IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100020476
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 3 October 2008 general officer memorandum of reprimand (GOMOR) be removed from his record or transferred to the restricted portion of his records.
2. The applicant states the investigating officer urged him not to seek legal counsel and filing of the GOMOR in his official military personnel file (OMPF) was racially motivated. A white female officer was also investigated for inappropriate relations with an enlisted Soldier, but she did not receive a GOMOR. He was not afforded the opportunity to speak with the general and the GOMOR was filed in his OMPF against the recommendations of his entire chain of command.
3. The applicant provides copies of the Department of the Army Suitability Evaluation Board (DASEB) findings with the documents submitted to that board.
CONSIDERATION OF EVIDENCE:
1. The applicant, a prior enlisted Soldier, was commissioned as a U.S. Army Reserve second lieutenant on 3 May 2007.
2. On 3 October 2008 while serving as an instructor, the applicant received a GOMOR for sexual harassment of two female enlisted Soldiers and a female civilian employee. Included in the GOMOR is the statement that the harassment continued even after the applicant had been twice counseled by superior commissioned officers about his conduct around females.
3. In a memorandum to the commanding general, dated 18 October 2008, the applicant states, "I realized that I needed to be more careful about perceptions and the manner in which I approach others
I have been married for 2 years and have two wonderful kids and am in no way interested in the Soldiers I serve with.
I have always been a very friendly person; however, I realize that I may sometimes appear to be too friendly without realizing it. I am grateful for the guidance my command is providing me as I continue to grow as a leader
I feel that the other situations were misunderstandings but recognize that I need to work on the perceptions that I may unintentionally create. Starting out as an enlisted Soldier myself, I am still learning the balance between helping the young Soldiers under me and leading them."
4. On 10 June 2010, the DASEB reviewed the case and denied the applicant's request to have the GOMOR moved to the restricted portion of his record.
5. The applicant submitted his request to this Board approximately 2 months after the DASEB denial.
6. On 8 December 2010, the applicant received another GOMOR concerning inappropriate conversations with female officer students in the command where he was serving as an instructor.
7. In his 12 December 2010 GOMOR filing request, the applicant stated, "I am requesting that you file the administrative letter of reprimand in my local file instead of my OMPF. I was wrong for engaging in unprofessional conversations with other lieutenants while attending the Sustainment Bowl in September 2010. I have learned that I need to be professional at all times and everyone deserves to be treated with respect on and off duty. I will take this lesson learned to my future career with the U.S. Department of Justice. Coming from an all male infantry environment as a noncommissioned officer, I realize that I have a lot to learn about working with female co-workers. I am currently taking an Equal Opportunity class as part of the curriculum to receive a Master's of Science in Justice Administration. I hope that I will gain the maturity and compassion that I am currently lacking so that I will not ruin any future opportunities that I may have, like I may have ruined my military career."
8. Army Regulation 600-37 (Unfavorable Information) provides that only information for which the individual has been provided an opportunity to review the material and offer a written response may be filed in the Soldier's OMPF. Once filed in the OMPF such documents are permanent unless removed in accordance with chapter 7. Chapter 7 provides that once filed in an OMPF, a document is presumed to be administratively correct. Appeals to the DASEB to relocate derogatory documents are to be based on proof that the intended purpose has been served and that transfer to the restricted fiche would be in the best interest of the Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant brings up the unsupported contention of possible racial motivation in the issuance and filing of the GOMOR. However, he has not provided any evidence that there was any racial motivation as to how his first GOMOR was administered or filed.
2. The applicant was counseled twice for inappropriate interaction with females under his command prior to receiving his first GOMOR.
3. The applicant received a second GOMOR for essentially a continuation of the same actions and attitudes that resulted in the earlier GOMOR.
4. From his continued misconduct, as demonstrated by the second GOMOR, it is clear the intent of the GOMOR's has not been served. Therefore, no relief is warranted.
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 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) AR20100020476
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