BOARD DATE:	  10 April 2014

		DOCKET NUMBER:  AR20140002106 


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 General Officer Memorandum of Reprimand (GOMOR), dated 9 September 2008, be removed from his Army Military Human Resource Record (AMHRR) (formerly known as Official Military Personnel File).

2.  He states, in effect:

	a.  He received the GOMOR due to accidentally discharging the M249 Squad Automatic Weapon (SAW) from a mounted position before a patrol.

	b.  He did have an accidental discharge and it was due to negligence.  When handed the weapon, he checked the weapon to see if the bolt was forward or to the rear.

	c.  He unnecessarily pulled the trigger of the weapon to check its functionality and fired three rounds.  

	d.  He believes the error was bad enough for him to have been disciplined; however, he does not feel his single error should devastate the continuation of his career as a U.S. Army infantryman.  

3.  He provides no additional documents.



CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted his application, he was serving on active duty in the rank of staff sergeant (SSG)/E-6.  

2.  On 9 September 2008, the applicant received a GOMOR for negligently discharging his weapon.  On 4 September 2008, he switched weapons with another Soldier.  In an attempt to verify the weapon was in amber status, he squeezed the trigger, discharging three rounds into the gun shield of the vehicle.

3.  The GOMOR was imposed as an administrative measure in accordance with Army Regulation 600-37 (Unfavorable Information), paragraph 3-6 and it was not imposed as punishment under Article 15, Uniform Code of Military Justice (UCMJ).  The applicant was informed that the GOMOR would be filed in the performance portion of his AMHRR as a permanent document.  The applicant acknowledged receipt of the GOMOR.  His service record is void of evidence which indicates whether he elected to submit statements or documents in rebuttal.

4.  On 7 October 2008, the commanding general directed the GOMOR be filed permanently in the applicant's AMHRR.

5.  A review of the applicant's military records in the Interactive Personnel Electronic Records Management System revealed:

   a.  the GOMOR and allied documents were filed on the performance portion of the applicant's AMHRR;
   
   b.  he was awarded the Purple Heart, Army Commendation Medal, and Army Achievement Medal subsequent to receipt of the GOMOR;

   c.  he received two Noncommissioned Officer Evaluation Reports for the periods ending 31 July 2010 and 5 March 2013 which show he received all "Yes" ratings for Army Values/Attributes/Skills/Actions and was rated as "Among the Best" and "Successful" and Block 1/"Superior" and Block 1 with positive comments; and
   
   d.  he was promoted to SSG/E-6 on 1 September 2010.




6.  Army Regulation 600-37 prescribes policies and procedures regarding unfavorable information considered for inclusion in official personnel files.

	a.  Paragraph 3-4 applies to filing of nonpunitive administrative letters (or memoranda) of reprimand or censure in official personnel files.

	b.  Paragraph 3-4(b) states that a letter (or memorandum), regardless of the issuing authority, may be filed in the AMHRR maintained by the U.S. Army Human Resources Command or the proper State Adjutant General (for Army National Guard Personnel) only upon the order of a general officer (to include one frocked to the rank of brigadier general) senior to the recipient by direction of an officer having general court-martial jurisdiction over the individual.  Letters (or memoranda) filed in the AMHRR will be filed in the performance folder.  The direction for filing in the AMHRR will be contained in an endorsement or addendum to the letter (or memorandum).

	c.  Paragraph 7-2b(1) states that unfavorable 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received a GOMOR on 9 September 2008 for negligently discharging his weapon.  

2.  The evidence of record shows the GOMOR and allied documents were filed on the performance portion of the applicant's AMHRR.  

3.  Two NCOERs rendered after the issuance of the GOMOR show that he was rated "Among the Best" and "1-Sucessful/1-Superior" by his rating officials.

4.  The evidence of record also shows he was promoted to SSG subsequent to the receipt of the GOMOR and was awarded the Army Commendation Medal (4th Award) and the Army Achievement Medal.

5.  Further, it has been 5 years since the rendering of the GOMOR.

6.  Based on the overall evidence of record, it appears the GOMOR has met its intended purpose and it would be appropriate to transfer the GOMOR and all allied documents from the performance portion to the restricted portion of the applicant's AMHRR.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_X____  __X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by transferring the GOMOR and all allied documents from the performance portion to the restricted portion of his AMHRR.  Additionally, the Board recommends that this Record of Proceedings be filed in the restricted portion of his AMHRR.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to removal of the GOMOR dated 9 September 2008 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)                                         AR20140002106



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ABCMR Record of Proceedings (cont)                                         AR20140002106



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