IN THE CASE OF:  	  

		BOARD DATE:  27 January 2015	  

		DOCKET NUMBER:  AR20140018074 


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 that a General Officer Memorandum of Reprimand (GOMOR), imposed on 24 June 2011, be transferred to the restricted folder of his Official Military Personnel File (OMPF).  

2.  The applicant states, in effect, he disagrees with the result of the Department of the Army Suitability Evaluation Board (DASEB) report and requests favorable consideration.

3.  The applicant provides:

* self-authored statement
* DASEB report with supporting documents, to include the GOMOR and an investigation conducted under the provisions of Army Regulation 
15-6 (Procedures for Investigating Officers and Boards of Officers)

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a commissioned officer on 30 August 2010.  Since his appointment, he has served in a variety of positions and is currently deployed in Afghanistan.

2.  According to a DA Form 1059 (Service School Academic Evaluation Report), the applicant entered Engineer Basic Officer Leader Course (EBOLC) 501-11 on 24 January 2011, but was disenrolled as a result of a pending investigation under the provisions of Army Regulation 15-6.
3.  The Army Regulation 15-6 investigation addressed allegations of cheating by members of EBOLC 501-11.  As a result of this investigation, on 24 June 2011, the Commandant, U.S. Army Engineer School, Fort Leonard Wood, reprimanded the applicant for:

* knowingly collaborating with classmates and receiving compromised examination material for use on multiple EBOLC tests
* using the failed examinations of other students to compile a study guide of test questions for use in study sessions
* failing to report the compromise of examination materials to his chain of command

4.  Following recommendations from the applicant's chain of command, the Commandant directed the GOMOR be permanently filed in his OMPF.

5.  The applicant submitted a request to the DASEB to remove the GOMOR from his OMPF.  He contended the GOMOR was untrue in that he did not cheat and did not knowingly collaborate with classmates to cheat.  On 3 May 2012, the DASEB denied his request, finding the applicant did not present clear and convincing evidence the GOMOR was either untrue or unjust.

6.  On 10 March 2014, he asked the DASEB to transfer the GOMOR to the restricted file in his OMPF.  He asserted:

* he had learned his lesson and takes Army Values very seriously
* despite the GOMOR, he graduated from EBOLC with a class ranking of 27 out of 68 students
* he outlined accomplishments since the GOMOR, maintaining he had demonstrated the ability to perform exceptionally and excel in future positions
* based on the above, he felt the GOMOR had served its purpose and transferring it to the restricted folder of the OMPF would serve the best interests of the Army

7.  On 5 August 2014, the DASEB denied his request.  The board found:

* he met the regulatory requirements for transfer of the GOMOR
* his record showed continued progress and improved duty performance
* he provided supporting statements from his chain of command attesting to his performance and leadership
* no new derogatory information had been added to his file
* he appeared to make some improvement in accepting responsibility for his actions
* Army Regulation 600-37 was cited wherein it states in some cases [where the permanent filing in the OMPF should be supported] a breach of protocols may unfavorably reflect on the Soldier's character and call into question his ability to sustain Army Values
* given this guidance, the evidence provided did not sufficiently show the GOMOR had served its purpose
* nor did it show how transferring the GOMOR to the restricted folder would serve the best interests of the Army

8.  He provides a self-authored statement wherein he essentially states:

	a.  In their denial of his request to remove the GOMOR (3 May 2012), the DASEB noted he had chosen not to make a statement in his own behalf.  He only did this because his cadre advised him the GOMOR would go to the restricted folder of his OMPF.

	b.  His cadre also, in effect, misled him when they told him his DA Form 
1059 would show he "achieved course standards."  When he later received the report it was marked "marginally achieved course standards."

	c.  After being released from active duty, he was asked to testify at the trial of one of his former classmates.  He did so willingly, telling the court he did not believe any information he had received was unauthorized.

	d.  He does not see the basis for comments made by the investigating officer, where he contended he (the applicant) was deceptive in his answers.  He intended no deception and simply answered the "Yes" or "No" questions as they were asked.  He did not have any additional information he could offer.

	e.  Three years have elapsed since he received the GOMOR and he has had no other derogatory information in his files.  

	f.  In their 5 August 2014 decision, the DASEB noted he had made "some improvements in accepting responsibility for his behavior, although he gives the appearance of being more concerned about future promotions and continued service in the Army."  

* these comments must have come from his letter wherein he wrote, "failure to transfer the Letter of Reprimand to the Restricted Fiche will significantly inhibit my career progression"
* "serving in the United States Army is an important part of my life and my intentions are to continue pursuing a lifelong career"
* it is absolutely true he is very concerned about continued service in the Army
* he put a civilian career on hold when he reenlisted in 2010
* he has volunteered for every assignment offered, to include his current deployment to Afghanistan
* he further understands he will be separated if he is passed over two times for promotion

	g.  Regarding his acceptance of responsibility for his actions:

* he has the opportunity to re-address what occurred with each new company, battalion, and brigade commander
* he feels he is always under a microscope and must work harder to earn trust and confidence
* he understands and accepts why this is the case
* he continues to do his best, and his Officer Evaluation Reports (OER) reflect his accomplishments
* additionally, his OERs show both his abilities as well as the trust he has earned from his leaders

	h.  He reflects daily on the events that occurred at Fort Leonard Wood, as well as the effects of those events on him, his former classmates, and his family.  He has been humbled by the GOMOR and understands, as a leader, he must be the moral compass for his Soldiers.  He recognizes that doing the right thing and living Army Values is the most important part of being a leader.

9.  The records shows the applicant has accomplished the following since receiving the GOMOR:

* received an "outstanding performance, must promote," "best qualified, " and "above center of mass" (ACOM) rating on his three most recent OERs covering the periods 12 December 2011 through 8 March 2014
* cited as best performing platoon leader by company, battalion, and brigade commanders; taking the least ready platoon and making it the most ready by U.S. Army Reserve Command standards
* chosen from among five candidates to be Executive Officer for a deploying company
* only lieutenant in his battalion to complete the Engineer Captain's Career Course
* was awarded three Army Achievement Medals and two Army Reserve Components Achievement Medals

10.  Army Regulation 600-37 (Unfavorable Information) outlines policies and procedures for the filing of unfavorable information in individual OMPF.

	a.  It 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.

	b.  It further states that the DASEB will transfer from the performance to the restricted portion of the OMPF those administrative letters of reprimand, admonition, or censure that are determined upon appeal to have served their intended purpose, when such transfer would be in the best interest of the Army.

11.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF.  Table B-1 states a memorandum of reprimand is filed in the performance section of the OMPF unless directed otherwise by an appropriate authority (DASEB or this Board). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his GOMOR be moved to the restricted folder in his OMPF.  He contends it has served its intended purpose and the transfer would be in the best interests of the Army.  In support of his request, he resubmits documents provided to the DASEB in his 10 March 2014 appeal and offers a self-authored statement. 

2.  Army Regulation 600-37 allows for the transfer of a GOMOR to the restricted folder of the OMPF when it is shown, by substantial evidence, it has served its intended purpose and the transfer would be in the best interests of the Army.

3.  A GOMOR is primarily used as a tool for teaching proper standards of conduct and performance.  Since his misconduct in 2011, the applicant has rebounded in an exceptional manner.  Each of his OER since the GOMOR show an ACOM rating.  He was ranked as the best platoon leader in his battalion by his battalion commander, and was chosen above five other candidates to serve as a company executive officer for a deploying unit.  He is currently serving in Afghanistan.

4.  He states he accepts responsibility for the behavior that caused the GOMOR and has learned the importance of embodying Army Values.  It has been over 3 years since he received the GOMOR and the GOMOR appears to have served its intended purpose.

5.  Therefore, as a matter of equity, the GOMOR, dated 24 June 2011, should be transferred to the restricted folder of his OMPF.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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
transferring the GOMOR, dated 24 June 2011, to the restricted folder 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)                                         AR20140018074





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ABCMR Record of Proceedings (cont)                                         AR20140018074



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