IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130000973
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 reinstatement to the Fiscal Year 2011 Sergeants Major Academy Selection List.
2. The applicant states the General Officer Memorandum of Reprimand (GOMOR) he received served to cast a shadow on his stellar service record and resulted in his removal from the Fiscal Year 2011 Sergeants Major Academy Selection List. He goes on to state the Board understood that the GOMOR was not representative of his leadership and performance given that 5 years had elapsed since the GOMOR was imposed and his promotions since then and decided to move the GOMOR to the restricted section of his Army Military Human Resource Record (AMHRR).
3. The applicant provides no additional documents with his application; however, he indicates on his application that there are enclosures.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 8 March 1995 for a period of
3 years and 17 weeks and training as an infantryman. He completed his one-station unit training and airborne training at Fort Benning, GA and he was transferred to Fort Bragg, NC for his first duty assignment.
2. He remained on active duty through a series of continuous reenlistments and he was promoted to the rank/grade of sergeant first class (SFC)/E-7 on 1 August 2003.
3. On 4 September 2007, while serving in Afghanistan, the applicant received a GOMOR for the maltreatment of a detainee. He also received a relief for cause Noncommissioned Officer Evaluation Report (NCOER).
4. The applicant was promoted to master sergeant (MSG)/E-8 on 1 June 2008.
5. On 3 November 2011, the applicant was notified that he had been selected for attendance at the Sergeants Major Academy by the Fiscal Year 2011 Sergeants Major Training Selection Board; however, because his personnel record contained derogatory information, his record would be reviewed by a standby advisory board (STAB) to determine if he should be removed from that list.
6. On 16 March 2012, he applied to the Department of the Army Suitability Evaluation Board (DASEB) requesting removal of the GOMOR from his AMHRR. The DASEB denied his request on 6 September 2012.
7. The applicant subsequently applied to this Board requesting the removal of the GOMOR and his relief for cause NCOER from his AMHRR. On 9 October 2012, the Board granted partial relief of his request by transferring the GOMOR to the restricted section of his AMHRR based on intent served. The Board denied the request for removal of the GOMOR in its entirety and the removal of the relief for cause NCOER.
8. He apparently was removed from the Fiscal Year 2011 Sergeants Major Academy Selection List; however, there are no documents in his AMHRR indicating that such is the case. In any event, there is no indication of what derogatory information was considered to be used as the basis for his removal by the STAB.
9. Army Regulation 600-8-104 (Army Military Human Resources Record Management) governs the composition of the AMHRR and states the performance section is used for filing performance, commendatory, and disciplinary data. Once placed in the AMHRR, the document becomes a permanent part of that file. Only those documents listed on the U.S. Army Human Resources Command's (HRC) "Documents Required for Filing in the interactive Personnel Electronic Personnel Management System (iPERMS) are authorized for filing in the AMHRR.
a. The performance section is routinely used by career managers and selection boards. Documents placed in this section are limited to those that provide evidence of a Soldier's demonstrated performance. These documents are used for evaluation and selection purposes.
b. Disciplinary information filed on the restricted section of the AMHRR will be provided to CSM/SGM promotion boards, USASMA selection boards, and CSM/SGM retention boards to ensure the best qualified Soldiers are selected for these positions of highest trust.
c. Documents in the restricted section 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 interest of the Soldier and the Army.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the GOMOR served as the basis for his removal from the Fiscal Year 2011 Sergeants Major Academy Selection List has been noted.
2. Although the applicant has not provided evidence to show that the GOMOR was the sole reason for his removal, the fact that the GOMOR is filed in the restricted section of his AMHRR does not restrict the review of that document by the Sergeants Major Training/Selection Boards or E-9 Promotion Selection Boards.
3. Additionally, it is also noted that he received a relief for cause NCOER during the same period he received the GOMOR that is currently in the performance section of his AMHRR.
4. Accordingly, there appears to be no basis to reinstate him to the Fiscal Year 2011 Sergeants Major Academy Selection List.
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) AR20130000973
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130000973
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100026346
b. paragraph 543 states enlisted standby advisory boards will consider records of Soldiers on whom derogatory information has been properly substantiated, which may warrant removal from a selection list. c. paragraph 5-35 states a Soldier removed from a promotion selection list and later considered exonerated will be reinstated on the promotion selection list. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Setting...
ARMY | BCMR | CY2012 | 20120017473
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. 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...
ARMY | BCMR | CY2011 | 20110000051
The applicant requests that general officer memoranda of reprimand (GOMORs), dated 9 April 1997 and 15 March 2005, be removed from the restricted section of his official military personnel file (OMPF). Reaching his 18th year of service and fourth selection passover, he suspects that the reprimands are keeping him from being selected. Given the above and the fact the GOMORs were properly filed on his OMPF, and subsequently transferred to the restricted section of his OMPF as directed by the...
ARMY | BCMR | CY2012 | 20120007602
In part, the article included the following allegations: a. A review of his record shows the GOMOR is filed in the performance section of his AMHRR. c. Documents in the restricted section 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 interest of the Soldier and the Army.
ARMY | BCMR | CY2013 | 20130013405
In a memorandum/self-authored statement, dated 11 April 2012, to the ABCMR, she requested the following relief that was not previously addressed in ABCMR ROP 2, dated 11 July 2013: * the transcript [she purchased from an unaccredited school] and all associated documents relating to this [her appeal for the NCOER for the period 1 July 2008 through 30 June 2009 in ROP 2] and any previous appeals be removed from her AMHRR * the transcript [she purchased from an unaccredited school] be reviewed...
ARMY | BCMR | CY2014 | 20140010205
Application for correction of military records (with supporting documents provided, if any). The applicant requests: * removal of the General Officer Memorandum of Reprimand (GOMOR), dated 12 September 2008, from the restricted folder of his Official Military Personnel File (OMPF) * reinstatement to the Fiscal Year 2008 (FY 08) Master Sergeant (MSG)/E-8 Promotion Selection List * promotion to MSG/E-8 and payment of all back pay and allowances * consideration by a standby advisory board...
ARMY | BCMR | CY2008 | 20080006450
The applicant requests that a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) imposed on 4 June 1996, and a General Officer Memorandum of Reprimand (GOMOR), dated 14 June 1996, be removed from the restricted section of his Official Military Personnel File (OMPF). The DA Form 2627 imposed on 4 June 1996 and the 14 June 1996 GOMOR were properly filed in the performance section of the applicants OMPF and then subsequently transferred to the restricted section of his OMPF as...
ARMY | BCMR | CY2013 | 20130001466
The applicant requests correction of his Army Military Human Resource Record (AMHRR) to show his retired rank as sergeant major, pay grade E-9. A memorandum, dated 5 July 2011, from the Chief, Enlisted Promotions, Promotions Branch, U.S. Army Human Resources Command (HRC) informed the applicant, through his commander, that the Fiscal Year (FY) 2011 Sergeant Major Standby Advisory Board (STAB) recommended his administrative removal from the Promotion Selection List, under the provisions of...
ARMY | BCMR | CY2008 | 20080008580
The applicant's military personnel records show he enlisted in the U.S. Army Reserve (USAR) on 16 June 1980 and his date of birth (DOB) is recorded as 18 June 1948. However, the message that announced that board specifically stated that the eligibility criteria for appointment as TPU CSM included, if the Soldier was a MSG with a PEBD of 1 March 1972 and later (the applicant's PEBD was 16 June 1974) and with a date of rank of 6 June 2001 and earlier (the applicant's date of rank was 16 March...
ARMY | BCMR | CY2012 | 20120021298
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel stated that if the CG decided to proceed with the reprimand, the applicant made the specific requests listed below: * File the reprimand locally and allow him to continue serving in the Special Forces community * If the CG determines more than local filing, direct the legal office in Afghanistan to provide the complete packet of evidence that allegedly supports the allegations of the reprimand * Direct the legal office in Afghanistan to...