IN THE CASE OF:	  

		BOARD DATE:  6 December 2012

		DOCKET NUMBER:  AR20120017473 


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 transfer of a General Officer Memorandum of Reprimand (GOMOR) and Department of the Army Suitability Evaluation Board (DASEB) memorandum from the performance section to the restricted section of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File.

2.  The applicant states the GOMOR has served the imposing authority's intended purpose in that it immediately prevented his selection for promotion to the rank of master sergeant (MSG).  In addition, imposition of the GOMOR prevented him from being a candidate for positions in the White House Communications Agency, Asymmetric Warfare Group, and as a Drill Sergeant.

   a.  He states he is deeply ashamed and apologetic for his lack of sound judgment.  He acknowledges that he demonstrated a gross error in judgment.

   b.  The incident has instilled in him the drive to excel in his professionalism in the service of the U.S. Army.  He has used the incident as a learning experience and one which he continues to draw upon in striving to improve himself.

   c.  He adds that since then he:

* was awarded the Master Parachutist Badge, Army Commendation Medal, Army Achievement Medal, Military Outstanding Volunteer Service Medal, and Bronze Order of Mercury
* completed the Unit Movement Officer and Transportation Coordinators - Automated Information for Movement System II courses
* qualified for CompTIA certifications in A+ Essentials and Practical Application, Network+, and Security+
* was issued a top secret security clearance with access to special compartmented information

3.  The applicant provides eight letters of recommendation, copies of eight
DA Forms 2166-8 (Noncommissioned Officer Evaluation Reports (NCOERs)), two award documents, and six training certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 8 March 1995.

2.  He is currently serving on active duty in the Regular Army as a sergeant first class (SFC) in military occupational specialty 25S (Satellite Communication Systems Operator/Maintainer).  He was promoted to SFC effective 1 April 2006.

3.  A review of the applicant's AMHRR shows that a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice (UCMJ)), was imposed by Major General (MG) D____ P. F____, Commander, Special Operations Command, Camp H.M. Smith, Hawaii, as punishment for the applicant's misconduct on 26 May 2006.  This document is filed in the restricted section of his record.

4.  On 10 July 2006, the MG ____ issued a GOMOR to the applicant for driving under the influence of alcohol, causing a one-car accident, damaging the Admiral Clarey Bridge guard shack and a barricade, and injuring himself and a junior Soldier.

	a.  The GOMOR states the applicant violated Articles 108, 111, and 134 of the UCMJ.  He was reprimanded for his egregious conduct that demonstrated a disregard for the standards expected of a senior NCO, and his failure to conduct himself in a professional and lawful manner.

	b.  The GOMOR was imposed as an administrative measure and not as punishment under Article 15 of the UCMJ.

5.  The applicant acknowledged receipt of the GOMOR and submitted his response.  A copy of his response is not filed in his AMHRR.

6.  On 31 July 2006, after considering the circumstances surrounding the reprimand, the recommendations of the applicant's chain of command, and the applicant's response, the approving authority directed the GOMOR be filed in the applicant's AMHRR.

7.  The GOMOR, chain of command's recommendation, filing directive, and notification to the applicant are filed in the performance section of the applicant's AMHRR.

8.  On 3 March 2008, the applicant submitted a request to the DASEB for the transfer of the GOMOR to the restricted section of his AMHRR based on his exemplary record prior to and since the incident and based on the fact that his "NCOER for that period reflects (his) poor judgment."

9.  A DASEB, memorandum, dated 2 April 2008, notified the applicant that the board voted to deny the transfer of the GOMOR.  The DASEB memorandum is filed in the performance section of his AMHRR.  The DASEB Record of Proceedings is not filed in his AMHRR.

10.  A review of the applicant's AMHRR shows:

   a.  the NCOER covering the period of the incident shows he was rated "needs some improvement" in "Values/NCO Responsibilities:  Competence" with the comment "exercised poor judgment while deciding to drink and drive, involved in an accident and placed two Soldiers' lives in danger."  The NCOER is filed in the performance section of his AMHRR;

   b.  eight NCOERs, covering the rating periods between 1 October 2006 through 7 July 2012, that show the raters all evaluated his potential for promotion and/or service in positions of greater responsibility as "Among the Best."  The senior raters all evaluated his overall potential as "Successful" (number 1 block of 3) and his overall potential for promotion as "Superior" (number 1 block of 3);

   c.  he completed the Satellite/Microwave System Chief Advanced NCO course on 3 July 2007;

   d.  he was awarded the:

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

   e.  there is no adverse or other derogatory information.
11.  A review of the U.S. Army Human Resources Command, Fort Knox, KY, website shows the applicant was considered in the primary zone of the:

* Fiscal Year 2011 (FY11) MSG Promotion Selection Board, but he was not selected
* FY12 MSG Promotion Selection Board, but he was not selected
* FY13 MSG Promotion Selection Board that convened during the period
15 October to 8 November 2012; however, the results of the board have not yet been released

12.  In support of his application, the applicant provides eight letters in support of his request that recommend transfer of the GOMOR from the performance to the restricted section of the applicant's AMHRR.

   a.  The letter from First Sergeant Stephan T. V_____, First Sergeant, Company C, 3rd Psychological Operations Battalion (Airborne) (Dissemination), (A) (D), Fort Bragg, NC, dated 1 March 2010, speaks highly of the applicant's professional traits and his work ethic.  He adds the applicant has served as acting first sergeant of the unit for more than two months.

   b.  The letter from Major Ngan M. K____, Commander, Company C,
3rd Psychological Operations Battalion (A) (D), Fort Bragg, NC, dated 3 August 2010, states he has observed the applicant over the course of the past year, he has proven to be an outstanding Soldier, and he has served as acting first sergeant on occasion.
   
   c.  The letter from Sergeant Major (SGM) Jason W. O_____, Operations Sergeant, Headquarters and Service Company (HSC), 3rd Military Information Operations Battalion, 3rd Psychological Operations Battalion (A) (D), Fort Bragg, NC, dated 1 August 2011, attests to the applicant's extraordinary performance of duty while working in the S-3 Operations office and his potential for increased responsibility.

   d.  The letter from Command Sergeant Major (CSM) Brad E. V_____, CSM, 3rd Military Information Support Battalion (Airborne), Fort Bragg, NC, dated
26 July 2012, states he has observed the applicant and he has consistently performed at a level far above his grade and peers.  He attests to his professional traits and ability to achieve outstanding results.

   e.  The letter from Lieutenant Colonel (LTC) Robert A.B. C_____, Deputy Commander, 8th Military Information Support Group (Airborne), Fort Bragg, NC, dated 28 August 2012, states he has observed the applicant over the course of the past two years, but he has known him longer.  He served as the S3-Air NCO, a position of great importance to the unit, and performed at a level far above his grade.  He adds the applicant is extremely competent and worthy of continued service in positions of leadership in the U. S. Army.

   f.  The letter from LTC James A. W_____, Deputy G-3, Military Information Support Operations Command (MISOC), Fort Bragg, NC, dated 5 September 2012, states he has worked with the applicant over the course of the past four years.  The applicant served successfully as platoon sergeant and then as S3-Air NCO.  As a result, he was selected to assume the responsibilities of MISOC
G3-Air NCO, where he served superbly.  He adds that the applicant already operates expertly at the MSG level.

   g.  The letter from LTC Eric M. C_____, G-3, MISOC, Fort Bragg, NC, dated
7 September 2012, states he has observed the applicant's performance and he has consistently performed at a level far above his grade.  He attests to the applicant's professional traits and notes that he has achieved outstanding results during several missions in support of the organization.

   h.  The letter from SGM Jared M. Z_____, Operations SGM, MISOC, Fort Bragg, NC, dated 10 September 2012, states the applicant has worked for him in three separate assignments over the course of the past three years.  He assesses his performance as nothing short of extraordinary.  He adds that the applicant lives the Army values and is a leader the Army needs to keep.

13.  Army Regulation 600-8-104 (Army Military Human Resources Records) provides policies, operating tasks, and steps governing the AMHRR.  Depending on the purpose, documents will be filed in the AMHRR in one of six sections:  performance, service, restricted, medical, other, or State/Territory.

	a.  Table B-1 (Authorized Documents) provides guidance for filing administrative letters of reprimand, admonitions, and censures of a non-punitive nature.  It shows that the letter, referral correspondence, member's reply, and allied documents (if they are specifically directed for filing by the letter or referral correspondence) will be filed in the performance section of the AMHRR, unless otherwise directed.  (All other allied documents not listed will be filed in the restricted section of the AMHRR.)

	b.  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 may not be released without written approval from the Commander, USA HRC, or the Headquarters, Department of the Army, selection board proponent.  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.

14.  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.

   a.  Chapter 7 (Appeals and Petitions) provides the policies and procedures for appeals and petitions for removal of unfavorable information from the AMHRR.

	b.  Paragraph 7-2 (Policies and Standards), subparagraph b (Appeals for Transfers of AMHRR Entries), contains guidance on transfers of documents.  It states only letters of reprimand, admonition, or censure may be the subject of an appeal for transfer to the restricted section of the AMHRR.

		(1)  Appeals will normally be returned without action unless at least 1 year has elapsed since imposition of the letter and at least one evaluation report, other than academic, has been received in the interim.  It also shows that appeals approved under this provision will result in transfer of the document from the performance section to the restricted section of the AMHRR.

		(2)  GOMOR's may be transferred upon proof that their intended purpose has been served or that their transfer would be in the best interest of the Army.  The burden of proof rests with the Soldier concerned to provide substantial evidence that these conditions have been met.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the GOMOR and DASEB memorandum filed in the performance section of his AMHRR should be transferred to the restricted section of his AMHRR because its intended purpose has been served.

2.  The evidence of record shows the GOMOR, dated 10 July 2006, the chain of command's recommendation, filing directive, and notification to the applicant are properly filed in the performance section of the applicant's AMHRR.

3.  The applicant's request for transfer of the GOMOR filed in the performance section of his AMHRR has been carefully considered and is found to have merit.  By regulation, if at least 1 year has elapsed since imposition, an appeal related to a GOMOR can be approved based on proof the GOMOR has served its intended purpose and that the transfer would be in the best interest of the Army.

	a.  The evidence of record shows the incident for which the GOMOR was issued was based on an isolated lapse in judgment on the part of the applicant more than 6 years ago.  The applicant's professionalism, character, leadership attributes, skills, and actions since the time of the incident, as documented by his NCOERs, show the applicant has learned and grown, both personally and professionally.

   b.  The evidence of record shows that the applicant's first sergeant, company commander, two sergeants major, a command sergeant major, and three lieutenant colonels in his chain of supervision/command offer their endorsement of the applicant's personal character and professionalism, attest to his worth and potential as an Army noncommissioned officer, and advocate his continued service in the U.S. Army in positions of increasing responsibility.

	c.  Therefore, there is substantial evidence to conclude that it would serve the best interest of the U.S. Army to grant the requested relief by transferring the GOMOR and all related documents to the restricted section of his AMHRR which might assure the U.S. Army the benefit of the applicant's continued service.

4.  In view of the facts of this case, it would be appropriate to correct the applicant's record to transfer the GOMOR, dated 10 July 2006, and all allied documents to the restricted section of his AMHRR.  As a result of this correction, it would also be appropriate to transfer the Army Review Boards Agency, memorandum, dated 2 April 2008, from the performance section to the restricted section of his AMHRR.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by transferring the GOMOR, dated 10 July 2006, all allied documents, and the Army Review Boards Agency memorandum dated 2 April 2008 to the restricted section of his AMHRR.

2.  This Record of Proceedings and associated documents will also be filed in the restricted section of the individual's AMHRR.

3.  This action by the ABCMR will not be grounds for promotion reconsideration under the FY13 MSG Promotion Selection Board.




      _______ _  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)                                         AR20120017473



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ABCMR Record of Proceedings (cont)                                         AR20120017473



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