IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012 

		DOCKET NUMBER:  AR20120009277 


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 placement on the Retired List in the rank/grade of lieutenant colonel (LTC)/O5.

2.  The applicant states:

	a.  The Army Grade Determination Review Board (AGDRB) reviewed his retirement in lieu of elimination and approved his retirement at the rank of major (MAJ) instead of LTC.

	b.  He served the Army honorably and satisfactorily for over 24 years.  His record illustrated his dedication to the Army, reaching the rank of LTC before the unfortunate incident of 31 March 2010.  He had 5 years time in grade as an LTC before the incident and the administrative actions that were taken.  He still continued to serve in positions of higher responsibility.  Based on his complete record he believes that he is entitled to retire in the grade of LTC.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows he was appointed in the U.S. Army Reserve, as a second lieutenant, on 27 May 1987, with prior enlisted service.  He entered active duty on 19 August 1988.  He was promoted to LTC on 1 April 2005.

2.  On 24 May 2010, he was issued a General Officer Memorandum of Reprimand (GOMOR) for driving while under the influence of alcohol, reckless driving, fleeing the scene of an accident, failure to report an accident, and assault by automobile.  It was directed the GOMOR be permanently filed in his OMPF.

3.  On 21 June 2011, a board of officers convened and, after reviewing the applicant's overall record and the incident that resulted in the referral of the file, recommended the applicant be removed from the Fiscal Year 2009 (FY09) colonel promotion selection list on 21 June 2011.

4.  On 26 September 2011, an Executive Order removed the applicant's name from the FY09 colonel promotion list.

5.  On 24 October 2011, the Commanding General, U.S. Army Human Resources Command (HRC), Fort Knox, KY, notified the applicant of his identification by the FY12 Colonel/GS-15 Acquisition Key Billet and FY11 Army Competitive Category Section Service College Selection Board to show cause for retention on active duty, under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 4-2b, because of misconduct, moral or profession dereliction.  The memorandum stated the action was based on the following specific reasons for elimination:

* a series of substantiated derogatory activity resulting in a GOMOR, dated 12 May 2010 and a referred Officer Evaluation Report for the period 24 May 2007 - 30 June 2010, which were filed in his official military personnel file
* conduct unbecoming an officer as indicated by the foregoing items

6.  He was advised of his rights, to include submitting his resignation in lieu of elimination according to Army Regulation 600-8-24, chapter 4.

7.  On 16 December 2011, the Commanding General, U.S. Army Aberdeen Proving Ground, Aberdeen Proving Ground, MD, recommended the applicant be referred to a Board of Inquiry to determine whether he should be retained on active duty.  On 24 February 2012, the Commanding General notified the applicant that he decided to continue with the initiation of elimination processing in the applicant's case.

8.  On 18 April 2012, the applicant submitted a request for a retired grade determination in the rank of LTC.

9.  On 30 March 2012, the applicant's request for retirement in lieu of elimination was forwarded to the Deputy Assistant Secretary of the Army (Review Boards) for appropriate action.

10.  On 10 May 2012, upon review by the AGDRB, Deputy Assistant Secretary of the Army (Review Boards) approved the applicant's retirement in lieu of elimination with his placement on the retired list in the grade of MAJ.

11.  Army Regulation 600-8-2, prescribes the officer transfer from active duty to the Reserve Components and discharge functions.  Paragraph 4-2b specifies elimination action may be or will be initiated for misconduct, moral or profession dereliction.  An officer recommended for elimination by a Board of Inquiry will have their case referred to a Board of Officers.  An officer may submit a completed Resignation in Lieu of Elimination or a Request.  The AGDRB in accordance with Army Regulation 15-80 (AGDRB and Grade Determinations) will make a determination of the highest grade served in satisfactorily.

12.  Title 10, U.S. Code, section 1370(a) states that unless entitled to a higher retired grade under some other provisions of law, a commissioned officer of the Army who retired under any provision of law other than chapter 61 or chapter 1223 of this title shall, except as provided in paragraph (2), be retired in the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army, for not less than 6 months.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was issued a GOMOR on 24 May 2010 for driving while under the influence of alcohol, reckless driving, fleeing the scene of an accident, failure to report an accident, and assault by automobile.  

2.  On 24 October 2011, he was notified of his identification to show cause for retention on active duty because of misconduct, moral or professional dereliction. On 18 April 2012, he requested retirement in lieu of elimination in the grade of LTC.  

3.  On 10 May 2012, the Deputy Assistant Secretary of the Army (Review Boards) approved his retirement in lieu of elimination and directed his placement on the retired list in the grade of MAJ.

4.  The applicant's contentions have been noted and found not to have merit.  The applicant as a senior commissioned officer was required to set high personal and professional standards of conduct.  His conduct which resulted in the GOMOR raised serious questions about his judgment, self-discipline, and integrity.  His actions led to the initiation of elimination and he elected to submit a retirement in lieu of elimination.  Based on the seriousness of his misconduct, he failed to serve satisfactorily in the grade of LTC for retirement purposes.

5.  He did not provide sufficient evidence or a convincing argument to support his request.  There is insufficient evidence to show his placement on the retired list in the grade of MAJ was inaccurate, unjust, flawed, or improper.  Therefore, he is not entitled to 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 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)                                         AR20120009277





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ABCMR Record of Proceedings (cont)                                         AR20120009277



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