BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100020253 


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) and allied documents be removed from the restricted section of his official military personnel file (OMPF).

2.  The applicant states he has accepted responsibility for his actions and he has learned from his mistakes.  The GOMOR has served its purpose and its presence hinders his career progression and prevents the Army from benefiting from his full potential.  He also states with the re-implementation of the Qualitative Management Program (QMP), it is essential that outdated data not be used to determine his value.  He states that since receiving the GOMOR, his records clearly demonstrate his outstanding performance and unlimited potential. 

3.  The applicant did not provide any additional documentary evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army (RA) sergeant first class (SFC)/E-7 who initially entered active service on 16 September 1992.  He served in various staff and leadership positions in military occupational specialty 68W (Health Care Specialist).  He is currently assigned to the 3rd Battalion, 289th Regiment, 120th Infantry Brigade, Beaumont, TX.



2.  On 13 December 1993, while serving in the rank of private first class, the applicant was reprimanded by the Commanding General (CG), Joint Readiness Training Center (JRTC), Fort Polk, LA, for driving while intoxicated.  The GOMOR stated on 14 November 1993, Military Police officers stopped the applicant's vehicle at an "Operation Save-A-Life" checkpoint and an officer noticed a strong odor of alcohol emitting from the applicant.  The applicant admitted that he had been drinking and subsequently underwent a chemical test that noted a .15g% blood alcohol level.  It also stated that his decision demonstrated lack of maturity and judgment and he had not only risked his life but also the lives of innocent travelers.  

3.  On 13 January 1994, the applicant acknowledged receipt of the GOMOR and elected not to submit matters on his own behalf.  

4.  On 27 January 1994, the applicant's immediate commander indicated the applicant's driving privileges had been suspended, that he had been unable to adapt to military life as a Soldier, and that his performance had been substandard. 

5.  On 27 January and 6 February 1994, his intermediate and senior commanders concurred with the immediate commander and indicated the applicant was not the type of Soldier they wished to retain.

6.  On 16 March 1994, after reviewing the GOMOR imposed against the applicant, his declination to submit a statement in his own behalf, and the chain of command's recommendation, the JRTC CG directed the GOMOR be permanently filed in the applicant's OMPF. 

7.  The GOMOR was filed in the performance section of the applicant's OMPF.

8.  On 21 October 2004, the Department of the Army Suitability Evaluation Board (DASEB) granted him relief in that it voted to approve the transfer of his GOMOR from the performance section to the restricted section of the OMPF. 

9.  The GOMOR and allied documents (the endorsement wherein he declined to submit a statement and the chain of command's recommendations) are filed in the restricted section of his OMPF.  Additionally, the DASEB decision memorandum, dated 21 October 2004, is filed in the performance section of his OMPF.




10.  In addition to executing several reenlistments or extensions in the RA, he has accomplished the following since the GOMOR:

* Completed several Noncommissioned Officer's (NCO) professional development courses
* Promoted through the ranks to SFC/E-7
* Received several NCO Evaluation Reports since being promoted to SGT/E-5 wherein he was rated mostly among the best with superior overall potential
* Awarded several Army Achievement Medals or Commendation Medals 

11.  Army Regulation 600-37 (Unfavorable Information) provides 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.

12.  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 in December 1993 for driving while intoxicated.  He was provided an opportunity to submit matters on his own behalf but elected not do so.  The GOMOR was ultimately filed in the performance section of his OMPF.  He petitioned the DASEB for removal of the GOMOR and he was granted partial relief in that the GOMOR was transferred to the restricted section of his OMPF.

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 1993, the applicant has rebounded in an outstanding manner.  He has rebounded and has taken big leaps towards improving himself personally and professionally.  He executed several reenlistments, earned a promotion to SFC/E-7, completed various training courses, successfully completed several assignments, and received outstanding evaluations.  The GOMOR appears to have served its intended purpose.

3.  Since receipt of the 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 a Soldier who, despite the set-back, has Soldiered on with a strong desire to serve and grow.

4.  Although the restricted section of his OMPF is not reviewed by promotion boards until consideration for appointment to command sergeant major, the existence of the GOMOR on his OMPF 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 removed from the restricted section of his OMPF.

5.  Additionally, it makes little sense to remove the GOMOR from the restricted section of his OMPF and leave evidence of the DASEB decision memorandum that shows he received the action in his file.  Accordingly, the October 2004 DASEB memorandum should also be removed from his OMPF.

6.  Finally, for the same reasons, this Record of Proceeding should not be filed on 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:

* Removing the GOMOR, dated 16 March 1994, and allied documents to include his acknowledgement memorandum and the chain of command's recommendations from the restricted section of his OMPF
* Removing the DASEB decision memorandum, dated 16 October 2004, from his OMPF
* Not filing this Record of Proceeding in 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)                                         AR20100020253



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ABCMR Record of Proceedings (cont)                                         AR20100020253



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