BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140020972 


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 the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 7 December 2007, and a General Officer Memorandum of Reprimand (GOMOR) from his Official Military Personnel File (OMPF).

2.  He states, in effect:

	a.  He believes this reprimand has served its purpose.  It has been 7 years since the incident occurred and he has a spotless record with multiple achievements, promotions, and awards since that time.

	b.  It was his first deployment and he was a new captain.  He would just like an opportunity to move past this incident and have it removed from his record.

	c.  He also believes that he has learned his lesson and he is a much better leader since that deployment and the incident.

3.  He provides no additional documents.

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.  At the time the applicant submitted his application, he was serving as a Regular Army commissioned officer in the rank of major.

3.  On 20 December 2007, the applicant was appointed as a commissioned officer in the rank of second lieutenant/O-1.

4.  He was promoted to captain/O-3 on 1 January 2006.

5.  He deployed to Iraq on or about April 2007 for a period of 12 months.

6.  On 7 December 2007, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for stating to another officer, in front of an enlisted Soldier, that he placed pornographic photographs that the officer took of himself “on gay websites” and the “My Space” website, that the applicant would forward the photographs to other members of the officer's unit, and that the applicant would show the officer the websites containing his naked picture, thereby seriously compromising the applicant's standing as an officer and gentleman.

7.  On 7 December 2007, the applicant signed block 3 acknowledging receipt of the Article 15.  He did not demand trial by court-martial.  He requested an open hearing and a person to speak in his behalf.  He also elected to present matters in person.

8.  His punishment consisted of a forfeiture of $2,196.00 pay for 2 months.

9.  On 7 December 2007, the imposing official directed filing of the original DA Form 2627 in the restricted folder of the applicant's OMPF.

10.  He was advised of his right to appeal the punishment.  On 7 December 2007, he elected not to submit an appeal to the punishment.



11.  He was given a GOMOR for wrongfully compromising his standing as an officer and gentleman.  His GOMOR stated that his actions on 10 November 2007 created serious doubt as to his ability to lead as an officer in the U.S. Army.  The memorandum constituted punishment under Article 15, UCMJ.

12.  His Officer Record Brief shows he departed Iraq on 28 April 2008.  This document also shows he deployed to Afghanistan from March to 19 October 2009 and to Iraq from September 2011 to 9 September 2012.

13.  He was promoted to major/O-4 on 1 August 2012.

14.  A review of his personnel documents in the interactive Personnel Electronic Records Management System revealed he received numerous awards, including the Bronze Star Medal, Meritorious Service Medal, Joint Service Commendation Medal, Army Commendation Medal, and Joint Services Achievement Medal.  His DA Forms 67-9 (Officer Evaluation Report (OER)) shows he was consistently evaluated as "Best Qualified" with recommendations for promotion.

15.  The revised Army Regulation 600-8-104 (Army Military Human Resources Records (AMHRR) Management), dated 7 April 2014, reinstated the OMPF as part of the AMHRR.  Paragraph 3-6 provides that once a document is properly filed in the OMPF, the document will not be removed from the record unless directed by the ABCMR or other authorized agency.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the GOMOR has served its purpose has been carefully considered.  However, there is no evidence showing an error or injustice exists in this case.

2.  The applicant accepted NJP under Article 15, UCMJ, for making comments that compromised his standing as an officer and a gentleman in front of an enlisted Soldier.

3.  The applicant's Article 15 proceedings were conducted in accordance with law and regulation and his Article 15 and allied documents are properly filed in the restricted folder of his OMPF as directed by the imposing commander.

4.  The applicant certainly has continued to excel as a Soldier as evidenced by his subsequent promotion to major, awards, and stellar OERs.  However, removal of the UCMJ action from his restricted folder, which may ultimately enable him to be appointed to the highest commissioned officer grade in the Army, may remove a perceived injustice for the applicant, but would certainly create an injustice for the Army by placing him on a level playing field with officers whose service was not tainted by such misconduct or lapses in integrity.

5.  In the absence of an error or an injustice, there is no basis for granting the applicant's request.

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 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)                                         AR20140020972



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140020972



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1