IN THE CASE OF:	  

		BOARD DATE:	  1 October 2014

		DOCKET NUMBER:  AR20140001087 


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 reconsideration of her previously-denied request for removal of a General Officer Memorandum of Reprimand (GOMOR), dated 
20 March 2009, from her official military personnel file (OMPF).  In the event her request for removal is denied, she requests the GOMOR be transferred to her restricted file.

2.  The applicant states that since her original request to have the GOMOR removed, she was subjected to a show-cause board that recommended she be retained in the U.S. Army Reserve (USAR).  She opines that the GOMOR has served its intended purpose and she has taken full responsibility for her actions that resulted in her GOMOR.  

3.  The applicant provides a self-authored statement and a memorandum from the U.S. Army Human Resources Command (HRC), Subject:  Involuntary Separation Board Results, Applicant, dated 16 July 2012. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120007855 on 20 December 2012.



2.  She provided a memorandum from HRC, Subject:  Involuntary Separation Board Results, Applicant, dated 16 July 2012, which was not previously considered by the ABCMR.  Therefore, this memorandum is new evidence that warrants consideration by the Board.

3.  The applicant was appointed as a Reserve commissioned officer of the Army, in the Adjutant General Corps, on 10 May 1986.  After serving in a variety of positions of increasing responsibility, she was promoted to major (MAJ).  On     28 March 2003, she was ordered to active duty in support of Operation Enduring Freedom.   

4.  On 7 December 2006, she was promoted to lieutenant colonel (LTC).

5.  On 20 March 2009, she received a GOMOR from the Commanding General (CG) for violating Joint Federal Travel Regulation (JFTR), paragraph U413(b)(3), by intentionally submitting fraudulent travel vouchers to the Defense Finance and Accounting Service (DFAS) on six separate occasions from September 2006 through February 2007, wherein she claimed monthly rental payments for a television she owned as of August 2006.  In support of these claims, she created fraudulent receipts and bills using old receipts and bills that she physically altered.  Additionally, in August 2008, after coming under investigation, she made a verbal statement to a U.S. Army Criminal Investigation Command (CID) agent denying alteration of the receipts and invoices, claiming she did not intentionally submit fraudulent vouchers to DFAS.  This statement was later determined to be untrue.

6.  On 6 April 2009, she submitted an appeal to the GOMOR indicating she wanted the CG to consider not filing the GOMOR in her OMPF.  She stated she accepted full responsibility for her actions, perceived and actual, associated with the rental of the television.  She also admitted to exhibiting a serious flaw in judgment as evidenced by her fraudulent actions.  She stated she was humiliated, ashamed, and very remorseful for her actions.  Additionally, she  admitted she took the easy wrong over the hard right in order to recoup payments not received from DFAS by purposefully modifying a receipt and invoice, but contended she did not try to gain any more than she considered was due to her.  She concluded she hoped the CG could find it in his heart to temper justice with mercy and not allow her one instance of unacceptable behavior to abruptly end a very successful Reserve career with the filing of the reprimand in her OMPF.

7.  On 22 April 2009, after careful consideration of the facts and circumstances pertaining to the applicant, the imposing authority directed the GOMOR to be filed in her OMPF.  
8.  A memorandum from HRC, Subject:  Involuntary Separation Board Results, Applicant, dated 16 July 2012, stated that a Field Board of Inquiry was held on    4 May 2012.  The board recommended that the applicant be retained in the USAR.  The memorandum further stated that the findings and recommendations of the board were approved.    

9.  Orders D-02-402089, dated 3 February 2014, show she was later honorably discharged from the USAR effective 9 June 2014.   

10.  Army Regulation 600-37 (Unfavorable Information) states that once an official document has been properly filed in the OMPF 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 that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF.

11.  Army Regulation 600-37 states that the Department of the Army Suitability Evaluation Board (DASEB) will transfer from the performance to the restricted portion of the OMPF those administrative letters of reprimand, admonition, or censure that are determined upon appeal to have served their intended purpose, when such transfer would be in the best interest of the Army.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received a GOMOR on 20 March 2009 for violating the JFTR by intentionally submitting fraudulent travel vouchers to DFAS on six separate occasions, creating fraudulent receipts and bills, and rendering a false official statement to a CID agent.  In her appeal memorandum to the CG, she accepted full responsibility for her actions, perceived and actual, associated with the rental of the television.  She also admitted to exhibiting a serious flaw in judgment as evidenced by her fraudulent actions.

2.  In view of the foregoing, the applicant has provided no evidence to show the statements listed on the GOMOR were untrue or unjust.  Therefore, there is no basis to remove the GOMOR from her OMPF.

3.  Army Regulation 600-37 allows the DASEB to transfer administrative letters of reprimand from the performance to the restricted section of the OMPF after determining that "the intended purpose has been served."  The evidence of record shows the applicant received a GOMOR on 20 March 2009, which was
5 years ago.  She has since appeared before a show-cause board that retained her in the USAR.  She has also been honorably discharged from the USAR.  
4.  However, it is noted that the applicant was commissioned in the USAR in May 1986 and she was an Army LTC with over 26 months time in grade at the time of the incident.  As a senior officer, she had an inherent responsibility to serve as a model of the Army values.  Her actions in regard to the incidents cited in her GOMOR reflect unmitigated moral turpitude, lack of integrity, serious character deficiency and/or substantial breech of military discipline.  Notwithstanding the fact that the show-cause board retained her in the USAR, that is not sufficient evidence to show the intent of the GOMOR has been served.  

5.  In view of the evidence in this case, there is no basis for granting her 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120007855, dated 20 December 2012.



      _______ _   _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)                                         AR20120007855



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ABCMR Record of Proceedings (cont)                                         AR20140001087



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