BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120008290 


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 Memorandum of Reprimand (MOR), dated 1 December 2004, from his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).

2.  The applicant states he received the MOR during his first period of enlistment and the circumstances regarding the MOR were questionable.  He contends he did not contest the MOR at the time because he was getting out of the Army.  He received a hardship discharge on 17 December 2004 and he was allowed to reenter the military 18 months later without any issues.  He appealed the decision, but never received a response from his former chain of command.  He attests that since he reentered he has been an exemplary Soldier.  He has attained the rank/grade of staff sergeant (SSG)/E-6 and he is currently serving as a platoon sergeant and as the noncommissioned officer in charge of the brigade medical supply office.  He is concerned that if the MOR remains in his record it will give promotion board members an incorrect impression of him.  Now that he has returned to the Army, he has a completely different attitude and is dedicated to the Army mission and lives his life by the Army values.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 2 April 2001.  He was promoted to the rank/grade of specialist (SPC)/E-4 and subsequently laterally appointed to the rank/grade of corporal/E-4.
2.  On 8 August 2004, he operated a vehicle while intoxicated.  As a result, the Commander, 1st Brigade, 2d Infantry Division (2ID), issued the applicant an MOR, dated 1 December 2004, for driving under the influence (DUI) of alcohol.  The commander advised the applicant that the MOR was imposed as an administrative measure and not as nonjudicial punishment under Article 15, Uniform Code of Military Justice.  He also informed the applicant that he intended to recommend that the Commanding General (CG), 2ID, file the MOR in his AMHRR.  Any matters he submitted would be considered before a filing decision was made.  The commander further advised the applicant that if he did not submit matters within the allotted time, the filing decision would be made under the assumption he had nothing to submit.  The applicant acknowledged receipt on the same date with the understanding that he had seven calendar days from that date to submit written matters and that if he failed to do so, the reprimand would be processed for filing without his submission.

3.  On an unspecified date, the applicant submitted a written statement wherein he indicated he had read and understood the unfavorable information presented against him and elected not to make a statement.  The applicant's company, battalion, and brigade level commanders each recommended filing the MOR permanently in his AMHRR.

4.  On 21 December 2004, the CG, 2ID, directed the MOR be filed in the performance section of the applicant's AMHRR.

5.  A review of the applicant's AMHRR reveals the MOR and allied documents are in fact filed in the performance section of his AMHRR.

6.  On 17 December 2004, the applicant was honorably discharged due to hardship.  At the time of his discharge he held the rank/grade of SPC/E-4 and he had completed a total of 3 years, 8 months, and 16 days of active duty service.

7.  On 4 May 2006, the applicant reenlisted in the Regular Army in the rank/grade of SPC/E-4.  He was promoted to sergeant/E-5 on 1 November 2007 and to SSG/E-6 on 1 December 2008.  His record shows that since his reenlistment, he:

	a.  has been awarded:

* two Army Good Conduct Medals
* two Army Achievement Medals
* four Army Commendation Medals



	b.  has completed the following courses:

* Medical Logistics Specialist Course
* Warrior Leader Course
* Basic Noncommissioned Officer (NCO) Course
* Tactical Battle Command Battle Staff Operations Course for the Maneuver Control System and the Command Post of the Future
* Technical Transportation of Hazardous Materials Course
* Department of the Army Equal Opportunity Leaders Course
* Army Medical Department Advanced Leader Course
* Medical Logistics Advanced Leaders Course
* Army Recruiter Course

	c.  has received seven DA Forms 2166-8 (NCO Evaluation Report (NCOERs) wherein:

* he was rated mostly successful or excellent and among the best by his rater and received a successful overall performance and superior rating by his senior rater
* all senior rater comments noted unlimited potential and recommended immediate promotion and attendance of the Advanced NCO Course

8.  Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files, ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual official personnel files, and ensure that the best interests of both the Army and the Soldier are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files.  It states once an official document has been properly filed in the AMHRR, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority.  Only letters of reprimand, admonition or censure may be the subject of an appeal for transfer to the restricted fiche.  Such documents may be appealed on the basis of proof that their intended purpose has been served and that their transfer will 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.  

9.  Army Regulation 600-8-104 (AMHRR Management) provides policies, operating tasks, and steps governing the AMHRR.  This regulation states that only those documents listed in table 2-1 and table 2-2 are authorized for filing in the AMHRR.  Depending on the purpose, documents will be filed in the AMHRR in one of three sections:  performance, service, or restricted.  Table 2-1 (Composition of the AMHRR) shows reprimands are filed in the "Performance" folder unless otherwise directed.  

	a.  Paragraph 2-3 (Composition of the AMHRR) of Army Regulation 
600-8-104 provides that the restricted section of the AMHRR is used for historical data that may normally be improper for viewing by selection boards or career managers.  The release of information in this section is controlled.  It will not be released without written approval from the Commander, U.S. Army Human Resources Command, or the Department of the Army Headquarters selection board proponent.  This paragraph also provides that documents in the restricted section of the AMHRR are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; show corrections to other parts of the AMHRR; record investigation reports and appellate actions; and protect the interests of the Soldier and the Army.

	b.  Folders and documents previously authorized for filing in any part of the AMHRR will remain in the AMHRR.  The AMHRR is an administrative record as well as the official permanent record of military service belonging to a Soldier.  The AMHRR is the historical and authoritative source for authentication of veteran or service-related benefits, entitlements, and services.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that during his first period of enlistment, while serving in pay grade E-4, he was issued an MOR for DUI 2 weeks prior to his discharge.

2.  The MOR proceedings were conducted in accordance with law and regulation and his MOR and allied documents are properly filed in the performance section of his AMHRR as directed by the imposing commander.  There is no evidence of record and the applicant provides no evidence to show the MOR is untrue or unjust.  

3.  Nevertheless, since he reentered the Army 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 an NCO who despite the set-back has Soldiered on with a strong desire to serve and grow.

4.  In view of the foregoing, it is clear that the applicant has learned from his previous mistake and the MOR has served its intended purpose.  Therefore, in the interest of justice, the applicant's MOR should be transferred to the restricted section of his AMHRR.

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 transferring the contested MOR and any allied documents from the performance section of the applicant's AMHRR to the restricted section.

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 removing the contested MOR from his AMHRR.



      _______ _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)                                         AR20120008290



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ABCMR Record of Proceedings (cont)                                         AR20120008290



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