IN THE CASE OF:	  

		BOARD DATE:	    8 May 2012

		DOCKET NUMBER:  AR20110021264 


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 his General Officer Memorandum of Reprimand (GOMOR) be transferred to the restricted portion of his Official Military Personnel File (OMPF).

2.  The applicant states, in effect, as a brand new second lieutenant (2LT), he made a regrettable mistake; however, the GOMOR he received has served its intended purpose.  The applicant was scheduled to be considered, for the second time, by a promotion board to the rank/grade of major/O-4 in January 2012.  By retaining a GOMOR issued to him while performing duties in the active component in the rank/grade of 2LT/O-1 in 1998 is now unjust.  He further states, he is currently a captain (CPT) and integral part of the Texas Army National Guard (TXARNG) and feels the GOMOR is no longer a reflection of his character.

3.  The applicant provides a letter of reference from a general officer, a memorandum of support from his immediate supervisor, and a plethora of documents, many of which are contained in his OMPF.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the rank/grade of CPT/O-3 in the TXARNG.  

2.  On 15 September 1998, the applicant received a GOMOR for operating a vehicle while under the influence of alcohol.  The GOMOR was imposed as an administrative measure and not as punishment under Article 15 of the Uniform Code of Military Justice.  

3.  The applicant acknowledged receipt of the GOMOR and elected to submit matters on his behalf.  

4.  On 21 September 1998, the applicant submitted a rebuttal to the GOMOR and requested that it be filed in his local file.  The applicant made the following statements in his own behalf:

* He is sorry and accepts responsibility for his actions
* Since the incident he no longer consumes alcohol and feels fortunate no accident or injury resulted from his poor decision
* He has learned from his mistake and assures it will never happen again 
* Words could not express how much he regrets placing his military career in jeopardy

5.  On 25 September 1998, a general officer directed the GOMOR be filed in the performance fiche of the applicant's OMPF.  The GOMOR and allied documents are filed on the applicant's performance fiche.

6.  The applicant provided a letter of recommendation from his immediate supervisor.  It recommended the applicant’s GOMOR be removed from his OMPF as the intended purpose of the GOMOR had been met and the removal is in the best interest of the Army.  The letter attests to the applicant’s character, professionalism, and leadership qualities.  

7.  He further provides a letter from a general officer of the TXARNG who attests the applicant has learned from his mistake, accepted responsibility, and is a highly dedicated citizen-Soldier who as a combat-proven leader, served with exceptional gallantry during Operation Enduring Freedom in Afghanistan in  2005-2006, and during Operation Iraqi Freedom in 2009-2010.

8.  The applicant provides and his record contains numerous awards and decorations which include but are not limited to:  the Bronze Star Medal, Joint Service Commendation Medal, 3 Army Commendation Medals, as well as the Iraq and Afghanistan campaign medals.  He further provides his Officer Evaluation Reports from May 2000 through December 2010 in which he was rated as “Best Qualified” with supportive comments.  

9.  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 U.S. Army Human Resources Command, the OMPF custodian when documents have been improperly filed, Human Resources Command, 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.

10.  Army Regulation 600-37 (Unfavorable Information) states that unfavorable documents may be appealed on the basis of proof that their intended purpose has been served and that their transfer would be in the best interest of the Army.  The burden of proof rests with the recipient to provide substantial evidence that these conditions have been met.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received a GOMOR on 15 September 1998 for operating a motor vehicle while under the influence of alcohol.  

2.  The evidence of record shows the GOMOR and allied documents are properly filed on the performance fiche of the applicant's OMPF in accordance with applicable regulations.

3.  The letters the applicant provided and the awards that he received speak highly of the applicant’s performance of duty and outstanding leadership qualities.  His OERs rendered after the issuance of the GOMOR show he has been consistently rated as “Best Qualified” by his rating officials.  Further, it has been over 13 years since the rendering of the GOMOR.  This would appear to substantiate his claim that the intent of the GOMOR has been served.

4.  Based on the foregoing, it would be equitable to transfer the GOMOR and all allied documents to the restricted portion of the applicant's OMPF.








BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by transferring the GOMOR and all allied documents to the restricted portion of the applicant's OMPF.




      __________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)                                         AR20110021264



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ABCMR Record of Proceedings (cont)                                         AR20110021264



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