IN THE CASE OF:	   

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20140011257 


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 removal of a General Officer Memorandum of Reprimand (GOMOR) from the restricted section of his Official Military Personnel File (OMPF).

2.  The applicant defers his comments to counsel. 

3.  The applicant allows counsel to provide supporting documentation. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests removal of a GOMOR from the restricted section of the applicant’s OMPF because it has served its purpose.

2.  Counsel states, in effect, the applicant was a lieutenant at the time he was issued the GOMOR and that he had no motives for filing a false claim against the government, he simply wanted to get his insurance claim filed quicker so that he could get his vehicle fixed.  The letter from his insurance company should resolve any doubt in that regard.  While the applicant’s actions of filing two police reports for the burglary and vandalism to his vehicle were not proper, they were not done to gain any monetary incentives that he was not otherwise entitled to, it was simply an error in judgment.  The applicant’s subsequent conduct and performance attest to the fact that he regrets his actions, and he has dedicated himself to being an exemplary officer for more than 17 years which should be considered and given great weight by the Board.   

3.  Counsel provides a seven-page brief listing all enclosures with the application. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was commissioned as a U.S. Army Reserve (USAR) second lieutenant and he was ordered to active duty on 17 December 1993.  He completed his basic officer course at Fort Sill, Oklahoma and was transferred to Fort Polk, Louisiana for his first assignment.  He was promoted to the rank of first lieutenant on 27 February 1996.

3.  On 24 January 1997, the applicant received a GOMOR for making a false statement with the intent to deceive the U.S. Army Criminal Investigation Command in that he stated his truck had been vandalized on Fort Polk when he knew in fact that it had been vandalized in Baton Rouge, Louisiana, and a civilian police report had already been filed. 

4.  The applicant submitted a statement in his own behalf whereas he admitted his guilt and asserted that it was his intent to get his vehicle fixed and he needed a police report to file his claim.  He believed that he could get a report faster on post rather than from the Baton Rouge police.

5.  The commanding general directed that the GOMOR be filed permanently in his OMPF.

6.  On 26 February 1997, the applicant was honorably released from active duty due to completion of required service and he was transferred to the USAR Control Group (Reinforcement).  He had served 3 years, 5 months, and 20 days of active service.


7.  On 8 June 2005, he was promoted to the rank of major and on 2 September 2010, the Department of the Army Suitability Evaluation Board approved his request to transfer the GOMOR to the restricted section of his OMPF based on intent served.

8.  The applicant was promoted to the rank of lieutenant colonel on 3 January 2011 and on 1 August 2013, he was issued his 20-Year letter.

9.  Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual personnel files.  Paragraph 7-2 (Policies and Standards) 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 or that it has served its intended purpose to support transfer from the performance folder to the restricted folder of the OMPF.

10.  Paragraph 3-37 of Army Regulation 27-10 provides the filing determination for the documents associated with unfavorable disciplinary actions.  It states, in pertinent part, that the restricted section of the OMPF is that portion of the OMPF that contains information not normally viewed by career managers or selection boards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions and supporting documents have been carefully considered and appear to lack merit.

2.  The applicant has admitted that he committed the act for which he received the GOMOR and while the applicant's concerns are understood, the Army has an interest in maintaining such documents.  The applicant has not shown sufficient reasons why the GOMOR should not remain a matter of record, even after considering his entire record.

3.  Absent evidence to show an error or injustice exists in his case, there appears to be no basis to remove the requested documents from his OMPF.




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)                                         AR20140011257



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ABCMR Record of Proceedings (cont)                                         AR20140011257



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