BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100024400 


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 a General Officer Memorandum of Reprimand (GOMOR), dated 16 October 2006, be removed from the performance section of his official military personnel file (OMPF) or, in the alternative, the GOMOR be transferred to the restricted section of his OMPF.  

2.  The applicant states the GOMOR is untrue (in whole or in part), prejudicial, misleading, and unjust.  The GOMOR focused on him leaving his MTF [Military Treatment Facility] without physician coverage, and properly informing his chain of command of his absence during a 2006 tour in Iraq.  He contends two sworn statements rebut these allegations in that he arranged physician coverage for the MTF before his brief period of absence and he properly notified TMC [Troop Medical Clinic] personnel before his departure.  Additionally, he states the two sworn statements were not made available to him after the comment period and the finalization of the GOMOR.  On 14 December 2009, he was informed the 2006 GOMOR was blocking administrative approval of his next mission and continued service.  

3.  In a memorandum, dated 18 August 2010, he states the purpose of his mission off post was to send items by official mail to his home of record in Alabama since the unit's CONEX [Container Express] was going to Utah and official mail was not available at the CSC [Convoy Support Center] Scania.  The conjecture that his absences "could be extremely detrimental to operations" was not true, either hypothetically or in fact.  He was not the only physician for the CSC Scania TMC.  Although the GOMOR was intended to be administrative and not punitive, it has resulted in many serious, negative, punitive consequences. 
4.  He states it has now been 4 years since the incident and this is the only unfavorable record in his OMPF.  Since 2006, he has honorably and effectively deployed twice more to the combat zone.  He fully understands the need for high standards and accountability as a senior officer in the U.S. Army Medical Corps.  He believes his actions show he has given proper attention to the matter and has proven his ethics and reliability.

5.  The applicant provides:

* A list of his service, courses, tours, and awards
* Five letters of endorsement
* Four letters of recommendation
* Two Officer Evaluation Reports
* Letter of mission non-concurrence
* Three U.S. Postal Service Customs Declarations
* Two sworn statements
* GOMOR and related documentation

CONSIDERATION OF EVIDENCE:

1.  He was commissioned a major in the Army National Guard, Medical Corps, on 28 March 1985.  He was promoted to colonel on 16 March 2001.

2.  On 16 October 2006, the applicant received a GOMOR for conduct unbecoming of an officer (he left his place of duty without properly informing his chain of command of his absence on 2 October 2006 during Operation Iraqi Freedom).  The GOMOR states "As the only physician for the 144th Area Support Medical Company's TMC at CSC, Scania, any unscheduled absence on your part could be extremely detrimental to operations.  You conducted yourself in a manner unbecoming an officer in the U.S. Army, especially of an officer holding the rank of colonel and the responsibilities for the position that you held."   
  
3.  On 25 October 2006, the commanding general directed the GOMOR be filed in the applicant’s OMPF.

4.  On 30 November 2007, he was honorably released from the Army National Guard and assigned to the U.S. Army Reserve Control Group (Retired).  He was ordered to active duty in 2008 and 2009 in support of Operation Iraqi Freedom.  He was placed in the Retired Reserve on 30 October 2009.    



5.  In support of his claim, he provided a sworn statement, dated 17 October 2006, from a specialist (medic).  He attests on 3 October 2006 while crossing the mechanic's bay on his way to lunch he encountered the applicant and the applicant told him he was getting on a flight to Camp Echo and that Captain T was covering for him.  He went back to the clinic to ask the noncommissioned officer-in-charge (NCOIC) if he knew the applicant was leaving and the NCOIC said he did not.  He went into the break room and told the Soldiers there.  A specialist said the mail people told the applicant he needed to go to Camp Echo to arrange for his personal mail to be shipped home free.  He later encountered Captain T who told him the applicant had asked if she would cover for him but he never told her when he was leaving.  He told the first lieutenant who arranged the flight for Combat Stress that the TMC staff told him to make arrangements for his flight.  

6.  He provided a sworn statement, dated 19 October 2006, from Captain T.  She attests on 2 October 2006 the applicant approached her and indicated he had some very important personal business he needed to complete before his departure, that he would be off post for a short time to complete this business, and asked if she would cover for him medically during the period he was gone.  She tried to clarify if he meant sick call or emergencies but he was very vague.  He made it clear this was personal business and he really didn't want many people to know and asked that she keep it quiet.  He said he didn't know when he would be going and he may have a very short notice prior to his departure.  Therefore, he might not have time to find her to let her know when he was leaving.  She agreed to cover for him in case of medical emergencies and told him his medics all knew how to contact her on the radio.

7.  She further states on 3 October 2006 she got a call from medical operations stating the applicant wanted to see her.  When she arrived at the office the staff told her the applicant stopped by the office and asked them to call her and he left.  There was no message.  She went directly to the TMC in an attempt to locate the applicant.  This is when she found out the applicant was seen going to the landing zone by a medic and the applicant told the medic he was leaving for a while.  The NCOIC of the TMC told her the applicant did not tell him he was leaving, where he was going, or when he might return.  The NCOIC asked her if she knew anything about this and she recounted her conversation with the applicant.  She was disturbed the NCOIC of the TMC was unaware of the applicant's intended absence primarily because the applicant had the responsibility to locate the physician on call in case of an emergency.  Although she had agreed to cover in the event of a medical emergency, in her opinion, it was imperative that the TMC staff know who to call.  Although the applicant had asked her to keep his planned temporary departure "quiet" she assumed he had gone through proper channels to obtain permission to leave post as well as informed the TMC personnel of the alternate coverage arrangement.      

8.  He also provides numerous letters of endorsement and recommendation from fellow officers.  

9.  A review of the applicant’s performance section of his OMPF on iPERMS [interactive Personnel Electronic Records Management System] revealed a copy of the 16 October 2006 GOMOR in question.   

10.  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 Department of the Army Suitability Evaluation Board, 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.

11.  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.

12.  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.  The applicant, a colonel, received a GOMOR for leaving his place of duty without properly informing his chain of command of his absence during his deployment in Iraq.  

2.  He contends the GOMOR should be removed from his OMPF because it is untrue (in whole or in part), prejudicial, misleading, and unjust because he arranged physician coverage before his brief absence and he properly notified his TMC personnel before departure.    

3.  Although he provided a sworn statement from Captain T which states she agreed to cover for him in a medical emergency on 2 October 2006, she also assumed he had gone through proper channels to obtain permission to leave post as well as informed the TMC personnel of the alternate coverage arrangement.  He also provided a sworn statement from a medic who was on his way to lunch who happened to encounter the applicant before his flight.  At that time, the applicant told the medic he was getting on a flight and Captain T was covering for him.  

4.  He contends if the GOMOR is not removed from his OMPF it should be transferred to his restricted fiche because it has served its purpose and it is in the best interests of the Army to do so.  However, the evidence does not provide substantial evidence the GOMOR has served its intended purpose and that it's transfer to the restricted section of his OMPF would be in the best interest of the Army.

5.  There is no evidence that the GOMOR was improperly imposed.  The 
16 October 2006 GOMOR was properly filed in the performance section of the applicant’s OMPF.  Therefore, there is no basis for granting the applicant's requests.

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)                                         AR20100024400



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ABCMR Record of Proceedings (cont)                                         AR20100024400



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