IN THE CASE OF:	  

		BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120018871 


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 General Officer Memorandum of Reprimand (GOMOR), dated 17 October 2009, from his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).
 
2.  He states the GOMOR has served its intended purpose in that it has been in his AMHRR for well over a year.  He explains:

	a.  During his deployment, he received a GOMOR because of a purchase request and commitment packet that was submitted to 1st Theater Sustainment Command (1TSC) to purchase streamers for the Brigade.  He opines the filing was undeserved because he acted with good measure based on the advice from the Brigade Judge Advocate General and the approving process.

	b.  He offers that based on the commander's guidance, the intent to purchase the streamers was to promote an achievement program for the battalions within the brigade.  He maintains that after his S-4 noncommissioned officer in charge (NCOIC) solicited vendors to produce the streamers, his NCOIC selected the vendor that quoted the work under the Government Purchase Card (GPC) threshold.  He states the NCOIC processed the purchase request through the normal brigade GPC approving process.  He continues by stating when the NCOIC received the quote from the vendor it was under the micro-purchase limit of $3,000.00.  However, the quote did not include the service fee that brought the original price over the micro-purchase limit.  

3.  He provides the following:

* Self-authored statement
* Four supporting statements
* Officer Evaluation Reports (OERs)
* Meritorious Service Medal (MSM) Certificate
* GOMOR, dated 17 October 2009, with applicant's rebuttal and filing determination dated 29 December and 13 March 2009, respectively
* Department of the Army Suitability Evaluation Board (DASEB) Record of Proceedings, dated 8 March 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving as a major in the Hawaii Army National Guard (HIARNG).

2.  On 17 October 2009, the appellant received a GOMOR for unauthorized commitment of government funds.  Specifically, the imposing authority stated on 13 June 2009 that an Army Regulation 15-6 (Procedures for Investigating Officers and Boards of Officers) investigation found the applicant's NCOIC ordered $6,000.00 worth of streamers to implement the 29th Infantry Brigade Combat Team (29IBCT) Streamer Program that was in violation of Army Regulation 840-10 (Flags, Guidons, Streamers, Tabards, and Automobile and Aircraft Plates).  The imposing authority stated:

* the appellant was aware of the entire process used to purchase the streamers including the NCOIC's initial attempts to purchase the streamers using the GPC and making the unauthorized commitment
* after the commitment had been made, the appellant pushed the purchase request and commitment packet
* the applicant did so after receiving an email from a vendor stating the streamers may be in violation of the regulation
* at no time did the appellant verify whether there were any restrictions in the regulation on the use of customized streamers

3.  In his appeal memorandum, dated 29 December 2009, the applicant requested the imposing authority reconsider the imposition of the GOMOR.  He reiterated the information provided in his appeal to the Board.  Additionally, he stated:

* the intent of the streamers was to promote an achievement program within the brigade
* the brigade staff sections all contributed in providing the categories and criteria for the streamer program
* the NCOIC went through the normal brigade GPC process and attained approval to purchase the steamers

4.  On 13 March 2010, after reviewing the GOMOR and the applicant's rebuttal statement, the imposing authority directed the GOMOR be filed in the applicant's AMHRR.

5.  The applicant provided a certificate that shows he was awarded the MSM for meritorious service while serving as the Brigade S-4 in Support of Operation Iraqi Freedom from 19 August 2008 to 22 September 2009.

6.  The applicant received an annual OER during the period 17 April 2009 through 16 April 2010 while serving as the Brigade S-4, Headquarters and Headquarters Company, 29IBCT.  His rater, the Brigade Executive Officer, a lieutenant colonel; and the Brigade Commander, a colonel, assessed his duty performance as "Outstanding Performance, Must Promote" and "Best Qualified" respectively, with supporting comments.  There is no mention of the applicant's misconduct that led to the issuance of the GOMOR.

7.  The applicant also provided two subsequent OERs for the periods 15 June 2010 through 14 June 2011 and 8 July 2011 through 15 January 2012.  Both reports show he was assessed as "Outstanding Performance, Must Promote" and "Best Qualified" by his raters and senior raters, respectively, with supporting comments.

8.  In December 2011, the applicant filed a request with the DASEB to remove the GOMOR from his AMHRR or in the alternative, transferring the GOMOR to the restricted section of his AMHRR.  After careful consideration, on 8 March 2012, the DASEB denied the removal or transfer of the GOMOR, dated
17 October 2009.  The board cited that the applicant failed to provide evidence to show the GOMOR was untrue or unjust as justification to deny the removal.  Additionally, the board denied his request to transfer the GOMOR to the restricted section of his AMHRR citing he failed to provide any character or supporting statements.

9.  The applicant provided four support statements from the Adjutant General (major general) and Assistant Adjutant General (brigadier general), HIARNG; the J-32 Counterdrug officer (colonel), and the Deputy, Logistics Support Branch (GS-14) who all attest to his outstanding work ethics and professionalism.  One 

author stated the applicant has demonstrated his competence and expertise at both the tactical and strategic level.  Another author stated the applicant has unquestionable integrity and adheres to doing what is right, moral, and legal.  The Adjutant General offered that he has witnessed the applicant's tremendous growth and development as an officer.  All four authors strongly recommend removal of the GOMOR.

10.  Army Regulation 600-37 (Unfavorable Information) states that 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.  Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the AMHRR.

11.  Army Regulation 600-37 states that the DASEB will transfer from the performance to the restricted portion of the AMHRR those administrative letters of reprimand, admonition, or censure that are determined upon appeal to have served their intended purpose, when such transfer would be in the best interest of the Army.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received a GOMOR for unauthorized commitment of government funds.  The Army Regulation 15-6 investigation revealed the appellant was aware of the entire process used to purchase the streamers and did so even after receiving an email from a vendor stating that the streamers may be in violation of the regulation.

2.  In view of the foregoing, the applicant has provided no evidence to show the statements listed on the GOMOR were untrue or unjust.  Therefore, there is no basis to remove the GOMOR from his AMHRR.

3.  Army Regulation 600-37 allows the DASEB to transfer administrative letters of reprimand from the performance to the restricted section of the AMHRR after determining that "the intended purpose has been served."  The evidence of record shows the applicant received a GOMOR on 17 October 2009, which was 3 years ago.  He has since received three outstanding OERs, one during the period of the GOMOR, and an MSM.  He has provided four letters of support from the Adjutant General and Assistant Adjutant General, HIARNG; J-32 Counterdrug officer; and the Deputy, Logistics Support Branch attesting to his outstanding performance of duty.  Therefore, the applicant's outstanding performance of duty rendered after the issuance of the GOMOR and his support statements are sufficient to show the intent of the GOMOR has been served.

4.  In view of the foregoing and in the interest of equity and justice, it would be appropriate at this time to transfer the GOMOR 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 17 October 2009 GOMOR and all allied documents to the restricted section of his AMHRR.  The decision of the Board is not retroactive and does not serve as a basis to grant the applicant consideration by a Special Selection Board.

2.  The Board further determined that the evidence presented was 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 17 October 2009 GOMOR 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)                                         AR20120018871



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ABCMR Record of Proceedings (cont)                                         AR20120018871



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