IN THE CASE OF: 

		BOARD DATE:	  11 March 2014

		DOCKET NUMBER:  AR20140000571 


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) dated 15 June 2011 from his Army Military Human Resource Record (AMHRR) or as an alternative that it be transferred to the restricted section of his AMHRR.

2.  The applicant states he believes the GOMOR has served its intended purpose.  He was involuntarily extended for a year in Germany while the U.S. Army Human Resources Command (HRC) initiated elimination proceedings with the intent to have him go through show-cause proceedings which were subsequently terminated favorably. 

3.  The applicant provides copies of his request to the Department of the Army Suitability Evaluation Board (DASEB), the Results of his Show-Cause Board, and five third-party letters of support.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 November 1995 and served until he was honorably discharged in the pay grade of E-6 on 24 March 2004 to accept appointment as a warrant officer.

2.  On 25 March 2004, he was appointed as a Reserve warrant officer one (WO1) with a concurrent call to active duty.  He continued to serve and was promoted to the rank of chief warrant officer three (CW3) on 1 November 2009. 

3.  On 15 June 2011, the applicant was issued a GOMOR for failure to maintain control of his motor vehicle which resulted in his damaging private property (a garage and vehicle) and fleeing the scene of the accident.  The applicant elected not to submit a rebuttal statement and the imposing commander directed the GOMOR to be filed in his AMHRR.  

4.  On 26 June 2012, the applicant submitted a request to the DASEB requesting that the GOMOR be transferred to the restricted section of his AMHRR based on intent served.

5.  On 8 November 2012, after reviewing all of the available evidence in his case, the DASEB voted unanimously to deny his appeal.

6.  On 14 June 2013, the Commanding General, directed that elimination processing that had been initiated against the applicant (Show-Cause Board) be terminated.

7.  The letters of support provided by the applicant, dated in 2012 and 2013 apparently for his DASEB appeal, serve to applaud the applicant's character and performance and opine that the GOMOR has served its purpose.  

8.  Army Regulation 600-37 (Unfavorable Information) sets forth policy and procedures to authorize placement of unfavorable information about Army members in individual official personnel files, and ensure that the best interest of both the Army and the Soldier are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files.  It states 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.  Only letters of reprimand, admonition or censure may be the subject of an appeal for transfer to the restricted folder.  Such documents may be appealed on the basis of proof that their intended purpose has been served and that their transfer will 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.  Appeals submitted under this provision will normally be returned without action unless at least 1 year has elapsed since the imposition of the letter and at least one evaluation report, other than academic, has been received in the interim.

9.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) serves as the authority for filing and the release of documents authorized for filing in the AMHRR.  It states the restricted folder is used for historical data that may normally be improper for viewing by selection boards or career managers.  Documents in this folder are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, evaluation periods, corrections to other parts of the AMHRR; record investigation reports; record appellate actions; and to protect the interests of the Soldier and the Army.  The release of information in this folder is controlled and will not be released without written approval from the U.S. Army Human Resources Command Commander or the Department of the Army Headquarters selection board proponent.

10.  Army Regulation 600-37 serves as the authority for filing unfavorable information in the AMHRR.  It states a nonpunitive memorandum of reprimand or admonition will be filed in the AMHRR only when directed by a general officer or the officer having general court-martial jurisdiction over the recipient.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the GOMOR should be moved to the restricted folder of his AMHRR based on intent served has been noted and appears to lack merit.

2.  The GOMOR was filed in the performance folder of his AMHRR based on a determination made by the imposing general officer.

3.  The Army has an interest in maintaining such documents and the applicant has not shown sufficient reasons why it should not remain a matter of record, even after considering his entire record.

4.  His records show he had an excellent record of performance prior to receiving the GOMOR for an offense that he should have known was improper.  Additionally, the imposing general officer had a choice at the time to file the GOMOR locally or in his official records.  The applicant had an excellent record of performance prior to the GOMOR and the imposing general officer made the decision to make the GOMOR a matter of record for selection boards and personnel managers to consider.

5.  The available evidence clearly shows the applicant's conduct was not the conduct expected of a senior warrant officer with the years of service and experience he had and violated the trust placed in him as a leader and Warrant Officer.

6.  He has failed to provide sufficient evidence to show how, after less than 3 years, the intended purpose of the GOMOR has been served.  Accordingly, there appears to be no basis to grant his request to move his GOMOR to the restricted folder of his AMHRR.
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)                                         AR20140000571





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ABCMR Record of Proceedings (cont)                                         AR20140000571



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