IN THE CASE OF:	  

		BOARD DATE:	  29 June 2010

		DOCKET NUMBER:  AR20100014895 


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 transfer of a General Officer Memorandum of Reprimand (GOMOR), imposed on 24 October 2005, from the performance section to the restricted section of his Official Military Personnel File (OMPF).

2.  The applicant states he received a GOMOR for driving under the influence (DUI) and that he takes full responsibility for his actions and is remorseful of this action.  However, since his reprimand, he has taken several steps to improve himself and continued to Soldier on.  On the personal level, he has acknowledged his mistake and has taken alcohol education classes to further increase his awareness and understanding of this terrible mistake.  On the professional level, he constantly speaks to subordinates and peers about the dangers of such action.  He has worked hard and graduated from the Captain Career Course in 2006 and he was selected as the distinguished honor graduate in the Petroleum Course.  He successfully completed a tour of duty in Saudi Arabia and he was recognized as the top military advisor and received a Joint Service Commendation Medal.  He was subsequently selected to command the only quartermaster (QM) company at the Special Warfare Center and School, Fort Bragg, NC.  He has also since received top block Officer Evaluation Reports (OER), one of which recognized him as the best among 23 company commanders and the number one pick for future battalion command.  He recently deployed with the 3rd Infantry Sustainment Brigade.  The GOMOR has no doubt hindered his career progression and possibly caused his non-selection for promotion.  He believes the GOMOR has served its intended purpose and that his GOMOR should be moved to the restricted section of his OMPF.

3.  The applicant provides the following documents:

* letters of support from his former battalion commanders
* a copy of the GOMOR and allied documents, dated 11 October 2005
* a copy of his Officer Record Brief (ORB), dated 29 March 2010
* copies of his DA Forms 67-9 (OER) for the period 3 April 2009 through
2 April 2010, 3 April 2008 through 2 April 2009, 8 June 2007 through
2 April 2008, 17 February 2007 through 7 June 2007, and 17 February 2006 through 16 February 2007
* a copy of his DA Form 1059 (Service School Academic Evaluation Report), dated 13 February 2006
* a copy of his appeal memorandum to the Department of the Army Suitability Evaluation Board (DASEB), dated 12 February 2009
* a copy of the DASEB response memorandum, dated 1 June 2009
* a copy of a certificate showing award of the Bronze Star Medal, dated
8 April 2004
* copies of orders awarding him the Military Free Fall Parachutist Badge and Master Parachutist Badge, dated 5 May and 22 June 2009, respectively

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) as a non-scholarship Reserve Officers' Training Corps (ROTC) cadet on 3 February 2000.  He completed ROTC, he was appointed as a USAR second lieutenant, and he executed a DA Form 71 (Oath of Office - Military Personnel) on 11 May 2001 with concurrent call to active duty.  

2.  He completed the QM Officer Basic Course and served in various positions within and outside the continental United States, including Afghanistan, Iraq, and Saudi Arabia.  He was promoted to first lieutenant on 2 December 2002 and to captain (CPT) on 1 November 2004.

3.  On 11 October 2005, he was reprimanded by the commanding general (CG) of the U.S. Army Combined Arms Support Command, Fort Lee, VA, for DUI.  He was observed swerving onto incoming traffic lanes and he was stopped by military police officials.  He was subsequently apprehended and administered a breathalyzer test which indicated a .11 percent (%) blood alcohol content.

4.  On 11 August 2005, he acknowledged receipt of the GOMOR and elected to submit matters in his own behalf.  He subsequently submitted a rebuttal on
19 October 2005, wherein he indicated that he was having family problems but took full responsibility for his actions and acknowledged his poor judgment.

5.  On 24 October 2005, after reviewing the applicant's rebuttal and considering all matters available and the recommendations by his chain of command, the CG directed the GOMOR be filed on the applicant's OMPF.

6.  The GOMOR is currently filed in the performance portion of his OMPF.

7.  Since his DUI incident, he has successfully accomplished the following:

* completed the Combined Logistics Captain's Career Course, Petroleum Officer Course, Pathfinder Course, and Support Operations Course
* received several "among the best" or "best qualified" OERs
* awarded the Military Free Fall Parachutist Badge and Master Parachutist Badge, Joint Service Commendation Medal, and the Army Commendation Medal
* completed a 12-month tour of duty in Saudi Arabia
* assigned as a company commander at Fort Bragg

8.  On 12 February 2009, he petitioned the DASEB for removal of the GOMOR from his records.  However, on 1 June 2009, DASEB denied his request.

9.  He submitted the following documents:

	a.  A letter of support, dated 29 March 2010, from his former battalion commander wherein he strongly recommends the transfer of the applicant's GOMOR.  He adds that he personally attests to the applicant's competence, intelligence, and professionalism.  He further describes him as a future battalion commander and ranks him at the top of his peer group.  He embodies exactly what the Army represents and is truly all about.

	b.  A letter of support, dated 25 March 2010, from another former battalion commander who also describes him as one of the most proactive and multifunctional officers he has known.  He sets the highest standards of excellence.  He adds that the GOMOR is the only thing standing between the applicant and battalion command.  He recommends the GOMOR's transfer.

10.  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 a filing determination is made.

11.  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 Army Regulation 600-37, chapter 7.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received a GOMOR for DUI 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 in his own behalf prior to a final filing decision.  His 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.  However, a GOMOR is primarily used as a tool for teaching proper standards of conduct and performance.  There is no doubt that after his mistake in 2005, the applicant has rebounded in an outstanding manner.  He has taken big leaps towards improving himself personally and professionally.  He has rebounded since his incident and successfully completed several assignments and received among the best OERs, he was awarded several awards, he completed various training courses, and he recently deployed to Iraq.  The GOMOR appears to have served its intended purpose.

3.  Since his GOMOR, he has revealed nothing but a progressively noteworthy advancement, both in achievements and maturity.  He has proven through performance that he is dedicated to bettering himself and generating a positive 

influence on those with whom he associates.  His attitude, which is normally recognized as a major ingredient in the success or achievement of an individual, is that of an officer who, despite the set-back, has Soldiered on with a strong desire to serve and grow.

4.  The applicant's date of rank to CPT is 1 November 2004.  He has been in the zone for consideration for promotion to major.  However, the existence of the GOMOR on his performance fiche is a detractor that sticks out as soon as his records are reviewed.  Therefore, in the interest of justice, the applicant's GOMOR should be transferred to the restricted section of his OMPF.

BOARD VOTE:

____x____  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by moving the GOMOR, dated 24 October 2005, and allied documents to include previous denials of his request to remove and/or transfer the GOMOR, from the performance section to the restricted section of his OMPF.



      __________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)                                         AR20100014895



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ABCMR Record of Proceedings (cont)                                         AR20100014895



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