BOARD DATE:	  9 May 2013

		DOCKET NUMBER:  AR20130006636 


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 expeditious transfer of a general officer memorandum of reprimand (GOMOR) from the performance to the restricted folder of his Army Military Human Resource Record (AMHRR) prior to the convening date of the Fiscal Year 2013 Warrant Officer Selection Board which is on or about 8 May 2013.

2.  The applicant states his request was denied by the Department of the Army Suitability Evaluation Board (DASEB).  He states he received a letter of commendation from a brigadier general for completing his associate degree, service awards, technical certificates, and certificates of completion which have greatly furthered his military career.

3.  The applicant provides a self-authored memorandum and the 28 enclosures identified therein in support of his request.

CONSIDERATION OF EVIDENCE:

1.  As of the date of his application to the Board, the applicant was still serving on active duty in Kuwait in the rank of chief warrant officer two.

2.  On 21 October 2010, the Commanding General (CG), Headquarters U.S. Army Fires Center of Excellence and Fort Sill, Fort Sill, Oklahoma, issued a GOMOR reprimanding the applicant for engaging in an inappropriate relationship with an enlisted member of the U.S. Air Force while married and stationed at Osan Air Force Base in Korea and for continuing the relationship at Fort Sill.  The CG stated that such behavior was inconsistent with that expected of a Soldier and the applicant's behavior had brought discredit on his unit and the U.S. Army.  He indicated the ability of a military organization to accomplish its mission depends on the professionalism of its officers which encompasses, among other things, self-discipline and good judgment.  The CG further indicated the applicant's conduct showed serious deficiencies in those areas and would not be tolerated.

3.  On 4 November 2010, the applicant submitted matters in his own behalf which included supporting memoranda from his battalion commander from 2008 to 2010, battalion executive officer from 2009 to 2010, and five fellow warrant officers, and requested local filing of the GOMOR.

4.  On 1 December 2010 after reviewing the reprimand imposed on 21 October 2010 and the matters submitted, as well as the recommendations of the chain of command, the Fort Sill CG directed filing the GOMOR in the performance folder of the applicant's AMHRR.

5.  On 5 July 2012, the DASEB denied the applicant's request to transfer the GOMOR to the restricted folder of his AMHRR.

6.  The applicant's records contain a promotion officer evaluation report (OER) for a 9-month period from 29 February 2012 through 12 January 2013 in which he was evaluated as an electronic missile systems maintenance technician of a forward-deployed air defense artillery (Patriot) battalion.  The rater, a captain, placed the applicant in the first block (Outstanding Performance, Must Promote) of Part Va (Evaluate the Rated Officer's Performance During the Rating Period and His/Her Potential for Promotion).  The senior rater, a lieutenant colonel, placed the applicant in the first block (Best Qualified) of Part VIIa (Senior Rater – Evaluate the Rated Officer's Promotion Potential to the Next Higher Grade).

7.  The applicant's AMHRR also contains a certificate awarding the applicant the Army Commendation Medal for meritorious achievement for the period 20 July to 4 August 2011.

8.  The applicant provides copies of the following OER's he received since the GOMOR, in all of which he received "first block" evaluations from his raters and senior raters in Part Va and Part VIIa, respectively:

* change of rater – 20 April 2011 through 22 September 2011
* complete the record – 23 September 2011 through 28 February 2012

9.  The applicant also provides 10 letters of support from various officers, including his battalion and brigade commanders, who all recommend approval of the applicant's request to transfer the GOMOR to the restricted folder of his AMHRR and who attest to the facts that the GOMOR has served its intended purpose and the applicant has learned from his mistake.

10.  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 for removal or transfer of unfavorable information from the record.  Chapter 7 contains guidance for appeals and petitions and states that records of nonjudicial punishment may be transferred upon proof that their intended purpose has been served or that their transfer would be in the best interest of the Army.  The burden of proof rests with the Soldier concerned to provide substantial evidence that these conditions have been met.

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the Army Board for Correction of Military Records (ABCMR).  It is ABCMR policy to consider cases based on the date the application is received.  Current policy only provides for expediting cases in extraordinary circumstances, such as imminent death.  There are no provisions for expediting cases to support the promotion selection process.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to transfer the subject GOMOR from the performance to the restricted folder of his AMHRR has been carefully considered and found to have merit.

2.  Although the applicant committed a serious breach of trust in becoming involved with an enlisted member of the U.S. Air Force, it appears clear the intended purpose of the GOMOR has been served based on his record of performance since receiving the GOMOR as evidenced by his OER's.  Therefore, given the strong support of his chain of command, it would be appropriate and serve the interest of equity and justice to transfer the GOMOR to the restricted folder of the applicant's AMHRR.  This action is effective the date of the Board determination and does not support promotion reconsideration based on material error before that effective date.

3.  The applicant's request to expedite his application to meet a promotion board convening date was also carefully considered.  However, current ABCMR policy does not provide for expediting applications solely to meet promotion selection processing dates.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 GOMOR, dated 21 October 2010, to the restricted folder of the applicant's AMHRR.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the applicant's request to expedite consideration of his application is denied.  Therefore, the effective date of transfer of the GOMOR is the date of this Board determination.



      __________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)                                         AR20130006636



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ABCMR Record of Proceedings (cont)                                         AR20130006636



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