IN THE CASE OF:	 

		BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140016479


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 20 October 2009, be removed from his Official Military Personnel File (OMPF).

2.  The applicant states he received a letter of reprimand for driving under the influence (DUI) while attending Pathfinder School at Fort Benning, GA and it has haunted his career.  He has made every effort to show that he has both taken responsibility for his actions and moved well beyond that error in judgment.  He has been deployed three times and been rated "Above Center of Mass" on six of his performance evaluations.

3.  The Department of the Army Suitability Board (DASEB) previously denied his request to remove the GOMOR but approved the transfer to the restricted folder in his OMPF.  He notes that his application included a letter of support from the general officer who issued him the GOMOR.  During the appeal process, the Officer Separations Board met and subsequently selected him to be released from active duty; therefore, the removal of the GOMOR would allow him to pursue a commission unimpeded with the U.S. Army Reserve or Army National Guard.

4.  The applicant provides his Officer Record Brief (ORB), Officer Evaluation Reports (OER) for the period 2 February 2010 through 31 January 2014, two letters of support, DASEB appeal, and DASEB Record of Proceedings.


CONSIDERATION OF EVIDENCE:

1.  At the time of his request the applicant was a captain in the Regular Army.

2.  On 20 October 2009, Major General MXXX FXXX, Commander, Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA, reprimanded the applicant for DUI on 17 October 2009.  The commanding general stated that the applicant's actions were reprehensible and that he had disgraced himself, the command, and the U.S. Army.  He questioned the applicant's judgment and his ability to lead and provide a positive influence on Soldiers.

3.  The applicant stated in his rebuttal that he had accepted responsibility for his actions.  The decision he made on 17 October 2009 was not reflective of his potential.  He failed his subordinates, peers, and his leadership.  As an officer it was his responsibility to make sound choices--a responsibility that he did not take lightly.  He had learned from his mistake and would use the experience to better serve.  He requested the GOMOR be filed in his local personnel file.

4.  After considering the applicant's rebuttal statement and the recommendations from his chain of command, the imposing authority directed the GOMOR be filed in his OMPF.  The document was initially filed in the performance folder of his OMPF.

5.  On 30 April 2014, the DASEB denied his request to remove the GOMOR but approved the transfer of the GOMOR, dated 20 October 2009, and all allied documents to the restricted folder in his OMPF.

6.  The applicant provides:

	a.  A letter of support from the imposing authority recommending the applicant be allowed to remain on active duty and that the previously-issued GOMOR, having served its intended purpose, be removed from his OMPF.  He stated that the applicant made a one-time mistake from which he learned his lesson.  The applicant has left an indelible mark of excellence in everything he does and has demonstrated a genuine commitment to serve as he continues to progress in positions of greater responsibility.

	b.  Several OERs completed subsequent to the filing of the GOMOR wherein he received numerous superlatives relating to his potential, accomplishments, work ethic, and leadership ability.

	c.  His ORB reflecting deployments to Iraq and Afghanistan.
7.  Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual OMPF's; ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual OMPF's; and ensure that the best interests of both the Army and Soldiers are served by authorizing unfavorable information to be placed in and, when appropriate, removed from OMPF's.  Unfavorable information that should be filed in the OMPF includes indications of substandard leadership ability, promotion potential, morals, and integrity.

	a.  The regulation provides that an administrative memorandum of reprimand may be issued by an individual's commander, by superiors in the chain of command, and by any general officer or officer exercising general court-martial jurisdiction over the Soldier.  The memorandum must be referred to the recipient and the referral must include and list applicable portions of investigations, reports, or other documents that serve as a basis for the reprimand.  Statements or other evidence furnished by the recipient must be reviewed and considered before filing determination is made.

	b.  A GOMOR may be filed in a Soldier's OMPF only upon the order of a general officer-level authority and is to be filed in the performance folder.  The direction for filing is to be contained in an endorsement or addendum to the memorandum.  If the reprimand is to be filed in the OMPF, the recipient's submissions are to be attached.  Once filed in the OMPF, the reprimand and associated documents are permanent unless removed in accordance with Army Regulation 600-37, chapter 7.

	c.  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.  Such a document may be subject of and for transferred to the restricted fiche.  

DISCUSSION AND CONCLUSIONS:

1.  The available records show that on 20 October 2009 the applicant received a GOMOR for DUI and this document was filed in his OMPF.  On 30 April 2014, the DASEB having considered the applicant's appeal determined that the GOMOR had served the intended purpose and transferred the document to the restricted folder in his OMPF.

2.  There is no evidence of error or injustice in the GOMOR the applicant received or the decision to file the document in his OMPF.  Absent evidence showing otherwise, it must be presumed the GOMOR accurately summarizes the behavior for which it was imposed.

3.  The quality of his service subsequent to the GOMOR is noted, as is his desire to continue in service.  These are not a sufficient basis for removal of the GOMOR.  As such, his request should be denied.

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)                                         AR20140008066



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ABCMR Record of Proceedings (cont)                                         AR20140016479



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