BOARD DATE: 21 October 2010
DOCKET NUMBER: AR20100020691
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, in effect, a General Officer Memorandum of Reprimand (GOMOR), dated 26 August 2006, and all related documents be removed from the performance section of his official military personnel file (OMPF).
2. The applicant states:
* He was charged with DUI [driving under the influence] in 2006 as a private and subsequently received an Article 15
* According to all the records he read, his UCMJ [Uniform Code of Military Justice] action should have been filed in the restricted section of his OMPF
* The UCMJ action is showing up in both the restricted and performance sections of his OMPF
3. The applicant provides:
* Enlisted Record Brief
* GOMOR and related documents
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of staff sergeant.
2. On 25 August 2006, the applicant received a GOMOR for driving while intoxicated. The GOMOR states "This is an administrative reprimand imposed under the provisions of AR [Army Regulation] 600-37 and not as punishment under UCMJ, Article 15."
3. On 14 September 2006, the commanding general directed the GOMOR with supporting documentation be filed permanently in the applicants OMPF.
4. There is no evidence of record which shows the applicant received an Article 15 for DUI or driving while intoxicated.
5. A review of the performance and restricted sections of the applicant's OMPF on the integrated Personnel Electronic Records Management System revealed a copy of the GOMOR and related documents.
6. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Paragraph 2-4 of this regulation states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by: the Army Board for Correction of Military Records, the DASEB, Army appeals board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, the OMPF custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center and Chief of the Appeals Branch of the National Guard Personnel Center.
7. Table 2 of Army Regulation 600-8-104 states, in pertinent part, that administrative letters of reprimand will be filed in the performance section of the OMPF.
8. Army Regulation 600-37 (Unfavorable Information) prescribes policies and procedures regarding unfavorable information considered for inclusion in official personnel files. Chapter 3 covers unfavorable information in official personnel files. Paragraph 3-4 applies to filing of nonpunitive administrative letters of reprimand or censure in official personnel files. Paragraph 3-4(b) provides for filing in the OMPF. It states that a letter, regardless of the issuing authority, may be filed in the OMPF maintained by the U.S. Army Human Resources Command, the Army Reserve Personnel Command (ARPERSCOM), or the proper State
Adjutant General (for Army National Guard Personnel) only upon the order of a general officer (to include one frocked to the rank of brigadier general) senior to the recipient by direction of an officer having general court-martial jurisdiction over the individual. Letters filed in the OMPF will be filed on the performance portion. The direction for filing in the OMPF will be contained in an endorsement or addendum to the letter.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends he received an Article 15 for DUI, records show he received an administrative reprimand for driving while intoxicated under the provisions of Army Regulation 600-37 and not as punishment under UCMJ, Article 15.
2. The applicant contends the GOMOR should have been filed in the restricted section of his OMPF. However, the commanding general directed the GOMOR with supporting documentation be filed permanently in the applicants OMPF.
3. The governing regulation states administrative letters of reprimand will be filed in the performance section of the OMPF.
4. There is no evidence the GOMOR was improperly imposed. The GOMOR was properly filed in the performance section of the applicant's OMPF. Based on the foregoing, there is no basis for granting the applicant's request.
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.
ABCMR Record of Proceedings (cont) AR20100020691
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ABCMR Record of Proceedings (cont) AR20100020691
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