IN THE CASE OF:
BOARD DATE: 26 March 2014
DOCKET NUMBER: AR20140004109
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 correction of his Army Military Human Resource Record (AMHRR) by removal of a General Officer Memorandum of Reprimand (GOMOR) and associated documents.
2. The applicant states the GOMOR was issued to another Soldier who has the same first and last name as his, but with a different middle name, and a social security number (SSN) that has the same last four numbers as his SSN.
3. The applicant provides copies of the subject GOMOR and associated documents:
* Arrest Report, Columbus Police Department, dated 28 July 2013
* Breath Analyzer Test for alcohol content, dated 28 July 2013
* DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)), initiated and dated 31 July 2013
* Enlisted Record Brief (ERB), dated 12 August 2013
* GOMOR, dated 15 October 2013
* Memorandum, subject: Acknowledgment of Receipt of Reprimand, undated
* Chain of Command Recommendations, dated 5 and 12 November 2013
* Memorandum, subject: Filing Determination on Reprimand, dated 18 November 2013
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a sergeant, pay grade E-5 in the Regular Army.
2. A review of the subject documents provided by the applicant and compared to his name and SSN revealed that a similar name and SSNs both ending in the same four digits.
3. A review of the AMHRR for both the applicant and for the individual identified on the subject documents revealed that all of the subject documents are filed in the AMHRR of both Soldiers.
4. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides the following:
a. all personnel information recorded under the authority of this regulation is the property of the United States Government. Once recorded, it will not be removed except as provided by law or this regulation.
b. Once placed in the AMHRR, the document becomes a permanent part of that file. The document will not be removed from a section or moved to another part of the AMHRR unless directed by one or more of the following:
* The Army Board for Correction of Military Records (ABCMR)
* The Department of the Army Suitability Evaluation Board (DASEB)
* Chief, Appeals and Corrections Branch, U.S. Army Human Resources Command (HRC)
* The AMHRR custodian when documents have been improperly filed
* Commander, HRC, ATTN: HRC-PDO-PO, as an approved policy change to this regulation
* Chief, Appeals Branch, National Guard Personnel Center
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his AMHRR should be corrected by removing a GOMOR and its associated documents.
2. The evidence of record clearly shows that the subject documents do not pertain to the applicant. Furthermore, these documents have been filed in both the applicant's AMHRR and in the appropriate Soldier's AMHRR.
3. In view of the above, it would be appropriate to remove the subject documents from the applicant's 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 following documents from the applicant's AMHRR:
* Arrest Report, Columbus Police Department, dated 28 July 2013
* Breath Analyzer Test for alcohol content, dated 28 July 2013
* DA Form 268, initiated and dated 31 July 2013
* ERB, dated 12 August 2013
* GOMOR, dated 15 October 2013
* Memorandum, subject: Acknowledgment of Receipt of Reprimand, undated
* Chain of Command Recommendations, dated 5 and 12 November 2013
* Memorandum, subject: Filing Determination on Reprimand, dated 18 November 2013
_______ _ 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) AR20140004109
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ABCMR Record of Proceedings (cont) AR20140004109
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