IN THE CASE OF:	

		BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20120016641 


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 the General Officer Memorandum of Reprimand (GOMOR), dated 18 December 2002, and allied documents from his Army Military Human Resource Record (AMHRR).  

2.  He states he:

	a.  received a GOMOR in 2003, he accepted responsibility for his actions, and he has striven to be the best leader the Army has seen.

	b.  applied to the Department of the Army Suitability Evaluation Board (DASEB) in 2008 requesting removal or transfer of the GOMOR to the restricted portion of his AMHRR.  The DASEB decided "The evidence was not established clearly and convincingly that the document under consideration was untrue or unjust and that the presumption of regularity should not be applied."  However, he has never stated that it was untrue or unjust or that the presumption of regularity should not be applied.

	c.  submitted six statements to the DASEB from individuals holding various ranks to substantiate his claim.  The DASEB unanimously agreed to move the GOMOR to the restricted portion of his AMHRR along with the supporting documents.  

	d.  it has been more than 4 years since the GOMOR was placed in his restricted record and he is requesting that this document be stricken from his record on the grounds that the intended purpose has been met.
	e.  does not believe having this incident "over his head" any longer is in the best interest of the Army.  He is human and he made one mistake in his career.  He now teaches others to learn from past mistakes and to move forward.  

	f.  is in line with his peers, but he believes having the GOMOR in his record is a disservice to him and the Army for future progress.  He believes the injustice is not allowing him to compete equally with his peers across the military.  The Army needs great leaders and he is that leader.  

3.  He provides no additional documents.  

CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted his application, he was serving on active duty in the rank of master sergeant (MSG)/E-8.  

2.  On 24 May 1996, the applicant enlisted in the Regular Army and continued to serve through a series of reenlistments.  He was promoted to sergeant on 1 April 1999 and to staff sergeant on 1 February 2001.  

3.  On 18 December 2002, the applicant received a GOMOR for engaging in sexual misconduct with the wife of another Soldier and for failure to obey a lawful order.  

4.  On 20 January 2003, the applicant acknowledged receipt of the GOMOR and elected not to submit a statement or any documents in rebuttal.

5.  On 7 February 2003, the imposing authority directed that the GOMOR be filed in the applicant's AMHRR.

6.  He was promoted to sergeant first class (SFC) on 1 October 2006.

7.  On 30 May 2008, he appealed to the DASEB for removal or transfer of his GOMOR.  On 17 July 2008, the DASEB denied removal of the applicant's GOMOR and allied documents.  The DASEB determined there was substantial evidence to prove the intent had been served and it was in the best interest of the Army to transfer the GOMOR and allied documents from the performance portion to the restricted portion of his AMHRR.  

8.  A review of the applicant's military records in the Interactive Personnel Electronic Records Management System revealed the GOMOR and allied documents were filed in the restricted portion of his AMHRR.  

9.  He was promoted to MSG on 1 July 2010.

10.  Army Regulation 600-8-104 (AMHRR Management) prescribes the policies governing the AMHRR, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Record.  Paragraph 2-4 of this regulation states that once a document is placed in the AMHRR 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, in part, the Army Board for Correction of Military Records (ABCMR) or the DASEB.

11.  Army Regulation 600-37 (Unfavorable Information) prescribes policies and procedures regarding unfavorable information considered for inclusion in official personnel files.  Chapter 3 covers unfavorable information in official personnel files.  

   a.  Paragraph 3-4 applies to filing of nonpunitive administrative letters of reprimand or censure in official personnel files.  
   
   b.  Paragraph 3-4(b) states that a letter, regardless of the issuing authority, 
may be filed in the AMHRR maintained by the U.S. Army Human Resources Command, the Army Reserve Personnel Command, or the proper State Adjutant General (for Army National Guard Personnel) only upon the order of a general officer (to include one frocked to the rank of brigadier general) senior to the recipient by direction of an officer having general court-martial jurisdiction over the individual.  Letters filed in the AMHRR will be filed on the performance portion (P-portion).  The direction for filing in the AMHRR will be contained in an endorsement or addendum to the letter.  

   c.  Paragraph 7-2b(1) 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 18 December 2002, for engaging in sexual misconduct with the wife of another Soldier and for failure to obey a lawful order.  

2.  The evidence of record shows he applied to the DASEB for removal or transfer of the GOMOR.  The DASEB denied his request for removal of the GOMOR, but approved his request for transfer of the GOMOR and allied documents to the restricted portion of his AMHRR.  

3.  His contentions that the GOMOR in his AMHRR is a disservice to him and the Army for future progress and it's an injustice to not allow him to compete equally with his peers across the military are acknowledged.  However, there is no evidence the GOMOR was improperly imposed; therefore, removal is not appropriate.  

4.  Based on the foregoing, there is insufficient evidence to substantiate removal of the GOMOR from the restricted portion of his AMHRR.  

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)                                         AR20120016641



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ABCMR Record of Proceedings (cont)                                         AR20120016641



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