IN THE CASE OF:	  

		BOARD DATE:	    27 October 2011

		DOCKET NUMBER:  AR20110018542 


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 removal of a general officer memorandum of reprimand (GOMOR) from his official military personnel file (OMPF).

2.  He states the intent was the GOMOR would be filed in his OMPF 2 years and that the 2 years expired in November 2010.

3.  He provides a copy of the GOMOR and a letter from the State Judge Advocate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired Virginia Army National Guard (VAARNG) sergeant major (SGM) who enlisted in the ARNG on 11 November 1987 and served in a variety of stateside and/or overseas assignments.   He was assigned to the 116th Infantry Brigade Combat Team, Staunton, VA.

2.  On 23 November 2008, the applicant was reprimanded by the Assistant Adjutant General, VAARNG.  The GOMOR stated the imposing officer reviewed an Army Regulation 15-6 (Procedures for Investigating Officers and Board of Officers) investigation concerning allegations that he had an inappropriate relationship with first lieutenant (1LT) BV and based on that review, there was overwhelming evidence he violated the Uniform Code of Military Justice.  In addition, the evidence indicated he had sexual relations with 1LT BV (adultery).  The GOMOR also indicated this reprimand would be filed in the applicant's OMPF 2 years.
3.  On 9 January 2009, the applicant was presented the GOMOR and indicated he would submit a statement on his own behalf.  His statement is not available for review with this case.

4.  The applicant was honorably discharged from the ARNG and transferred to the Retired Reserve on 19 May 2009.  His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows he completed over 23 years of service for pay.

5.  The GOMOR is currently filed in the restricted portion of the applicant's OMPF.

6.  He provides a memorandum from a VAARNG State Judge Advocate officer who endorses his request to have the GOMOR removed.  

7.  Army Regulation 600-37 (Unfavorable Information) provides that 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 a filing determination is made.

8.  A memorandum of reprimand 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.  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 chapter 7 of Army Regulation 600-37.  Paragraph 7-2 (Policies and standards) provides that once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority.  Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF. 

9.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) governs the composition of the OMPF and states that the performance section is used for filing performance, commendatory, and disciplinary data.  Once placed in the OMPF, the document becomes a permanent part of that file.  The document will not be removed from or moved to another part of the OMPF unless directed by certain agencies, to include this Board.  Table 2-1 states that administrative letters of reprimand, admonitions, and censures of a non-punitive nature are filed in the performance section of the OMPF.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant had an inappropriate and adulterous relationship with a 1LT.  Accordingly, he received a GOMOR.  He was afforded the opportunity to review all of the evidence against him and to submit matters on his own behalf prior to a final filing decision.  Subsequently, the GOMOR was referred for filing in his OMPF.

2.  The imposing officer did not have the authority to place limits on how long a GOMOR would be filed in the applicant's OMPF.  If his intent was not to penalize the applicant, he could have ordered it filed in the local file.  He did not do so.  Once the GOMOR was filed on the applicant's OMPF, it became a permanent record and will not be removed from or moved to another part of the OMPF unless directed by certain agencies, to include this Board.

3.  The quality of service of a Soldier in the Army is affected by conduct that is of a nature to bring discredit in the Army or prejudicial to good order and discipline. The applicant was a senior noncommissioned officer (NCO) in a position of trust and authority.  He violated that trust.  His conduct was inexcusable and his actions brought discredit to himself, the NCO Corps, and the Army.  His actions displayed a lack of discipline and raised questions about his ability to effectively perform as a leader.  The GOMOR was correctly filed.  The applicant has not proven this GOMOR to be either untrue or unjust. 

4.  In view of the foregoing evidence, there is insufficient evidence to grant the applicant the requested relief.

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 caseare 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)                                         AR20110018542



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ABCMR Record of Proceedings (cont)                                         AR20110018542



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