IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140021729
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 correction of his military records by removing a General Officer Memorandum of Reprimand (GOMOR), dated 1 May 2010, from his Official Military Personnel File (OMPF).
2. The applicant states a GOMOR dated 1 May 2010 needs to be removed from his OMPF, or moved to the restricted folder of the OMPF. He argues that his wife was only accused of driving under the influence (DUI) of alcohol and was never charged. Statements made in the investigation are false. It has been
4 years and he has been promoted twice. He is going to get orders for drill sergeant duty and needs this GOMOR removed. He was not aware of the GOMOR being in his OMPF until he was promoted to sergeant.
3. The applicant provides a copy of the subject GOMOR.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a staff sergeant, in pay
grade E-6, serving in the Regular Army.
2. A DA Form 3975 (Military Police Report) dated 20 February 2010, as filed in the applicant's OMPF reports that the applicant and his wife, a civilian dependent, were ordered by the charge of quarters to not operate their vehicle because of their alcohol involvement. They were later observed in the vehicle and the applicant's wife was driving. The military police were notified and responded. The couple were apprehended and transported to the Provost Marshal's Office (PMO) where they each underwent breath alcohol tests showing readings of 0.188 and 0.194. They were released to their unit First Sergeant.
3. The Commanding General, 7th U.S. Army Joint Multinational Training Command, issued the applicant a GOMOR, wherein he reprimanded the applicant for allowing his wife to operate a motor vehicle on a public road while under the influence of alcohol and for disobeying the direct order of a noncommissioned officer. He described his conduct as reprehensible because he had allowed his wife to drive in spite of her highly-intoxicated state. This showed a tremendous lack of judgment. He had made this decision without concern for the safety of either himself or others. His disobedience, poor planning skills, and indifference toward the well-being of others caused the commander to question the applicant's ability to lead Soldiers in the future. The GOMOR was imposed as an administrative measure and not as punishment. He was informed that he had 10 calendar days in which to submit any statements or rebuttal on his own behalf before the commander would make his filing decision.
4. In an undated memorandum, the applicant acknowledged receipt of the GOMOR on 26 May 2010 and that he had until 5 June 2010 in which to submit his rebuttal.
5. On 12 October 2010, the Commanding General who imposed the GOMOR stated in a memorandum that the applicant had failed to submit any response to the GOMOR. Accordingly, the imposing general directed the GOMOR to be permanently filed in the applicant's OMPF.
6. Army Regulation 600-8-104 (Army Military Human Resource Records (AHMRR) Management) provides that all personnel information recorded under the authority of this regulation is the property of the United States Government.
a. Once recorded, it will not be removed except as provided by law or this regulation.
b. Once placed in the OMPF, the document becomes a permanent part of that file. The document will not be removed from, or moved to another part of the OMPF unless directed by one or more of the following:
* The ABCMR
* The DASEB
* Chief, Appeals and Corrections Branch, U.S. Army Human Resources Command (HRC)
* The AMHRR custodian when documents have been improperly filed
* Commander, HRC, ATTN: HRC-PDO-PO, as an approved policy
change to this regulation
* Chief, Appeals Branch, National Guard Personnel Center
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that a GOMOR, dated 1 May 2010, should be removed from his OMPF, or in the alternative, moved to the restricted folder of his OMPF because his wife had never been charged with DUI.
2. The available evidence clearly shows that in 2010 the applicant willfully disobeyed a lawful order to not allow his wife to operate a motor vehicle because she was highly-intoxicated. Whether or not his wife was charged, her blood alcohol content was well over the legal limit at the time. He clearly chose to disregard this order which resulted in their apprehension by the military police. As a result, his commander issued him a GOMOR. The applicant did not provide any rebuttal for the commander to consider. The applicant now argues that he did not know this document was in his OMPF. However, his acknowledgment, as filed in his OMPF, clearly shows he knew of the GOMOR and that he had 10 calendar days in which to provide his statement. He chose to not reply.
3. There is no evidence of an error or injustice in this case.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20140021729
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