IN THE CASE OF:	  

		BOARD DATE:	    15 October 2013

		DOCKET NUMBER:  AR20130015476 


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) from the restricted portion of his Army Military Human Resource Record (AMHRR).

2.  He states:

	a.  The Department of the Army Suitability Evaluation Board (DASEB) approved the transfer of his GOMOR from the performance to the restricted portion of his AMHRR.  Army Regulation 600-37 (Unfavorable Information) allows the removal of adverse information when it has served its intended purpose and the transfer would be in the best interest of the Army.  The incident that resulted in the GOMOR was not part of his normal pattern of behavior.  It was a one-time mistake, and the only way to prove that was through time and performance.

	b.  He fully realizes the effect the GOMOR has had on his career, and he has taken his mistake and used it to mentor Soldiers personally and professionally.  Since the incident, he has attended the Warrant Officer Advanced, Staff and Senior Staff courses as well as the Instructor Pilot and Instrument Examiner courses.  

	c.  He would like the opportunity to serve his country past 20 years, and the only way he can accomplish this is to be competitive for and get promoted to chief warrant officer five (CW5).  He accepts responsibility for his "horrible decision" and the embarrassment that came along with it.  This is why he believes the GOMOR has served its intended purpose.  
3.  He provides:

* a self-authored memorandum
* Officer Record Brief (ORB)
* seven DA Forms 67-9 (Officer Evaluation Report (OER))

CONSIDERATION OF EVIDENCE:

1.  Following a period of honorable enlisted service, on 21 September 2000, the applicant was appointed as a warrant officer one.  His record shows he successfully completed training as a rotary wing aviator, and he has served in various duty positions in that capacity.    

2.  On 16 November 2002, he was arrested for failure to obey a traffic control, failure to keep to the right of the roadway, and driving while intoxicated (DWI).  

3.  On 19 December 2002, Major General (MG) FLH, Commander, Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum, NY, reprimanded the applicant for driving a vehicle while under the influence of alcohol on 16 November 2002.  The GOMOR shows the reprimand was imposed as an administrative measure and not as punishment under Article 15, Uniform Code of Military Justice.

4.  On 31 January 2003, the applicant acknowledged receipt of the GOMOR.  He indicated he understood he had the right to submit comments or matters in rebuttal, and he elected not to make a statement.

5.  His company, battalion, and brigade commanders recommended the GOMOR be filed in his AMHRR.  On 7 February 2003, MG FLH directed the GOMOR be filed in his AMHRR.

6.  The ORB he provides shows he was promoted to:

* chief warrant officer two effective 21 September 2002
* chief warrant officer three effective 1 May 2007
* chief warrant officer four (CW4) effective 1 July 2012

7.  On 10 January 2006, the President, DASEB, informed the applicant the DASEB had voted to approve transfer of the GOMOR to the restricted portion of his AMHRR.  The transfer was based upon intent served.  The GOMOR is currently filed in the restricted portion of his AMHRR in accordance with the DASEB decision.  

8.  His record contains OERs for 10 rating periods spanning the period 10 November 2002 through 19 April 2013.  The OERs contain no derogatory information.  Each shows his raters evaluated his performance and potential for promotion as "outstanding performance, must promote," and his senior raters evaluated his promotion potential as "best qualified."  His most recent OERs show his raters and senior rater recommended that he be promoted to CW5 below-the-zone.

9.  His record is void of documentation showing he has been the subject of any disciplinary action subsequent to receiving his GOMOR.

10.  Subsequent to receiving his GOMOR, he has been awarded the:

* Army Achievement Medal (two awards)
* Air Medal (three awards)
* Bronze Star Medal
* Meritorious Service Medal

11.  The ORB he provides shows he completed the:

* Aviation Warrant Officer Advanced Course in 2011
* UH-60M Aviator Qualification/Instructor Pilot Training in 2011
* Warrant Officer Staff Course in 2012
* Warrant Officer Senior Staff Course in 2013
* Rotary Wing Instrument Flight Course in 2013

12.  Army Regulation 600-37 sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual AMHRRs; ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual AMHRRs; and ensure that the best interests of both the Army and Soldiers are served by authorizing unfavorable information to be placed in and, when appropriate, removed from AMHRRs.  It states unfavorable information that should be filed in the AMHRR includes indications of substandard leadership ability, promotion potential, morals, and integrity.

	a.  The 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 GOMOR 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.

	c.  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.

	d.  Only letters of reprimand, admonition, or censure may be the subject of an appeal for transfer to the restricted section 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.

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

DISCUSSION AND CONCLUSIONS:

1.  Nearly 11 years have passed since the applicant received a GOMOR for DWI.  His record shows no evidence of any subsequent indiscipline.  

2.  His record clearly shows the GOMOR has served its purpose.  Since receiving the GOMOR, he has multiple awards for his service and achievements, he has been promoted to CW4, and he has successfully completed the aviation training commensurate with his grade and length of service.  Further, his OERs show his raters and senior raters believe he has the potential to serve in the next higher grade.

3.  Considering the estimation of his potential shown in his OERs and his overall performance, it would be in the best interest of the Army to remove the GOMOR and all associated documents from his AMHRR.  
BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 removing the GOMOR dated 19 December 2002 and all associated documents from 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)                                         AR20130015476



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ABCMR Record of Proceedings (cont)                                         AR20130015476



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