IN THE CASE OF:	  

		BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20110000051 


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 that general officer memoranda of reprimand (GOMORs), dated 9 April 1997 and 15 March 2005, be removed from the restricted section of his official military personnel file (OMPF).  

2.  The applicant states the GOMORs have placed him in a position below standard, there are no excuses for his actions, and the reprimands were placed in his file to halt any further advancement in his career.  He is truly grateful that no lives were taken or altered during the incidents.  They have shown him a new purpose and direction.

3.  Further, he states that his career was spared; however, the incidents have been hovering over it.  He continues to prove his worthiness as a professional Soldier and noncommissioned officer.  Reaching his 18th year of service and fourth selection passover, he suspects that the reprimands are keeping him from being selected.  Since 2005 his records have been nothing less than impeccable.  His records and qualifications are equal to or above some of the individuals who were selected for promotion.  

4.  Additionally, he states the GOMORs have served their purpose.  He would like his performance over the past 5 years to be taken into consideration.  The GOMORs are preventing him from reaching his full potential in the Army. 



5.  The applicant provides:

* Prior DD Form 149 (Application for Correction of Military Record) sent to the ABCMR
* ABCMR's response
* GOMORs in question
* Enlisted Record Brief
* 15 Noncommissioned Officer Reports (NCOERs) 

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Regular Army on 27 May 1992 and he has remained on active duty through continuous reenlistments.  He was promoted to specialist,   E-4, on 1 April 1995.   

2.  On 9 April 1997, he received a GOMOR for driving under the influence (DUI) (apprehended by civilian police on 1 March 1997 for suspicion of DUI of alcohol).  A breathalyzer test was administered and resulted in a finding of .20 grams of alcohol per 210 liters of breath.  On 6 June 1997, the commanding general directed the GOMOR be filed permanently in the applicant's OMPF.

3.  He was promoted to staff sergeant on 1 July 2004.

4.  In December 2004, he submitted a request to the Department of the Army Suitability Evaluation Board (DASEB) to remove the 1997 GOMOR from his OMPF.  

5.  On 15 March 2005, he received a GOMOR for DUI (cited with DUI on 
17 January 2005).  On 26 April 2005, the commanding general directed the GOMOR be filed in the applicant's OMPF.

6.  On 31 March 2005, the DASEB voted to approve his appeal and transferred the 1997 GOMOR to the restricted portion of his OMPF based upon intent served.

7.  In June 2006, September 2006, and October 2007, the DASEB denied his requests to remove the 2005 GOMOR from his OMPF.

8.  In October 2007, he submitted a request to the Army Special Review Boards (ASRB) to remove 15 March 2005 GOMOR from his OMPF.  On 24 January 2008, the ASRB voted to approve the appeal and transferred the GOMOR and all related documents to the restricted portion of his OMPF based upon intent served.
9.  A review of the restricted section of his OMPF on the integrated Personnel Electronic Records Management System revealed copies of the GOMORs in question.

10.  He provided 7 NCOERs for the period September 2005 to May 2010 which show he was rated "Among the Best" by his rater and his overall performance was rated "Successful" by his senior rater.

11.  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 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 and the DASEB/ASRB, among several other agencies.  Table 2-1 of the regulation also provides, in pertinent part, that administrative letters of reprimand will be filed in the performance section.  

12.  Army Regulation 600-8-104 states, in pertinent part, that disciplinary information filed on the restricted section of the OMPF will be provided to the Command Sergeant Major (CSM/sergeant major (SGM) promotion, SGM Academy selection, and CSM/SGM retention boards to ensure the best qualified Soldiers are selected for these positions of highest trust.

DISCUSSION AND CONCLUSIONS:

1.  He contends the GOMORs are keeping him from being selected for promotion.  However, the restricted section of his OMPF would not normally be provided to an E-7 selection board; therefore, the GOMORS should not affect the chances for his next promotion.  

2.  His desire to have a 14-year old GOMOR and a 6-year old GOMOR removed from his files for promotion purposes is understandable.  However, driving under the influence of alcohol is an extremely serious offense.  Promotion and school selection board members are experienced and capable of distinguishing between an indiscretion and a "problem" record of service.  In the event a selection choice comes down between two Soldiers with an equal record of service, all information properly filed on an OMPF must be available to board members in order to equitably make their selection choice.  Given the above and the fact the GOMORs were properly filed on his OMPF, and subsequently transferred to the restricted section of his OMPF as directed by the DASEB and ASRB based upon intent served, it would not be equitable to remove the GOMORs from the restricted section of the applicant's OMPF, and they should remain there as a historical record.

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)                                         AR20110000051



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ABCMR Record of Proceedings (cont)                                         AR20110000051



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