IN THE CASE OF:

		BOARD DATE:	6 June 2013

		DOCKET NUMBER:  AR20130007138 


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 the removal of a general officer memorandum of reprimand (GOMOR) from the performance section of his Army Military Human Resource Record (AMHRR), formerly known as the official military personnel file. 

2.  He states the reason the Board should find it in the interest of justice to consider this application is that justice was served in 2009.  Since then, he strongly continued to regret his actions.  He understands that his actions were wrong, and will ensure that such actions are never repeated.  Since the event, he has demonstrated a progression of professionalism that reflects a great dedication to the Army, perseverance, and the ability to resolve weaknesses.  As a result, he has achieved many leadership successes that has allowed him to receive a promotion from specialist (SPC)/E-4 to sergeant (SGT)/E-5, two certificates of achievement for Soldier and Noncommissioned Officer (NCO) of the Month, an Army Achievement Medal for Soldier of the Quarter, an Associate in Science degree, an Army Good Conduct Medal, an excellent NCO Evaluation Report (NCOER) and Academic Evaluation Report, the Army Commendation Medal, a Top Secret Clearance-SCI, certification in Level II Army Combatives, pass the Defense Language Proficiency Test, and he will be eligible for the staff sergeant board.  He considers himself a true professional needed to serve his nation.  Therefore, if the Board could reconsider the decision that weighs heavily upon his honor, discipline, and professionalism and remove the filed GOMOR from his record so that he may begin to serve their country with a clear conscience and continue his career progression to serve as an American Soldier.


3.  The applicant provides:

* Army Commendation Medal certificate
* DA Form 638 (Recommendation for Award)
* Army Achievement Medal certificate
* Permanent orders for award of the Army Good Conduct Medal
* DA Form 2166-8 (NCOER) for the rating period 20120601-20121222
* DA Form 1059 (Service School Academic Evaluation Report)
* Certificate showing completion of an Associate in Science degree
* Two certificates of achievement
* Application process for a Masters degree

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army (RA) SGT currently serving at Fort Leavenworth, KS, and holds military occupational specialty 68D (Operating Room Sergeant).  He initially enlisted in the RA on 19 October 2005.  

2.  He was promoted to private first class/E-3 on 1 August 2007 and SPC/E-4 on 1 December 2007.  He served in Germany from May 2006 to March 2009, during which he deployed to Iraq and served in support of Operation Iraqi Freedom from August 2007 to October 2008.  He also reenlisted in the RA on 7 June 2008 while in Iraq. 

3.  Subsequent to completion of his Germany tour, he was reassigned to the U.S. Army Medical Department Activity, Munson Army Health Center, Fort Leavenworth, KS. 

4.  On 5 November 2009, the Commanding General (CG), U.S. Army Combined Arms Center and Fort Leavenworth reprimanded the applicant for driving under the influence.  The GOMOR states he was pulled over for failing to stop at a stop sign on 7 October 2009.  He was administered a series of field sobriety tests which he failed.  He consented to a breathalyzer test that resulted in a .121 blood alcohol concentration.  He was thus cited for driving under the influence. 

5.  He acknowledged receipt on 6 November 2009 and submitted a rebuttal wherein he stated:

* he was sorry for his actions but that day marked a day on which a friend of his dad died; he had received his household goods after having deployed for 15 months and as he was sorting things out he came across pictures of his friend; he felt devastated and began drinking to suppress his emotions
* he regretted his actions and fully understood the effect his action had on his military discipline and bearing; he realized what he did was wrong and understood the potential and negative influence of such action 

6.  On 25 November 2009, his immediate and intermediate commanders recommended the GOMOR be filed in the local file.  However, on 4 January 2010, his senior commander recommended filing it in the AMHRR.  He opined that filing it in the AMHRR creates an audit trail for the future to prove rehabilitation.  The applicant had only served in the hospital for 3 months. 

7.  On 5 January 2010, after carefully considering the reprimand, the circumstances surrounding the incident, and all matters submitted by the applicant in his defense, along with the recommendations of subordinate commanders, the CG ordered the GOMOR be placed permanently in the applicant's AMHRR.  He also indicated he would reexamine the filing decision in 12 months. 

8.  His records show he has received the following awards and evaluations since receipt of the GOMOR:

* completed the Warrior Leader Course in March 2011 and was promoted to SGT/E-5 on 1 June 2012
* reenlisted in the RA on 11 September 2012 for 3 years
* received an NCOER for the rating period 1 June 2012 through 
		22 December 2012 that shows he was rated "Among the Best" and 					"Successful/Superior"
* awarded the Army Commendation Medal for service from 22 September 2009 to 31 January 2013
* awarded the Army Good Conduct Medal (19 October 2008 through 18 October 2011)
* continued his civilian education at Kansas City Kansas Community College 

9.  Army Regulation 600-37 (Unfavorable Information) 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 a filing determination is made.

10.  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 section.  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.  Paragraph 7-2 provides 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 600-8-104 (AMHRR Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR.  Table B-1 states a memorandum of reprimand is filed in the performance section of the AMHRR unless directed otherwise by an appropriate authority (Department of the Army Suitability Evaluation Board or Army Board for Correction of Military Records). 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was cited by law enforcement agencies for driving under the influence of alcohol.  Accordingly, he received a GOMOR.  He was afforded the opportunity to review all of the evidence against him and to submit matters on his own behalf prior to a final filing decision.  His chain of command provided their recommendations and after carefully considering the circumstances surrounding the incident, and all matters submitted by him, along with the recommendations of subordinate commanders, the CG ordered the GOMOR be placed permanently in the applicant's AMHRR.  

2.  The GOMOR is an administrative tool used by the imposing officer to train and rehabilitate.  Once the GOMOR was filed in his AMHRR, it became a permanent record and will not be removed from or moved to another part of the AMHRR unless directed by certain agencies, to include this Board.

3.  However, a GOMOR is an administrative tool used by imposing officers to correct and rehabilitate a Soldier.  Here, since receipt of the GOMOR, the applicant has revealed nothing but a progressively noteworthy advancement, both in achievements and maturity.  Despite his inexperience at the time, he admitted his error and took full responsibility for his actions.  
4.  He has proven through performance that he is dedicated to bettering himself and generating a positive influence on those with whom he associates.  His attitude, which is normally recognized as a major ingredient in the success or achievement of an individual, is that of a Soldier who, despite the set-back, has soldiered on with a strong desire to serve and grow.

5.  Therefore, although the GOMOR is correctly filed and thus no reason exists to remove it, in the interest of justice and as matter of equity the applicant's GOMOR should be transferred to the restricted section of his AMHRR.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X___  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ___X_____  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 General Officer Memorandum of Reprimand, dated 5 January 2010, and any allied documents from the performance section to the restricted section of his AMHRR. 

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 General Officer Memorandum of Reprimand, dated 5 January 2010, from the applicant’s 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.







SAMR-RB									         10 June 2013


MEMORANDUM FOR COMMANDER, U.S. ARMY HUMAN RESOURCES COMMAND, 
1600 SPEARHEAD DIVISION AVENUE, FORT KNOX, KY  40122-5100

SUBJECT:  Army Board for Correction of Military Records Record of Proceedings for  AR20130007138


1.  Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 6 June 2013, in which the Board, by a two to one vote, recommended granting partial relief. 

2.  After reviewing the findings, conclusions, recommendation, and reason for dissent from the staff's recommendation, my decision is to adopt the Board's majority recommendation to grant the relief specified in the BOARD DETERMINATION/ RECOMMENDATION.  The Board found that although the General Officer Memorandum of Reprimand - used as an administrative tool to correct and rehabilitate Soldiers - is properly filed, the applicant took full responsibility for his actions and continued to Soldier on with outstanding results.  

3.  Therefore, I agree with the ABCMR’s majority recommendation and, under the authority of Title 10, United States Code, section 1552, the recommendation of the ABCMR is hereby approved.  I direct that all the Department of the Army records          of the individual concerned be corrected as shown under BOARD DETERMINATION/RECOMMENDATION in the subject case enclosed.

4.  Request necessary administrative action be taken to effect the correction of records as indicated no later than 9 August 2013.  Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY:




Encl						     
						     Deputy Assistant Secretary
						     (Army Review Boards)
CF: 
(X)AMHRR