IN THE CASE OF:	  

		BOARD DATE:	    17 October 2013

		DOCKET NUMBER:  AR20130013999 


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 the general officer memorandum of reprimand (GOMOR), dated 25 February 2012, and associated documents 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.  The applicant states:

	a.  The Department of the Army Suitability Evaluation Board (DASEB) denied his request to transfer the GOMOR to the restricted folder of his AMHRR.

	b.  The decision of the DASEB was unjust/unfair because there is no other derogatory information in his AMHRR; counseling and medical documents were submitted indicating his progress; letters of recommendation for transfer of the GOMOR to the restricted folder of his AMHRR were provided by the imposing authority, a brigadier general, and his current rater; and his current officer evaluation report (OER) has not been considered as evidence of his performance since receiving the GOMOR.

	c.  He has maintained a solid military record throughout his 15-year military career.  The filing of the GOMOR in his performance folder adversely impacts his present military record and potential to progress professionally in the Army.  The 15 years he has served in the Army expresses his commitment and dedication to duty.

	d.  The isolated incident in November 2011 for which he was reprimanded and for which he is extremely remorseful should not be the representation of his overall character as a person and Soldier.  The unfortunate experience with his spouse, as painful as it was, was a result of post-traumatic stress disorder and stress.

	e.  He provided official documentation to the DASEB referencing his medical condition and therapy he received as a result of this regrettable encounter.  This should not be permanently documented in his performance record.  He and his wife remain committed to their marriage.  He and his wife attend weekly marital counseling sessions.  The treatment manager indicates there have been improvements in their communication and problem solving, and overall the applicant is improving his skills.  The counseling/therapy he received was voluntary and not command directed.

	f.  He received letters of recommendation from the imposing authority and his current rater.  The imposing authority's letter stated:

		(1)  When he issued the GOMOR his purposes were threefold:  (1) to prevent a recurrence of the November 2011 misconduct; (2) to motivate him to obtain counseling for the issues that precipitated such conduct; and (3) to compel him to perform his duties in a satisfactory manner.  In his opinion, each of these purposes have been accomplished.

		(2)  The applicant has the potential to serve productively in the future.

		(3)  He now recommends transfer of the GOMOR to the applicant's restricted folder on the grounds that his intended purposes for issuing the GOMOR have been accomplished and that such a transfer would be in the best interest of the Army.

	g.  His current rater stated he strongly recommends transfer of the GOMOR to the restricted folder of his AMHRR and states the reprimand has served its intended purpose.

	h.  The support he received from the imposing authority and his current rater is substantive evidence that the GOMOR has served its intended purpose and their support is justification to approve the request to transfer the GOMOR to the restricted folder of his AMHRR.

	i.  The OER he received from his former unit covered the period 5 July 2011 to 4 July 2012.  This particular OER was received 5 months after being reprimanded on 25 February 2012.  His former raters did not comment on his behavior in that OER because of the voluntary counseling/therapy he was receiving.  Since receiving the GOMOR he no longer serves with the unit where the GOMOR was imposed.  As of 1 October 2012, he was selected to serve as the Assistant Deputy Command Chaplain for the Army Support Activity at Fort Dix, NJ.  Seven months after receiving the GOMOR, he completed the Combat Emergency Medical Ministry Course at Fort Sam Houston, TX, in September 2012.  He is currently pursuing a Master of Arts degree in International Relations and Conflict Resolution.  He serves as the military liaison officer for both the Pemberton-Burlington County ministry and the Joint Base McGuire-Dix Lakehurst military community.

	j.  After the DASEB rendered its decision, he received an OER for the period 5 July 2012 to 4 July 2013 and was rated as "Outstanding Performance, Must Promote" and "Best Qualified, Center of Mass."  This recent OER, the completion of a military school/course, and the selection for a new assignment/position should be strongly evaluated given his request for transfer of the GOMOR to the restricted folder of his AMHRR.

	k.  In light of the above, he humbly and respectfully requests the Board transfer this reprimand to the restricted folder of his AMHRR so that he may regain some measure of competitiveness as an officer, for increased levels of responsibility to serve Soldiers, to serve the Army, to serve God, and to serve God in the Army.

3.  The applicant provides 10 enclosures outlined on the last page of his statement, dated 26 July 2013.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer in the rank of first lieutenant in the Chaplain Corps on 16 March 1998.  He served in Iraq in 2005.  He was promoted to major on 3 February 2010.

2.  On 25 February 2012, he received a GOMOR for locking his spouse in their home, threatening her, and brandishing a firearm.  On 24 March 2012, the commanding general directed permanently filing the GOMOR in the applicant's AMHRR.

3.  He provides an OER covering the period 5 July 2012 through 4 July 2013 which shows he was rated "Outstanding Performance, Must Promote" by his rater and "Best Qualified" by his senior rater.

4.  In March 2013, he submitted a request to the DASEB to transfer the GOMOR from his performance folder to the restricted folder of his AMHRR.  He provided letters of support from the imposing authority and his rater.

5.  On 27 June 2013, the DASEB denied his request to transfer the GOMOR to the restricted folder of his AMHRR and cited the overall merits of the case did not warrant the requested relief.

6.  A review of the performance folder of his AMHRR on the integrated Personnel Electronic Records Management System (iPERMS) revealed a copy of the GOMOR in question.

7.  Army Regulation 600-8-104 (Army Military Human Resource Records 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.

8.  Army Regulation 600-8-104, appendix B (Documents Authorized for Filing in the Army Military Human Resource Record and/or iPERMS), and the U.S. Army Human Resources Command website provide 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 the DASEB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, a major serving as a chaplain, received a GOMOR for domestic violence in February 2012.

2.  The governing regulation states administrative letters of reprimand will be filed in the performance folder of the AMHRR.

3.  There is no evidence that the GOMOR was improperly imposed.  The GOMOR is properly filed in his AMHRR in accordance with the governing regulation.

4.  He contends the support he received from the imposing authority and his current rater is substantive evidence that the GOMOR has served its intended purpose and justification to approve the request to transfer the GOMOR to the restricted folder of his AMHRR.  However, since it has only been approximately 1 1/2 years and the applicant has provided insufficient evidence to show the GOMOR has served its purpose and that it is in the best interest of the Army to transfer the document, there is an insufficient basis for granting the 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)                                         AR20130013999



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ABCMR Record of Proceedings (cont)                                         AR20130013999



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