IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100021625 


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 transfer of the General Officer Memorandum of Reprimand (GOMOR), dated 5 August 2008, from the performance section to the restricted section of his Official Military Personnel File (OMPF).

2.  The applicant states the GOMOR has served its intended purpose.  He was passed over for promotion to chief warrant officer three (CW3) by the fiscal year 2010 selection board.  He previously requested to have the GOMOR moved to his restricted OMPF but it was denied.  In May 2010 he again requested that it be moved and he received a no action taken denial letter.

3.  The applicant provides:

* Two self-authored statements
* A letter from the Department of the Army Suitability Evaluation Board (DASEB), dated 25 June 2010
* Five letters of support
* DA Forms 67-8 (OER) for the periods 14 February 2008 through 13 February 2009 and 14 February 2009 through 5 October 2009
* Two awards






CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was appointed as a warrant officer in the U.S. Army Reserve (USAR) on 24 August 2005.  He served in various staff and leadership positions within and outside of the continental United States and attained the rank of chief warrant officer two on 24 August 2007.  He was assigned to Headquarters Company, 4th Combat Aviation Brigade, 4th Infantry Division, Fort Hood, TX.

2.  On 5 August 2008, he was reprimanded by the Commanding General (CG) of the 4th Infantry Division, Multi-National Division - Baghdad, after an investigation determined he had an inappropriate relationship with an enlisted Soldier in his unit, Specialist (SPC) C.  The investigation found he had shared a residence with SPC C, prior to deploying to Iraq, and that he paid her for a portion of the living expenses.  The GOMOR stated this type of conduct was prejudicial to good order and discipline, the applicant had placed his own personal interests ahead of the well-being of his unit, the command would not tolerate such behavior, and any future misconduct could result in far more serious consequences.  This GOMOR was an administrative reprimand under the provisions of Army Regulation 600-37 (Unfavorable Information).

3.  The applicant acknowledged receipt of the 5 August 2008 GOMOR and submitted a rebuttal on 15 August 2008, wherein he requested the GOMOR be excluded from his OMPF on the basis that it had served its intended purpose.  He stated he took full responsibility for his actions, admitted he had displayed poor judgment and brought his reputation into question, but the incident was not indicative of his true character and reliability.  He further stated he had maintained his work performance and personal conduct at the highest standards and his evaluations had always shown his performance was nothing short of extraordinary.

4.  On 26 August 2008, after reviewing the GOMOR imposed against the applicant and his rebuttal, the CG, 4th Infantry Division, Multi-National Division - Baghdad, directed the GOMOR be filed in the applicant's OMPF.  The GOMOR is currently filed in the performance section of the applicant's OMPF.

5.  His records show the following accomplishments since receipt of the GOMOR:

	a.  He was awarded the Army Commendation Medal, dated 24 December 2008, for exceptional service while working as the Brigade Battle Captain on 14 December 2008 during a Presidential visit to Iraq.

	b.  An OER for the period 14 February 2008 through 13 February 2009 that shows he was rated outstanding performance, must promote by his rater and best qualified by his senior rater. 

	c.  He was awarded the Bronze Star Medal on 25 March 2009 for exceptionally meritorious service while serving as the Air Defense Airspace Management Officer in Charge and Brigade Battle Captain from 16 June 2008 to 15 June 2009.

	d.  He was awarded the Army Commendation Medal on 15 April 2009 for exceptionally meritorious service while serving as the Air Defense Airspace Management Officer in Charge and Brigade Battle Captain from 1 April 2007 to 1 September 2009.

	e.  An OER for the period 14 February through 5 October 2009 that shows he was rated outstanding performance, must promote by his rater and best qualified by his senior rater. 

	f.  Service School Academic Evaluation Report, from 5 October 2009 through 30 November 2009 that shows he achieved course standards and demonstrated all course abilities satisfactorily while attending the warrant officer advanced course. 

	g. An OER for the period 16 October 2009 through 23 June 2010 that shows he was rated outstanding performance, must promote by his rater and best qualified by his senior rater.

6.  On 22 October 2009, the DASEB denied his request for the transfer of this GOMOR to the restricted portion of his OMPF.

7.  The applicant provided the following:

	a.  A self-authored statement wherein he states, in part, the GOMOR has served its intended purpose as he was not selected for promotion to CW3 during the April 2010 selection board and he learned a valuable lesson.  He has worked diligently and selflessly to demonstrate he is an asset to his unit and the Army. He has served on active duty 15 years, and served in numerous deployments to Iraq (three times), Saudi Arabia, Turkey, and Kuwait.  In addition, he completed his bachelor's degree in September 2009, the warrant officer advanced course in November 2009, and he is currently in graduate school pursuing his master's degree.  He loves serving his country and his professional contributions have been instrumental to the success of his organizations.  The transfer of the GOMOR would allow him to attain his goal of becoming a senior warrant officer and allow him to continue to serve his country.

	b.  In five letters of support, dated between March and May 2010, several more senior officers agreed his GOMOR should be moved to his restricted OMPF and stated he was a dedicated professional, great leader, performed his job in an impeccable manner, and demonstrated a high caliber work ethic.

8.  Army Regulation 600-37 states 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.

9.  A GOMOR 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 of the OMPF.  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 Army Regulation 600-37, chapter 7.

10.  Chapter 7 of the regulation states 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. 

11.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF.  Chapter 2 of this regulation provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.  Table 2-1 (Composition of the OMPF) states documents, including GOMORs, will be placed in the performance or restricted sections as directed by the imposing general officer and as they are received by the custodian.  Documents filed on this OMPF are those that must be permanently kept to record a Soldier’s military service, manage a Soldier’s career, and/or protect the interests of both the Soldier and the Army.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received a GOMOR for misconduct and that it was filed in his OMPF.  He acknowledged he had read and understood the unfavorable information presented against him and submitted a statement in rebuttal.  Subsequently, the GOMOR was referred by a general officer for filing in the performance section of the applicant’s OMPF.  

2.  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 of any violation of any of the applicant’s rights.  His non-selection by a selection board for promotion to CW3 is not solely determinative on whether his GOMOR should be transferred.  He has provided insufficient evidence or argument to form a basis for transferring the GOMOR to the restricted portion of his OMPF. 

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board believed that, based on the Army Regulation 15-6 investigation statements, there was reason to question the seriousness of relationship between the applicant and the E-4.  He may have merely been a boarder for a temporary period prior to deployment.  The Board acknowledged that, nevertheless, the appearance of inappropriateness existed and the GOMOR was appropriately imposed.  However, now that the applicant has received several subsequent good evaluations, it appears that the purpose of the GOMOR has been achieved and it would in the Army's best interest to transfer the GOMOR to the restricted portion of his OMPF.

2.  Therefore, the Board determined that the evidence presented was sufficient to warrant a recommendation for full relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by transferring the GOMOR dated 5 August 2008 to the restricted section of his OMPF.




      _______ _XXX______   ___
               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)                                         AR20100021625



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ABCMR Record of Proceedings (cont)                                         AR20100021625



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