IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110018304 


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 Special Court-Martial Order Number 12, dated 
6 November 2006, and a Memorandum of Removal from the Drill Sergeant Program with allied documents, dated 25 September 2006, be transferred from the performance section of his Official Military Personnel File (OMPF) to the restricted section of his OMPF.   

2.  The applicant states:

	a.  the special court-martial proceedings and removal letter were imposed over 50 months ago for having an improper relationship with a woman not his wife.  While serving as a drill sergeant during his assignment at Fort Leonard Wood he had an affair with a Soldier who had been previously trained in the company where he served as a drill sergeant.  She returned after graduation of both basic and advanced individual training for schooling to obtain an additional skill identifier.  They met and developed a friendship that later progressed into an improper sexual relationship.

	b.  this was a very selfish act and wrong on his part because he had a great marriage and a good wife.  When this incident was brought to the attention of his chain of command it was very disappointing because they truly trusted him.  He realizes he was wrong to allow himself to get involved in a relationship with another woman and especially one whom he had trained.  He owned up to his actions, asked for forgiveness, and suffered the repercussions of his wrong judgment.  He takes full responsibility for his actions and regrets that he exercised poor judgment by involving himself with a Soldier.
	c.  the intended purpose of the letter has been served.  Over 50 months have passed since the official filings and three Noncommissioned Officer Evaluation Reports (NCOERs) have been filed with no disciplinary infractions.  He has worked diligently to overcome his self-induced obstacles and he has set a standard of conduct to be upheld by himself to prevent any further negative choices.  After the infraction he was given the opportunity and made it a point of duty to speak with all drill sergeants in the organization of the consequences of making wrong choices as he did.

	d.  he is a very competent Solider and natural-born leader.  He has excelled above the normal to be a vital asset to the Army, his unit, and his Soldiers.  Immediately following the filing of this letter he was promoted to the rank of E-6 within a few months and awarded the Army Commendation Medal.

	e.  upon his assignment in Korea he was selected to be placed in an E-7 position as a newly-appointed staff sergeant.  He was awarded the Coin of Excellence and awarded the Meritorious Service Medal.

	f.  he has upheld a great standard of conduct and proudly holds many distinct awards such as Sergeant Morales Member, Audie Murphy Member, and the Dragon Soldier Award.

	g.  the purpose of the letter of reprimand was to prevent promotion; it has served its purpose very well.  He was reduced to the rank of specialist and has been again promoted to staff sergeant.  Two centralized promotion boards have convened since the filing of the letter.  Consequently, he was not selected for promotion and has thus far propelled himself to prove he is capable of overcoming the poor decision made in his past by surpassing normal standards.

      h.  he has honorably served for over 12 years and has never fallen subject to disciplinary actions taken against him.  He has the honor of having a family that has forgiven his shortcomings and a command of leaders who have entrusted his qualifications which exceed the rank that his uniform represents.

	i.  he is requesting the court-martial proceedings and letter of removal be transferred to the restricted fiche so he may be allotted the opportunity to fully compete for promotion.  The reprimand describes a decision in his career that was a turning point both morally and physically which allowed him to grow and learn in a manner that was transparent to all who knew of him.




3.  The applicant noted the following achievements:

* He was awarded the Army Commendation Medal in August 2007
* He won the 8th U.S. Army Boxing Championship Heavy Weight Division in October 2007 and received a Coin of Excellence
* He received a Coin of Excellence in April 2008
* He was awarded the Commander's Coin of Excellence in June 2009
* He received the Army Commendation Medal in December 2010
* He received a certificate of honorary induction into the Sergeant Morales Club  

4.  The applicant provides:

* Two character reference letters
* Enlisted Record Brief
* Three NCOERs
* Certificate of Membership in the Sergeant Morales Club

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 June 1998 and is currently serving on active duty in the rank of staff sergeant.

2.  A Memorandum of Removal from the Drill Sergeant Program, dated 
21 August 2006, shows the applicant was removed from the program effective 
17 August 2006.  A memorandum, dated 25 September 2006, states a copy of the removal memorandum and all allied documents will be filed in the applicant's OMPF. 

3.  Special Court-Martial Order Number 12, dated 6 November 2006, shows that on 16 August 2006, the applicant, a staff sergeant, was convicted by a special court-martial of violating a lawful general regulation (wrongfully engaging in conduct of a sexual nature with a trainee), committing sodomy with the trainee, obstructing justice, and adultery.  He was sentenced to be reduced to E-4, to be confined for 3 months, and to serve hard labor without confinement for 
1 month.  On 6 November 2006, the convening authority approved the sentence. 

4.  Records show the applicant was promoted to sergeant on 1 July 2007 and staff sergeant on 1 December 2007.  His NCOERs for the periods 1 July 2007 through 31 December 2010 show his rater rated him "Among the Best" in his overall potential for promotion and/or service in positions of greater responsibility and his senior rater rated him "Successful" in overall performance and "Superior" for overall potential for promotion and/or service in positions of greater responsibilities. 

5.  A review of the performance section of the applicant's OMPF on the interactive Personnel Electronic Records Management System (iPERMS) revealed a copy of the special court-martial order and memorandum with allied documents in question.    

6.  He provided a character reference letter from a command sergeant major who requests the unfavorable actions standing in the way of the applicant's ability to be promoted be transferred into his restricted fiche so he is given an opportunity to compete for promotion with his peers.  He attests:

* He was the applicant's first sergeant in 2006
* He was greatly disappointed in his actions
* He had and still has faith in the applicant
* Even though the applicant made a very poor decision he believes the applicant has learned from his mistake and has implemented every Army value into every decision that he now carries out
* The applicant has shown that his past decision is not a direct reflection of who he has become
* He has established standards that are far beyond the expectations of his rank
* He is fully convinced the applicant has learned from the decisions he made and has worked above and beyond to prove he is capable of greater accomplishments in the Army
* He is fully capable of being a great asset to the NCO Corps   


7.  He also provided a character reference letter from a retired command sergeant major who highly recommends the court-martial order and letter of removal be transferred to the restricted section of the applicant's OMPF.  He attests:

* He worked with the applicant for over 2 years and in his 30-year career has never seen such a dedicated NCO
* He personally recommended the applicant for drill sergeant duty because of his potential and unmatched drive as a young Soldier
* Prior to the incident the applicant's performance was nothing short of superb
* He was an outstanding trooper
* He made a costly error that was detrimental to himself, his family, and the Army
* He believes the applicant will continue to use this infraction as a propelling force to mentor his Soldiers, his peers, and seniors alike to learn from his mistake
* It will be a loss to the Army if the applicant is not able to advance through his career 

8.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides policies, operating tasks, and steps governing the OMPF.  Table 2-1 of this Army regulation states:

* court-martial orders will be filed in the performance fiche when there is an approved finding of guilty on at least one specification
* administrative letters of reprimand, admonitions, and censures of a non-punitive nature (includes drill sergeant reliefs) and other allied documents will be filed in the performance fiche

DISCUSSION AND CONCLUSIONS:

The special court-martial order and memorandum with allied documents are properly filed in the applicant's military records in accordance with the governing regulation.  The applicant’s subsequent good service, promotions, and the character reference letters are acknowledged.  However, it would not be equitable to place the applicant on the same competitive footing as Soldiers who have no blemish on their records.  Therefore, there is no basis for granting the applicant’s request that this special court-martial order or Memorandum of Removal from the Drill Sergeant Program with allied documents be transferred from the performance section to the restricted section of his OMPF. 

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)                                         AR20110018304





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ABCMR Record of Proceedings (cont)                                         AR20110018304



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