IN THE CASE OF:	  

		BOARD DATE:	  9 February 2012

		DOCKET NUMBER:  AR20120000374 


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 removal of a general officer memorandum of reprimand (GOMOR), dated 27 January 2003, and allied documents from his official military personnel file (OMPF).

2.  The applicant states:

* the GOMOR was imposed in 2003 for a mistake he made in 2002 when he was an active duty enlisted Soldier assigned to the U.S. Army Recruiting Command
* the Board should take into account his assignments, deployment, awards, and military and civilian education progression before and after his mistake
* he regrets his error and asks for forgiveness
* as a great Nation of opportunities and second chances, he wants an opportunity to continue his career as an officer and be able to fairly compete for promotion and assignments with his peers

3.  The applicant provides extracts from his OMPF.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error 


or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Prior to accepting a commission in the U.S. Army Reserve (USAR), the applicant served as a Regular Army and USAR enlisted Soldier.  He completed training and he was awarded the following military occupational specialties (MOS):

* 79V (Retention and Training Noncommissioned Officer)
* 88N (Traffic Management Coordinator)
* 79R (Recruiter)

3.  The highest rank/grade he attained in his enlisted status was sergeant first class (SFC)/E-7.   He completed 17 years, 6 months, and 20 days of total active enlisted service.

4.  On 18 October 2002, while serving in the rank of SFC, the applicant was reprimanded by the Commanding General (CG), Headquarters, U.S. Army Recruiting Command, Fort Knox, KY, for a substantiated recruiting impropriety.  The preponderance of evidence established the applicant assisted in the creation of and knowing use of false education credentials for Army applicants.

5.  On 21 November 2002, the applicant acknowledged receipt of the GOMOR and elected to submit a statement in his own behalf.  

6.  After reviewing the GOMOR imposed against the applicant, his statement in his own behalf, and the chain of command's recommendation, the CG directed the GOMOR be permanently filed in the applicant's OMPF.

7.  The GOMOR was filed in the performance section of the applicant's OMPF.

8.  In addition to accepting a commission in the USAR, he has accomplished the following since imposition of the GOMOR:

* received a Bachelor of Science Degree in Business Administration


* received several NCO Evaluation Reports wherein he was rated among the best with superior overall potential
* received two Officer Evaluation Reports wherein he was rated with outstanding performance, must promote, and among the best 
* awarded an Army Achievement Medal, three Army Commendation Medals, and a Meritorious Service Medal

9.  On 21 December 2004, the applicant requested removal of his GOMOR by the Department of the Army Suitability Evaluation Board (DASEB).

10.  On 31 March 2005, the DASEB denied the applicant's request for removal of his GOMOR.

11.  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 filing determination is made.

12.  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 Army Regulation 600-37, chapter 7.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to remove a GOMOR and allied documents from his OMPF has been carefully considered and found to have partial merit.

2.  The evidence of record shows the applicant received a GOMOR in January 2003 for assisting in the creation of and knowing use of false education credentials for Army applicants.  The GOMOR was filed in the performance section of his OMPF.

3.  A GOMOR is primarily used as a tool for teaching proper standards of conduct and performance.  There is no doubt that after his mistake the applicant 


has rebounded in an outstanding manner.  He has taken big leaps towards improving himself personally and professionally.  He received a commission, completed various training courses, successfully completed several assignments, and received outstanding evaluations.  The GOMOR appears to have served its intended purpose.

4.  Since receipt of the GOMOR, he has revealed nothing but a progressively noteworthy advancement, both in achievements and maturity.  He has proven through performance that he is dedicated to bettering himself and generating a positive influence on those with whom he associates.  His attitude, which is normally recognized as a major ingredient in the success or achievement of an individual, is that of a Soldier who, despite the set-back, has Soldiered on with a strong desire to serve and grow.

5.  His GOMOR and related documents should be filed in the restricted section of his OMPF.  Additionally, it makes little sense to remove the GOMOR from the performance section of his OMPF and leave evidence of his request and the DASEB decision memorandum that shows he received the action in his file.  Accordingly, his request for the transfer of the reprimand to the restricted section of his OMPF, dated 21 December 2004, and the 31 March 2005 DASEB memorandum should also be moved to the restricted section of his OMPF.

6.  Finally, for the same reasons, these Proceedings should be filed in the restricted section of his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:


	a.  moving his GOMOR and related documents to the restricted section of his OMPF;

	b.  moving the following documents to the restricted section of his OMPF:

* the applicant's 21 December 2004 memorandum to the DASEB
* the 31 March 2005 DASEB memorandum

	c.  filing these Proceedings in the restricted section of him OMPF.
   
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to removal of the GOMOR and all related references thereto.



      ___________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)                                         AR20120000374



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ABCMR Record of Proceedings (cont)                                         AR20120000374



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