BOARD DATE:	  18 February 2014

		DOCKET NUMBER:  AR20130021295 


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, in effect, correction of her Army Military Human Resource Record (AMHRR) by transferring the General Officer Memorandum of Reprimand (GOMOR), dated 28 July 2011, to the restricted folder of her AMHRR. 

2.  The applicant states, in effect:

   a.  The GOMOR has served its intended purpose and the requested transfer of the document to the restricted folder of her AMHRR is in the best interest of her military career and the Army.  

   b.  She previously requested the Department of the Army Suitability Evaluation Board (DASEB) transfer the document to the restricted folder of her AHMRR; however, the request was within 365 days of imposition.  
   
   c.  The person of character reported to be in error or at fault for taking unauthorized leave and marrying a noncommissioned officer is not who she is today.  She has proven that her character, ethical behavior, and obedience to rules and regulations are above reproach and to standard.  
   
   d.  She takes pride in her over 16 years of service and would like to continue her career without having any unfavorable action in her records.   



3.  The applicant provides:

* 2 memoranda
* DA Form 67-9 (Officer Evaluation Report (OER))
* 3 certificates
* a Certificate of Appreciation
* an Army Commendation Medal Certificate
* a Certificate of Achievement
* an Army Achievement Medal
* an unofficial college transcript
* 2 DA Forms 31 (Request and Authority for Leave)
* DASEB Record of Proceedings Docket Number AR20120014775

CONSIDERATION OF EVIDENCE:

1.  Having 11 years, 2 months, and 16 days of active service in the Regular Army, the applicant was discharged in the rank of sergeant first class (SFC) on 14 April 2008, to accept commission or warrant in the Army.  The applicant is currently serving in the Regular Army having been promoted to the rank of chief warrant officer two (CW2) on 15 April 2010.

2.  On 28 July 2011, the applicant was reprimanded by the Commander, Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK, for violating the command's leave and pass policy on 24 April 2011, by exceeding the 250 mile pass radius without permission and for violating Army policy by fraternizing with a noncommissioned officer, a Soldier she supervised and rated, which resulted in marriage.

3.  The GOMOR stated the reprimand was imposed as an administrative measure and not as punishment under Article 15 of the Uniform Code of Military Justice (UCMJ).  The imposing officer made no determination regarding the filing of the GOMOR in the applicant's AMHRR, and invited the applicant to submit a response for consideration.  

4.  On 29 July 2011, the applicant acknowledged receipt of the GOMOR and she responded to her GOMOR in the form of a 2-page rebuttal.   

5.  On 30 August 2011, the commander considered the applicant's response and  directed the GOMOR be filed permanently in the applicant's AMHRR.  The GOMOR was filed in the performance folder of her AMHRR.  

6.  The applicant petitioned the DASEB to have her GOMOR transferred to the restricted folder of her AMHRR.  In her request for transfer, the applicant stated that per Army Regulation 600-37 (Unfavorable Information), the intent of the GOMOR had been served by virtue of its being in her AMHRR for one year, and her having received an OER.  On 4 October 2012, the DASEB considered her petition and unanimously voted to retain the GOMOR in her AMHRR.  

7.  She provides numerous documents submitted as attachments to her application for relief, including copies of an OER, certificates and awards, and  letters of support/character references.  These documents show she performed admirably while on active duty and earned the respect of her seniors, subordinates, and peers alike.  

8.  Army Regulation 600-37 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.

9.  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 chapter 7 of Army Regulation 600-37.  Paragraph 7-2 (Policies and standards) 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 the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the AMHRR.  There are no provisions in the governing regulation to automatically transfer a GOMOR based on elapsed time.

10.  Army Regulation 600-8-104 (AMHRR Management) governs the composition of the AMHRR and states that the performance section is used for filing performance, commendatory, and disciplinary data.  Once placed in the AMHRR, a document becomes a permanent part of that file.  The document will not be removed from or moved to another part of the AMHRR unless directed by certain agencies, to include this Board.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to transfer her GOMOR from the performance folder to the restricted folder of her AMHRR has been carefully considered.

2.  The evidence of record shows the applicant received a GOMOR in July 2011 for violating the command's leave and pass policy by exceeding the 250 mile pass radius without permission and for violating Army policy by fraternizing with a noncommissioned officer, a Soldier she supervised and rated, which resulted in marriage.  She was afforded the opportunity to review all of the evidence against her and submit matters on her own behalf prior to a final filing decision.  

3.  Despite her contentions, the GOMOR was referred for filing in the performance folder of her AMHRR.  She petitioned the DASEB for transfer of the GOMOR to the restricted folder of her AMHRR; however, the DASEB unanimously denied her request.

4.  The GOMOR is primarily used as a tool for teaching proper standards of conduct and performance.  The applicant was formerly a senior noncommissioned officer who subsequently attained the rank of CW2.  She had over 14 years of service at the time of her misconduct.  While it is apparent she   has strived to place the incident and her lack of judgment behind her, given the relatively short elapsed time and the seriousness of the misconduct, it is determined that the GOMOR has not served its intended purpose.

5.  After a comprehensive review of the evidence in the applicant's AMHRR, the applicant's contentions and arguments, and the evidence submitted in support of her application, other than her dissatisfaction, the applicant did not show by clear and convincing evidence that her GOMOR contains a material error, inaccuracy, or injustice.  Therefore, at this time there remains insufficient evidence to grant the requested relief in this case.

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 that 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)                                         AR20130021295





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ABCMR Record of Proceedings (cont)                                         AR20130021295



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