IN THE CASE OF:	   

		BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20130008610 


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 removal of a general officer memorandum of reprimand (GOMOR), dated 31 January 2000, from the restricted section of his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).

2.  The applicant states:

	a.  Three years after he accepted his reprimand he was passed over for promotion to captain and he gave serious consideration to leaving the Army.  Each day he has served since he chose as a second lieutenant to drive under the influence (DUI), both before and after, and his pass-over for selection to captain, he has striven to make up for that grievous lack of good judgment.  He humbly proposes that the presence of the letter of reprimand is not a just characterization of his service as evidenced by his early promotion to major, above center of mass evaluation reports, and current service for a cabinet secretary.  He has provided a letter from the author of the reprimand recommending his letter be justly removed.

	b.  No amount of remorse or pattern of high performance can erase a past poor decision, yet it has been all he could do to restore the faith in those who continue to mentor him in their profession of arms and those in his charge as an Army officer.  His humble request for the removal of the GOMOR comes after the better part of 17 years of service and reflection of that past event and the hope of an unimpeded ability to serve in any capacity when called.

	c.  It has been more than 3 years since the GOMOR was moved from the performance to the restricted section of his AMHRR.  It is in the interest of justice to consider his application after consulting the author of the GOMOR and gaining his confidence given his record of performance both before and in the 14 years since the offense.

3.  The applicant provides:

* Department of the Army Suitability Evaluation Board (DASEB) documentation, dated 7 October 2002
* Character reference letter from the commanding general who issued the GOMOR, dated 4 March 2013
* GOMOR and related documents
* email messages

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the Regular Army, the applicant was appointed as a second lieutenant on 3 May 1999.

2.  On 31 January 2000, he received a GOMOR for DUI of alcohol on 18 December 1999.  On 12 May 2000, the commanding general directed permanently filing the GOMOR in the applicant's AMHRR.

3.  In May 2002, he submitted a request to the DASEB to remove the GOMOR from his AMHRR or transfer it to the restricted section of his AMHRR.

4.  In October 2002, the DASEB voted to approve the transfer of the GOMOR to the restricted section of his AMHRR based upon intent served.

5.  He was promoted to:

* captain on 1 March 2003
* major on 1 April 2009

6.  His DA Forms 67-9 (Officer Evaluation Reports (OERs)) for the period February 2003 to February 2012 show he was rated:

* "Outstanding Performance, Must Promote" by his raters for his performance during the rating periods and potential for promotion
* "Best Qualified" by his senior raters for promotion potential

7.  He was rated "Above Center of Mass" by his senior raters on his last two OERs.

8.  A review of the restricted section of his AMHRR on the interactive Personnel Electronic Records Management System (iPERMS) revealed a copy of the GOMOR in question.

9.  He provided a character reference letter from the commanding general who issued the GOMOR in question, dated 4 March 2013.  He states:

	a.  He submits this letter in hopes that the Board might favorably consider permanently removing the GOMOR that he presented the applicant and placed in his file in 1999.  The reason for the GOMOR was, as a new lieutenant in the Armor School Officer Basic Course, the applicant received a DUI.  As was standard practice and as the Commander of the Armor Center, he issued the GOMOR to him.  He recalls then that the applicant was very remorseful; however, he nonetheless processed the letter and forwarded it for inclusion in his file.

	b.  A couple of years later the applicant, a captain at the time, presented his otherwise pristine and impressive record to him and asked if he would consider recommending moving the GOMOR to the restricted section of his AMHRR.  After a thorough review he decided that this superb officer deserves to have a performance fiche that did not include the DUI letter.  On review, the DASEB agreed with his recommendation and in 2003 the letter was moved.

	c.  Now the applicant, a major, has asked that the DUI letter be removed from the restricted section of his AMHRR and permanently expunged from his military record.  He has communicated with the applicant and read all his efficiency reports since 2002.  His record is outstanding and his service and commitment to the nation are very special.

	d.  His assessment is that the applicant is an incredible warrior/patriot and that his mistake as a very young lieutenant has never in any fashion been repeated.  From his foxhole it is clear that the applicant is the type officer he wants others to follow and emulate.  It is fitting and proper that that 1999 letter be permanently removed from his file.  He strongly recommends it.

10.  Army Regulation 600-8-104 (AMHRR Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR.  It states the purpose of the AMHRR is to preserve permanent documents pertaining to enlistment, appointment, duty stations, assignments, training, qualifications, performance, awards, medals, disciplinary actions, insurance, emergency data, separation, retirement, casualty, administrative remarks, and any other personnel actions.

11.  Army Regulation 600-8-104, appendix B (Documents Authorized for Filing in the Army Military Human Resource Record and/or interactive Personnel Electronic Records Management System), and the U.S. Army Human Resources Command website provides a listing of documents authorized for filing in iPERMS.  It states to file letters of reprimand, censure, or admonition in the performance folder unless directed otherwise by DASEB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and the letter from the commanding general who issued the GOMOR were carefully considered.

2.  His desire to have a 13-year old GOMOR removed from his AMHRR is understandable.  However, the GOMOR was transferred to the restricted section of his AMHRR due to its intended purpose having been served.  There is no evidence the GOMOR was improperly imposed.  As such, removal of the GOMOR from his AMHRR is not appropriate.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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 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)                                         AR20130008610



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ABCMR Record of Proceedings (cont)                                         AR20130008610



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