IN THE CASE OF:  	  

		BOARD DATE:  4 December 2014	  

		DOCKET NUMBER:  AR20140015422 


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), dated 12 August 2005, from his official military personnel file (OMPF).

2.  The applicant states he made poor choices when he was a young Soldier.  On 10 May 2005, he was charged with "a blood alcohol content" and reckless driving.  He was issued a GOMOR and chaptered out of the military some time after that. He admits that as a young Soldier he made poor choices.  Since he came back in the Army in 2008, he has utilized his previous poor choices to mentor troops about the importance of not making poor choices.  He has been promoted to sergeant and he is looking toward making staff sergeant soon.  He believes that since he has endured the punishment of being chaptered out, he should be able to get a fresh start since he continues to do great things in the Army.  He is trying to put in his warrant officer packet and he doesn't want this poor choice to be the final decision for him moving forward in his career.  

3.  The applicant provides:

* his GOMOR, dated 12 August 2005, and related documents
* his case file for approved separation processing
* DD Form 214 (Certificate of Release or Discharge from Active Duty), with a separation date of 28 February 2006  


CONSIDERATION OF EVIDENCE:

1.  On 17 September 2003, he enlisted in the Regular Army for 4 years.

2.  On 12 August 2005, he received a GOMOR for driving while intoxicated.  On 
27 September 2005, after reviewing the GOMOR and supporting documents, the imposing officer directed it be filed in his OMPF.

3.  On 2 December 2005, action was initiated to separate him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 14, paragraph 14-12b, based on a pattern of misconduct.

4.  On 28 February 2006, he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12b.  He completed 2 years, 5 months, and 14 days of active service that was characterized as under honorable conditions.

5.  On 7 August 2008, he enlisted in the Regular Army for 4 years.  He had an administrative waiver approved on 14 April 2008 by the Deputy Director of Recruiting Operations and a moral waiver approved on 25 March 2008.

6.  Permanent orders awarded him the Army Commendation Medal for exceptional service during Operations Iraqi Freedom and New Dawn from         21 May 2010 to 15 May 2011.

7.  On 1 June 2011, he was promoted to the rank/grade of sergeant (SGT)/E-5.   He was rated "Among the Best" for overall potential for promotion and/or service in positions of greater responsibility by his rater and "Successful (1)" for overall performance and "Superior (1)" for overall potential for promotion and/or service in positions of greater responsibility by his senior rater on his Noncommissioned Officer Evaluation Reports (NCOER) for the following periods:

* 2 October 2012 - 1 October 2013
* 2 October 2013 - 10 March 2014

8.  Permanent orders awarded him the Army Achievement Medal for exceptional achievement in support of Operation Enduring Freedom from 13 April 2012 to 
5 April 2013.

9.  Permanent orders awarded him the Army Achievement Medal for exceptionally meritorious achievement during the command supply discipline program inspection from 9 September to 2 October 2013.

10.  A review of his OMPF revealed a copy of the GOMOR in the Performance and Restricted folders in his OMPF.

11.  Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files; to ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual official personnel files; and to ensure that the best interests of both the Army and the Soldiers are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files.

	a.  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.  Appeals that merely allege an injustice or error without supporting evidence are not acceptable and will not be considered.

	b.  Only letters of reprimand, admonition, or censure may be the subject of an appeal for transfer to the restricted section of the OMPF.  Such 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 the GOMOR 9 years ago and he was chaptered out of the Army in 2006 as a result.  He enlisted again in 2008 and since his enlistment he has had no further record of indiscipline.  He has been awarded one Army Commendation Medal and two Army Achievement Medals.  He was promoted to SGT and his last two NCOERs show he is "Among the Best" and "Superior (1)" for overall potential for promotion and/or service in positions of greater responsibility and "Successful (1)" for overall performance.  

2.  He has accepted full responsibility for his misconduct and uses his experiences to mentor younger Soldiers.   

3.  In view of the above, there is sufficient evidence to show the GOMOR has served its intended purpose and it would be in the best interest of the Army and the Soldier to remove the GOMOR, dated 12 August 2005, and related documents from the performance section his OMPF.

4.  The available evidence indicates the information contained in the GOMOR is accurate and that the GOMOR was properly imposed in compliance with applicable regulations and is properly filed in the restricted section of his OMPF.  He has not provided clear and convincing evidence the GOMOR was not true or is unjust or that the presumption of regularity should not be applied.  Therefore, there is an insufficient basis to remove the GOMOR from the restricted section of his OMPF.

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 removing the GOMOR, dated 12 August 2005, and all related documents from the performance section of his OMPF.

2.  The Board further determined that the evidence presented was 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 removing the GOMOR from the restricted section of his OMPF.




      __________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)                                         AR20140015422



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ABCMR Record of Proceedings (cont)                                         AR20140015422



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