BOARD DATE: 8 August 2013
DOCKET NUMBER: AR20120018334
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 reconsideration of his earlier request for promotion to the rank of major by a Special Selection Board (SSB) for the 2010 and 2011 Major Army Promotion List (APL) Selection Boards.
2. The applicant states he should receive promotion reconsideration by SSBs for the 2010 and 2011 Major APL Selection Boards because he received a General Officer Memorandum of Reprimand (GOMOR) that was found to be unjust and was removed from his Army Military Human Resource Record (AMHRR).
3. The applicant provides:
* a self-authored memorandum, subject: SSB, Removed GOMOR, dated 28 September 2012
* memorandum issued by The Adjutant General, Michigan Army National Guard (MIARNG) subject: Appeal of Letter of Reprimand dated
10 September 2006
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicants case by the Army Bord for Correction of Military Records (ABCMR) in Docket number AR20120014559, on 28 May 2013.
2. The applicant was serving on active duty as a captain in the U.S. Army Reserve (USAR) in the Active Guard Reserve (AGR) Program when a GOMOR, dated 10 September 2006, was imposed against him by the Commanding General (CG) of the 88th Regional Readiness Command. The applicant appealed the GOMOR to the CG and his appeal was denied. The CG directed that the GOMOR be filed in performance section of his official records.
3. The applicant applied to the Department of the Army Suitability Evaluation Board (DASEB) requesting that the GOMOR be removed from his official records. On 12 June 2008, the DASEB denied his request.
4. The applicant applied to this Board requesting to have the GOMOR removed from his AMHRR and his request was denied in ABCMR Docket Number AR20080012396 on 12 November 2008. He requested reconsideration by the Board and that request was administratively closed in ABCMR Docket Number AR20110018603 on 21 September 2011.
5. Meanwhile, on 9 August 2011, he transferred to the MIARNG.
6. On 25 September 2012, The Adjutant General of the MIARNG granted the applicants request to remove the GOMOR and all enclosures from his AMHRR.
7. The applicant again applied to this Board requesting to have the GOMOR modified or transferred to the restricted portion of his AMHRR and promotion consideration by an SSB and his request was denied in ABCMR Docket Number AR20120014559 on 28 May 2013.
8. In the processing of this case a staff advisory opinion was obtained from the U.S. Army Human Resources Command (HRC). The advisory official opined that the applicant is not entitled to consideration by an SSB because the GOMOR in question was erroneously removed from his AMHRR and is being re-filed in the performance section. HRC officials further indicate that the GOMOR was improperly removed from his AMHRR at the direction of the MIARNG Adjutant General, who did not have the authority to do so. The advisory opinion was provided to the applicant for information and to allow him the opportunity to submit
9. Army Regulation 600-8-29 (Officer Promotions) provides that officers who discover material error existed in their file at the time they were non-selected for promotion may request reconsideration by an SSB. Reconsideration will normally not be granted when the error is minor or when the officer, by exercising reasonable care, could have detected and corrected the error in the Officer Record Brief (ORB) or AMHRR. It is the officer's responsibility to review his ORB and AMHRR before the board convenes and to notify the board in writing of possible administrative deficiencies in them.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been noted and found to lack merit.
2. The official directing the removal of the GOMOR did not have the authority to direct such action. The applicable regulations provide that only the DASEB or this Board has the authority to remove a GOMOR. Accordingly, it is being
re-filed in his AMHRR by the appropriate authorities.
3. Inasmuch as the Board has already previously denied his request for removal of the GOMOR, there appears to be no basis for granting the applicant's 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 to amend the decision of the ABCMR set forth in Docket Number AR20120014559, on 28 May 2013.
_________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) AR20120018334
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