IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100020883 


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 reconsideration for promotion to lieutenant colonel (LTC) by a Special Selection Board (SSB).

2.  The applicant states in January 1995, prior to deploying to South Korea, he was charged with Driving While Ability Impaired (DWAI) and issued a General Officer Memorandum of Reprimand (GOMOR).  He believed the GOMOR was filed in his local record and destroyed upon his deployment.  However, in January 2009, he found out the GOMOR was in the performance section of his Official Military Personnel File (OMPF).  He contends he was never notified the GOMOR was filed in his OMPF.  He believes the GOMOR was placed in his record between October 2004 and January 2009 after he was promoted to major.  

3.  Additionally, he states the Department of the Army Suitability Evaluation Board (DASEB) approved his request to move the GOMOR to the restricted portion of his OMPF but this occurred after the promotion board concluded.  He states he would have chosen another career had he been aware this document was in his OMPF.  He stayed in the Army because he felt he had been given another chance to serve his country and he would be allowed to achieve his full potential.  These extenuating circumstances along with his strong performance record during his nearly 17 years in the Army warrant consideration by the Fiscal Year (FY) 2010 LTC Promotion Selection Board (Primary Zone). 

4.  The applicant provides no additional evidence.


CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a major/O-4 on active duty serving in Kandahar, Afghanistan.

2.  On 13 January 1995, he was arrested by law enforcement officials for DWAI and subsequently convicted of an alcohol related offense in the Fourth District Court in Colorado Springs, CO.

3.  On 21 February 1997, he received a GOMOR from the Commander, Headquarters, Fort Carson, CO and the document was approved for filing in his OMPF.  A review of the applicant's OMPF shows the GOMOR was filed in his OMPF on 24 May 1997. 

4.  He was promoted to CPT on 1 May 1998 and MAJ on 1 October 2004.

5.  On 24 March 2010, the DASEB approved the transfer of the GOMOR dated 21 February 1997, and all related documents, to the restricted portion of the applicant's OMPF.

6.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) specifies in paragraph 3-19 (Promotion Reconsideration Boards) that officers and warrant officers who have either failed selection for promotion, or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a promotion advisory board or a SSB, if appropriate.  This document also provides that promotion advisory boards/special selection boards will convene to correct/prevent an injustice to an officer or former officer who was eligible for promotion but whose records, through error, were not submitted to a mandatory promotion selection board for consideration or contained a material error when reviewed by the mandatory selection board.  

7.  Army Regulation 135-155 defines "material error" as one or more errors of such a nature that in the judgment of the reviewing official (or body) may have caused an individual's non-selection by a promotion selection board and, had such errors been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.

8.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System.  Paragraph 2-3 (Composition of the OMPF) provides that the performance section is used for filing performance, commendatory, and disciplinary data.  It is routinely used by career managers and selection boards.  

9.  Army Regulation 600-8-104, paragraph 4-9 (Rules for Administering Officer Pre-Board Processing) provides that officers in the zone of consideration will review and update their Officer Record Brief and should obtain and review their OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reconsideration for promotion to LTC by an SSB.

2.  He contends that he was never officially notified that the GOMOR, dated 
21 February 1997, would be filed in his OMPF and the document did not appear in his OMPF until after he was promoted to major between October 2004 and January 2009.  Further, these extenuating circumstances and the late filing prevented him from being selected for LTC.

3.  All Soldiers are encouraged to review their OMPF regularly and they are required to review their record prior to promotion boards.  The applicant has not provided evidence to support his contention that he was not officially notified the GOMOR would be filed in his OMPF or that the GOMOR was filed in his OMPF late and this prevented him from being selected for LTC.  

4.  Additionally, there is insufficient evidence to show the GOMOR was not part of his OMPF at the time he was selected for CPT and MAJ.  If the latter scenario were proven to be true, and the GOMOR was not seen by previous selection boards, then the applicant may have benefited from this error as evidenced by his timely promotion.  

5.  There is insufficient evidence to show a material error occurred in the filing of the GOMOR; therefore, his request should be denied. 

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)                                         AR20100020883



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ABCMR Record of Proceedings (cont)                                         AR20100020883



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