. The applicant states:
* the two GOMORs were transferred to the restricted portion of his OMPF on 16 May 2002 by the Department of the Army Suitability Evaluation Board (DASEB)
* he believes the purpose of the GOMORs has been served and they should not tarnish his record for future promotion boards
* over the past 13 years, he has mentored, counseled, and supervised a number of Soldiers who have become great leaders for the Army
* he will continue to strive for greater responsibilities and serve the Army to the best of his ability.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 27 July 1989. He is currently serving in active duty status.
2. On 15 November 1993, the applicant was given a GOMOR for being arrested for suspicion of driving while impaired on 9 October 1993. A breath analysis test administered at the time of arrest established his blood alcohol content to be 0.12. He was told that the reprimand was imposed as an administrative measure and not as punishment under Article 15 of the Uniform Code of Military Justice (UCMJ). The applicant was instructed to acknowledge receipt of the notification within 7 days.
3. The applicant acknowledged receipt of the GOMOR on 23 November 1993 and he elected not to submit a rebuttal. The commanding general directed that the reprimand be filed in the applicant's OMPF and the GOMOR was filed in the performance portion.
4. On February 1996, the applicant was given a GOMOR for operating a motor vehicle while intoxicated on 4 February 1996, with a breath alcohol content of 0.154 grams of alcohol per 210 liters of breath. He was told that the reprimand was imposed as an administrative measure and not as punishment under Article 15 of the UCMJ. The applicant was instructed to acknowledge receipt of the notification within 7 days.
5. The applicant acknowledged receipt of the GOMOR on 5 April 1996 and he elected not to submit a statement or documents in rebuttal. The commanding general directed that the reprimand be filed in his OMPF and the GOMOR was filed in the performance portion.
6. In a memorandum dated 2 April 2002, the applicant petitioned the President of the DASEB to have the GOMORs moved from the performance portion of his OMPF to the restricted portion of his OMPF.
7. In a memorandum, dated 16 May 2002, the applicant was notified the DASEB approved the transfer of the GOMORs, dated 15 November 1993 and 9 February 1996, and the notification memorandum to the restricted portion of his OMPF. He was also advised that the DASEB's decision to transfer the GOMORs was based on the intent served and the decision was not to be considered retroactive.
8. A review of the interactive Personnel Electronic Records Management System and the Human Resources Command Intergrated Web Services Soldier Management System shows both GOMORs and the DASEB notification memorandum were transferred to the restricted portion of his OMPF as directed by the DASEB.
9. Army Regulation 600-37 (Unfavorable Information) sets forth policy and procedures to authorize placement of unfavorable information about Army members in individual official personnel files, and ensure that the best interest of both the Army and the Soldier are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files. In pertinent part, it 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were considered.
2. However, he has not shown error or injustice in the filing of the GOMORs in his OMPF.
3. The DASEBs decision to transfer the GOMORs to the restricted portion of his OMPF was based on intent served; it was not as a result of being erroneously filed or imposed. He has not provided evidence to show the GOMORs were administratively incorrect. Additionally, promotion boards, except for sergeant major boards, do not have access to the restricted portion of the OMPF. Therefore, no basis has been established for removal of the GOMORs from the restricted portion of his OMPF.
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.
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