IN THE CASE OF:	  

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20130006621 


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) from the performance folder of his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File) to the restricted folder of his AMHRR.

2.  He states the GOMOR filed in the performance folder of his AMHRR will inhibit his advancement to chief warrant officer three which will also inhibit continuation of his military career.  It is his command's opinion that he should continue advancing in the military and retain his career.  He states his actions since the offense show the GOMOR has served its purpose.  He "has used the offense as a leadership tool to teach others what the right actions are in every situation."

3.  He provides:

* six memoranda supporting his request
* self-authored memorandum
* two DA Forms 67-9 (Officer Evaluation Report (OER))
* Officer Record Brief

CONSIDERATION OF EVIDENCE:

1.  Following a period of enlisted service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 27 June 1996.  During his Regular Army service, he was initially trained in and awarded military occupational specialty (MOS) 31S (Satellite Communications Operation and Maintenance).  On 23 August 2002, he was awarded MOS 18D (Special Forces Medical Sergeant).  Effective 1 October 2004, he was promoted to sergeant first class/E-7 in MOS 18D.

2.  He served in Afghanistan for an 8-month period ending 1 December 2008.

3.  On 15 January 2009, he was appointed as a warrant officer one in MOS 180A (Special Forces Warrant Officer).

4.  On 19 May 2009, he was awarded the Bronze Star Medal (BSM) with "V" Device for his valorous actions in Afghanistan on 28 August 2008.

5.  On 29 October 2009, the Commander, Headquarters, 1st Battalion, 7th Special Forces Group (Airborne), Fort Bragg, NC, appointed an investigating officer (IO) to conduct an informal investigation into the facts and circumstances pertaining to pictures showing Special Forces Soldiers drinking while deployed in support of Operation Enduring Freedom.

6.  On 16 November 2009, the IO reported his findings and recommendations.

	a.  He found, in part, that the applicant admitted to consuming alcohol in Afghanistan on 10 December 2008 at an event for members departing the unit.  The IO found this was a violation of U.S. Central Command (CENTCOM) General Order (GO) 1B which prohibited the possession or consumption of alcoholic beverages within the CENTCOM area of responsibility.

	b.  The IO found that this and another incident were isolated incidents of misconduct by an otherwise exceptional team.  Each individual involved, including the applicant, admitted guilt and expressed remorse.  The IO opined that based on sworn statements, the individuals involved "suffered from the cumulative effects of undiagnosed combat stress" and Soldiers used alcohol during the two incidents "to help cope with the extreme combat operations, and tragic losses, they endured during the rotation."

	c.  The IO recommended that the applicant receive disciplinary action as deemed appropriate by the chain of command for violating GO 1B.  He recommended consideration of the operational circumstances and the applicant's award of the Bronze Star Medal with "V" Device when applying punishment.

7.  A memorandum from the Group Senior Paralegal Noncommissioned Officer in Charge, Headquarters, 7th Special Forces Group (Airborne), to the Commander, U.S. Army Special Forces Command (Airborne), dated 22 February 2010, subject:  Request for GOMOR, shows he requested the issuance of a GOMOR to the applicant and other members of the 7th Special Forces Group (Airborne) on behalf of the 7th Special Forces Group (Airborne) Commander.

8.  On 25 February 2010, Major General (MG) M____ S. R____, Commanding General, U.S. Army Special Forces Command, issued a GOMOR to the applicant.  In the GOMOR, MG M____ S. R____ stated an informal investigation had determined that the applicant violated CENTCOM GO 1B on 10 December 2008 by consuming alcohol while deployed to Afghanistan.  MG M____ S. R____ reprimanded the applicant for his "flagrant violation" of a GO and "utter disregard for Army values."  MG M____ S. R____ stated the applicant's actions represented "a serious departure from the high standards of integrity and professionalism expected of a warrant officer of this Command."  He stated the applicant's conduct caused him to "seriously consider [the applicant's] suitability for continued service as a warrant officer in the United States Army."  MG M____ S. R____ stated the GOMOR was imposed under the provisions of Army Regulation 600-37 (Unfavorable Information) and not as punishment under Article 15, Uniform Code of Military Justice.

9.  On 26 February 2010, the applicant acknowledged he had received, read, and understood the GOMOR.  He elected to submit matters in his behalf.

10.  In a memorandum for MG M____ S. R____, dated 26 February 2010, the applicant stated he assumed full responsibility for his actions on 10 December 2008.  He stated he understood his decision was an error and in bad judgment and brought discredit upon himself, the Special Forces Regiment, and the U.S. Army.  He stated his desire to continue serving as a Special Forces warrant officer and he requested placement of the GOMOR in the restricted folder of his AMHRR.

11.  The applicant's AMHRR shows two character references were provided in support of his request to place the GOMOR in the restricted folder of his AMHRR.

12.  On 22 April 2010, MG M____ S. R____ directed filing the GOMOR in the applicant's AMHRR.

13.  The applicant was promoted to chief warrant officer two (CW2) effective 15 January 2011.

14.  His AMHRR includes three OER's for periods subsequent to his appointment as a warrant officer.

	a.  An OER for the period ending 30 April 2010 shows his rater evaluated his performance and potential as "Outstanding Performance, Must Promote."  His senior rater evaluated his promotion potential as "Other" and noted the applicant received a GOMOR during the rating period for violating GO 1B in Afghanistan while serving as a noncommissioned officer.

	b.  An OER for the period ending 30 April 2011 shows the same rater evaluated his promotion potential as "Outstanding Performance, Must Promote" and the same senior rater rated his promotion potential as "Best Qualified."

	c.  An OER for the period ending 29 April 2012 shows a new rater and senior rater evaluated his promotion potential as "Outstanding Performance, Must Promote" and "Best Qualified."

15.  On 22 May 2012, the President, Department of the Army Suitability Evaluation Board (DASEB), notified him his petition to transfer the GOMOR from the performance to the restricted folder of his AMHRR was denied.

16.  Permanent Order Number 008-01 issued by the 7th Special Forces Group (Airborne), Eglin Air Force Base, FL, dated 21 December 2012, awarded him the Army Commendation Medal for meritorious achievement while serving as the company commander for a Special Forces detachment during the period 16 November 2011 through 16 October 2012.

17.  Except for the GOMOR in question, his AMHRR is void of documentation showing he has been the subject of any disciplinary action.

18.  He provides memoranda supporting his request for transfer of the GOMOR to the restricted folder of his AMHRR.  The memoranda were provided by:

* Brigadier General (BG) C____ K. H____, Commanding General, U.S. Army Special Forces Command (Airborne), Fort Bragg, NC, dated 13 March 2013
* BG E____ M. R____, (then) Commanding General, U.S. Army Special Forces Command (Airborne), Fort Bragg, NC, dated 20 January 2012
* Colonel A____ M. F____, Commander, 7th Special Forces Group (Airborne), Eglin Air Force Base, FL, dated 5 February 2013
* Lieutenant Colonel M____ J. S____, Commander, 4th Battalion, 7th Special Forces Group (Airborne), Eglin Air Force Base, FL, dated 6 March 2013
* Major J____ R____, (then) Commander, 4th Battalion, 7th Special Forces Group (Airborne), Eglin Air Force Base, FL, dated 27 November 2012
* Major B____ M. M____, (then) Commander, 4th Battalion, 7th Special Forces Group (Airborne), Eglin Air Force Base, FL, dated 27 January 2013

19.  He provides a self-authored memorandum in which he states, in part:

* the decision to violate GO 1B was the worst decision he has made in his life
* the repercussions of his decision have made him a better officer, operator, and person
* by violating GO 1B he failed himself, his unit, his regiment, and the U.S. Army
* his chain of command believes the GOMOR has served its intended purpose and continues to believe in him, his decision-making capability, and his future potential with the U.S. Army

20.  Army Regulation 600-37 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 Soldiers are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files.  It states unfavorable information that should be filed in official personnel files includes indications of substandard leadership ability, promotion potential, morals, and integrity.

	a.  This regulation provides that an administrative memorandum of reprimand may be issued by an individual's commander, by superiors in the chain of command, and by any general officer or officer exercising general court-martial jurisdiction over the Soldier.  The memorandum must be referred to the recipient and the referral must include and list applicable portions of investigations, reports, or other documents that serve as a basis for the reprimand.  Statements or other evidence furnished by the recipient must be reviewed and considered before filing determination is made.

	b.  A memorandum of reprimand may be filed in a Soldier's AMHRR only upon the order of a general officer-level authority and is to be filed in the performance folder.  The direction for filing is to be contained in an endorsement or addendum to the memorandum.  If the reprimand is to be filed in the AMHRR, the recipient's submissions are to be attached.  Once filed in the AMHRR, the reprimand and associated documents are permanent unless removed in accordance with Army Regulation 600-37, chapter 7.

	c.  Only letters of reprimand, admonition, or censure may be the subject of an appeal for transfer to the restricted folder of the AMHRR.  Normally, such appeals will be considered only from Soldiers in grades E-6 and above, officers, and warrant officers.  Such 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.

	d.  If an appeal is denied, a copy of the letter of notification regarding this outcome will be placed in the commendatory and disciplinary section of the performance folder.  The appeal will be placed in the restricted folder of the AMHRR.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows the GOMOR he received was deserved.  However, it appears the poor decision that led to his GOMOR was an isolated incident and the GOMOR has served its purpose.

2.  Since receiving the GOMOR, he has been promoted to CW2 and he has received an award for his service as a company commander.  His most recent OER's show he has received the highest ratings for promotion potential.  Further, current and previous members of his chain of command, including two general officers, support transfer of the GOMOR to the restricted folder of his AMHRR.

3.  In view of the foregoing, it would be in the best interest of the Army to transfer the GOMOR and all allied documents, including the DASEB memorandum denying his request, to the restricted folder of his AMHRR.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 and all allied documents, including the DASEB memorandum denying his request, to the restricted folder of 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)                                         AR20130006621



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ABCMR Record of Proceedings (cont)                                         AR20130006621



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