IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100015253 


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 correction of his military records to move a general officer memorandum of reprimand (GOMOR) from the performance section to the restricted section of his Official Military Personnel File (OMPF).

2.  The applicant states that he does not dispute the facts of the GOMOR.  He fully understands the gravity of his actions and the subsequent consequences.  He has striven every day since to make up for his selfish and foolish act.  He completed all civilian and military requirements related to the GOMOR at the time of the incident.  He continued to serve with distinction in honorable assignments, such as the 75th Ranger Regiment; 3rd U.S. Infantry, the Old Guard; and
F Company, 51st Corps Long Range Surveillance (LRS), while enlisted.  He was promoted to the rank/grade of sergeant (SGT)/E-5 and staff sergeant (SSG)/E-6.  He became a warrant officer and aviator and has served as such for the past 10 years.  He has had multiple combat tours in support of Operations Desert Storm/Shield and multiple deployments in support of Operations Enduring Freedom and Iraqi Freedom.  Since the incident resulting in his GOMOR, he has served over 17 years with distinction but has yet to reach his full potential as a warrant officer and Soldier.  He has had no further incidents and continues to excel and support his chain of command in every capacity.  Moving his GOMOR from the performance section of his OMPF to the restricted section would allow the incident to remain documented in his records and still afford him the opportunity for more challenging positions.

3.  The applicant provides no additional documentation in support of his application.
CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving on active duty as a chief warrant officer three (CW3)/W-3.

2.  On 15 June 1993, the applicant, then a specialist (SPC)/E-4, received a GOMOR for driving under the influence (DUI) of alcohol and speeding.  He was cited by the civilian authorities for DUI and traveling at 62 miles per hour in a
45-mile per hour zone.  He was reprimanded for this misconduct.  The applicant was further informed that the reprimand was administrative in nature and is not imposed as punishment under Article 15, Uniform Code of Military Justice (UCMJ).

3.  On 18 June 1993, the applicant responded to the GOMOR.  He indicated that he had read and understood the unfavorable information presented in the GOMOR and elected not to make a statement.

4.  On 8 July 1993, the imposing general officer directed that the GOMOR be filed in the applicant’s OMPF.

5.  There is no evidence showing the applicant appealed to the Department of the Army Suitability Evaluation Board (DASEB) for relief.

6.  The applicant's OMPF shows the following promotions and awards:

	a.  promotion to SGT/E-5 effective 1 April 1994;

	b.  promotion to SSG/E-6, effective 1 June 1998;

	c.  appointment to warrant officer (WO1)/W-1, effective 24 January 1999;

   d.  promotion to chief warrant officer two (CW2)/W-2, effective 26 January 2001;

	e.  promotion to CW3/W-3, effective 1 August 2006;

	f.  award of the Air Medal with Numeral 2, Bronze Star Medal, Army Commendation Medals with five oak leaf clusters, and Army Achievement Medals with first oak leaf cluster, in addition to a variety of qualification badges.

7.  The applicant's Noncommissioned Officer Evaluation Reports (NCOERs) during his service as SGT and SSG, all report his performance of duty as successful or better.  All of his Officer Evaluation Reports (OERs) during his service as a warrant officer, rate him as outstanding and best qualified.

8.  Army Regulation 600-37 (Unfavorable Information) provides, in pertinent part, that administrative letters 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 letter 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.  Letters of reprimand may be filed in a Soldier's OMPF only upon the order of a general officer level authority and are to be filed in the performance section.  The direction for filing is to be contained in an endorsement or addendum to the letter.  If the reprimand is to be filed in the OMPF, then 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.  Letters of reprimand intended for filing in the Military Personnel Records Jacket (MPRJ) may be retained for no more than 3 years and must state the length of time they are to be retained.  Chapter 7 of the regulation provides that once filed in an OMPF a document is presumed to have been administratively correct.  Appeals to the DASEB to relocate a reprimand, admonition, or censure (normally for Soldiers in pay grade E-6 and above) are based on proof that the intended purpose has been served and that transfer to the restricted section would be in the best interest of the Army.  The DASEB will return appeals unless 1 year has elapsed and at least one nonacademic evaluation has been received since the letter was imposed.  If the appeal is denied the DASEB letter of denial will be filed in the performance section, and the appeal itself and any associated documents will be filed in the restricted section.  Otherwise this Board may act in accordance with Army Regulation 15-185 and the Soldier has rights under the Privacy Act in which the DASEB acts as the access and amendment authority under Army regulation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant implies that the GOMOR he received for DUI and speeding has served its purpose and should be moved to the restricted section of his OMPF.

2.  The evidence clearly shows that the applicant received a GOMOR for misconduct and that it was filed in his OMPF.

3.  The GOMOR was properly administered in accordance with applicable regulations and properly filed in the performance section of the applicant’s OMPF.  There is no evidence showing that the applicant’s rights were violated. There was no injustice or error.

4.  However, in view of the applicant's long and distinctive service since receiving the GOMOR, and as a matter of equity, it would be appropriate to move the GOMOR 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 in June 1993, 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)                                         AR20100015253



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ABCMR Record of Proceedings (cont)                                         AR20100015253



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