IN THE CASE OF:	  

		BOARD DATE:	  30 April 2013

		DOCKET NUMBER:  AR20130003016 


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 that a General Officer Memorandum of Reprimand (GOMOR), dated 26 May 2010, be transferred from the performance section to the restricted section of his Army Military Human Resource Record (AMHRR).

2.  The applicant states:

	a.  He fully admits that what he did was wrong and accepts responsibility for his actions.  He has learned from the GOMOR and continues to serve the Army faithfully. 

	b.  Since receiving the GOMOR, he has completed the Alcohol Substance Abuse Program, Victim Impact Panel, and Kentucky Alterative Program.  

	c.  Since the GOMOR, he served as Platoon Sergeant, despite being only a staff sergeant.  As platoon sergeant, he was responsible for the training and welfare of over fifty Soldiers and nine noncommissioned officers (NCO).  He was picked over four other NCOs to run a route clearance team during Operation Enduring Freedom XI in which they conducted over 120 missions with no losses. 

	d.  While fulfilling the platoon sergeant duties, he simultaneously performed his job as shop foreman.  



	e.  He has mentored numerous Soldiers who under his supervision have graduated courses within the Noncommissioned Officer Education System with honors.  

	f.  His Noncommissioned Officer Evaluation Report (NCOER) demonstrates he has performed at a high level since that time and was rated as having high military character, strong leader attributes, outstanding performance and being “Among The Best” for promotion potential by his senior rater.  Comments on this NCOER include the following: 

* succeeded by self-motivation and strong sense of purpose, loyalty, truthfulness, and fairness
* promote to sergeant first class (SFC) immediately and send to the Senior Leader Course (SLC) at the earliest opportunity
* exemplified professionalism in all aspects of his duties
* an exceptional NCO and capable leader; already performing the duties of an SFC in an outstanding manner

	g.  The comments of his rater and senior rater attest to his ability to learn from this incident and continue to provide the best possible service to the Army and his country.  

	h.  He has served on active duty for almost 14 years with two tours of duty overseas to Iraq (2008-2009) and Afghanistan (2011-2012). 

	i.  During his career he has received Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, Meritorious Unit Commendation, National Defense Service Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, NATO Medal, Air Assault Badge, and Driver and Mechanic Badge.  

	j.  The letters of recommendation, submitted by those who are familiar with the quality of his military service, attest to the quality of his Army service and his ability to continue providing useful service in the future to the Army.  The Army has been his life and the life of his family.  He has not let this one incident in his career hinder him from making a professional contribution to the Army and country.

3.  The applicant provides a copy of his July 2012 NCOER.  The letters of recommendation noted in his statement were not received.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 10 September 1999.  He was promoted to his current rank, staff sergeant, effective 1 September 2008. 

2.  On 14 February 2010, the applicant was apprehended by civil authorities for driving while intoxicated (DWI).  The breathalyzer test showed a finding of .24 percent, three times State and Army limits.

3.  He pled guilty in civil court to the charge of DWI on 15 March 2012. 

4.  On 29 April 2010, the Commander, Headquarters, U.S. Army Armor Center and Fort Knox, KY, reprimanded the applicant for driving a motor vehicle while intoxicated.  The GOMOR was imposed as an administrative measure and not as punishment under the Uniform Code of Military Justice (UCMJ). 

5.  On 13 May 2010, the applicant acknowledged receipt of the GOMOR and elected not to make a statement in his behalf.  

6.  On 26 May 2010, after reviewing all matters submitted with the case, the imposing authority directed the GOMOR be filed in the performance section of the applicant’s AMHRR.

7.  He was awarded an Army Commendation Medal on 23 October 2011 and is shown to have deployed in support of Operation Enduring Freedom.

8.  The applicant's AMHRR shows his NCOER, covering the period of the misconduct, reflects the incident and is considered a negative report.

9.  His next NCOER shows he received "Among the Best" ratings from his rater who made the following comments:

* promote to SFC immediately and send to the Senior Leader Course at the earliest opportunity
* an exceptional NCO and capable leader; already performing the duties of an SFC in an outstanding manner
* enormous potential for service in positions of greater responsibility; displays untiring desire for excellence

His senior rater marked him in the top blocks for both his overall performance and potential for promotion.

10.  Based on the applicant’s date of rank (DOR), he was in the primary zone of consideration for SFC in fiscal year 2012.  He was not selected for promotion.  

11.  His AMHRR contains no derogatory information other than the GOMOR. 

12.  On 7 February 2013, the Department of the Army Suitability Evaluation Board (DASEB) denied the applicant's 10 December 2012 petition to transfer the GOMOR and all related documents from the performance section to the restricted section of the AMHRR.

13.  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.  It also contains guidance on removal of transfer of unfavorable information from the record.  It states:

	a.  Unfavorable information that should be filed in official personnel files includes indications of substandard leadership ability, promotion potential, morals, and integrity.  These must be identified early and shown in those permanent official personnel records that are available to personnel managers and selection board members for use in making such personnel decisions that may result in selecting Soldiers for positions of public trust and responsibility, or vesting such persons with authority over others.  Other unfavorable character traits of a permanent nature should be similarly recorded.

	b.  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.

	c.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to transfer the contested GOMOR from the performance section to the restricted section of his AMHRR has been carefully considered.  

2.  He has not provided and the record does not contain any evidence of the rehabilitation efforts he states he completed or that such treatments have resulted in control of his alcohol problem.  

3.  The applicant was arrested for driving with an alcohol level three times the legal limit.  His application to have the GOMOR transferred to the restricted portion of his record was initiated less three years after the DWI, and there is insufficient evidence to show that the GOMOR has served its intended purpose at this time.  

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)                                         AR20130003016



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ABCMR Record of Proceedings (cont)                                         AR20130003016



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