BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20120003925 


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 a General Officer Memorandum of Reprimand (GOMOR) be removed from his official military personnel file (OMPF).

2.  He states on 17 June 2005, the charge of driving while intoxicated was reduced to reckless driving.  He offers the Department of the Army Suitability Evaluation Board (DASEB) granted him full relief of the incident and transferred the GOMOR to his restricted file.  He maintains that since the incident, he has continued to serve in the most demanding positions and excels in his military career.  He opines the GOMOR is keeping him from achieving his Army goal and dream of being selected for promotion to Command Sergeant Major (CSM). 

3.  He provides the following:

* Enlisted Record Brief
* Biography 
* Two supporting letters, dated 19 December 2011
* Nine Noncommissioned Officer Evaluation Reports (NCOERs)
* DASEB Record of Proceedings, dated 27 June 2008
* Certificates awarding him:

* Two Bronze Star Medals 
* Two Meritorious Service Medals
* Army Achievement Medal 
* Air Medal

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he is currently a first sergeant (1SG)/E-8 on active duty.

2.  On 10 December 2004, he received a GOMOR for driving under the influence (DUI).  The GOMOR stated that on 26 November 2004, he was stopped by a Georgia State Patrol Officer after being observed for following another vehicle too closely and traveling at a high rate of speed.  After detecting a strong odor of alcohol, he was administered a breath analysis test that established his blood and alcohol content was 0.144 grams of alcohol per 210 milliliters of breath.  He was cited for DUI (alcohol), possession of an open container, speeding (90/58), and following too closely.  He was a 1SG at the time of the GOMOR.

3.  On an unspecified date, he acknowledge receipt of the GOMOR and on 
3 March 2005, he provided a statement on his behalf.  He stated he was cited for DUI of alcohol.  He offered that he knew it was a violation of both state law and the Uniform Code of Military Justice, but he made a conscious decision to ignore those laws.  He added in doing so, he put not only the lives of others in jeopardy, but also the reputation of his command and the future of his military career.  He continued by providing a synopsis of his accomplishments from the time he entered the military through his assignment as 1SG.  He requested the GOMOR be placed in his local personnel file so that he would have the opportunity to continue to show the Army his character.

4.  On 4 April 2005, the imposing authority directed the GOMOR be filed in his OMPF.

5.  On 2 May 2008, he applied to the DASEB to have the GOMOR transferred from his performance to his restricted file. 

6.  On 27 June 2008, the DASEB approved his request.  The board stated that with the exception of the GOMOR, the applicant had an exemplary career.  He excelled in wherever and whatever he did and his achievements were definitely reflected in his evaluations and evidenced by the numerous awards he earned.  Based on the time lapsed and his performance, the DASEB determined that the intent had been served and transferred the GOMOR to his restricted file.

7.  The applicant provided numerous NCOERs and awards attesting to his outstanding performance of duty before and after the issuance of the GOMOR.  Additionally, he provided two supporting letters, one from his commanding officer and the other from the battalion CSM, that speak highly of his leadership abilities and performance of duty.  They both recommended the GOMOR be removed from his record in its entirety. 

8.  Army Regulation 600-37 (Unfavorable Information) states 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 object decision by competent authority.  Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF.

9.  Army Regulation 600-37 states that the DASEB will transfer from the performance to the restricted portion of the OMPF those administrative letters of reprimand, admonition, or censure that are determined upon appeal to have served their intended purpose, when such transfer would be in the best interest of the Army. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the charge of driving while intoxicated was reduced to reckless driving.  Additionally, he maintains the GOMOR is keeping him from achieving his Army goal and dream of being selected for CSM. 

2.  The GOMOR stated that a breath analysis test established the applicant's blood and alcohol content was 0.144 grams of alcohol per 210 milliliters of breath.  Therefore, he was cited for DUI.  Further, he admitted that he knew DUI was a violation of both state law and the Uniform Code of Military Justice, but he made a conscious decision to ignore those laws.  Regardless of whether or not he "plea bargained" with the court for a lesser offense (reckless driving) is not sufficient grounds to conclude the GOMOR was inaccurate or unjust.

3.  The DASEB transferred the GOMOR to his restricted file based on his exemplary career.  The DASEB considered the time lapsed from issuance of the GOMOR until he requested transfer and his performance and determined that the intent had been served.

4.  There is no evidence and he has not provided any to show that the GOMOR was rendered in error.  Therefore, in the absence of more compelling evidence, there is no basis to grant the relief requested.




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)                                         AR20120003925





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ABCMR Record of Proceedings (cont)                                         AR20120003925



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