IN THE CASE OF:	  

		BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20150003083 


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 reconsideration of his earlier request to remove a general officer memorandum of reprimand (GOMOR), dated 18 December 2002, and allied documents from the restricted folder of his Official Military Personnel File (OMPF).

2.  The applicant states:

	a.  He received the GOMOR on 18 October 2002.

	b.  He was promoted to sergeant first class (SFC) on 1 October 2006.

	c.  In July 2008, he appealed to have the GOMOR removed from his records or transferred to the restricted folder of his OMPF.  The Department of the Army Suitability Evaluation Board (DASEB), by unanimous vote, determined there was sufficient evidence to warrant partial relief and transferred the GOMOR to the restricted folder of his OMPF.

	d.  He was promoted to master sergeant (MSG) on 1 July 2010.

	e.  In 2012, he petitioned the Army Board for Correction of Military Records (ABCMR) to remove the GOMOR from his restricted folder.  The ABCMR denied his request.

	f.  He was selected for promotion to sergeant major (SGM) in October 2013.  In April 2014, the Standby Advisory Board recommended his retention on the SGM select/attendance list.

	g.  It has been almost 12 years.  He took responsibility for his actions and was punished accordingly.  He has overcome this obstacle and has been selected for promotion to SGM.

	h.  Upon graduation from the SGM Course and when he competes for command, he will again have to prove to the board why he should become a command sergeant major.

	i.  The purpose of this GOMOR filing has met its required intent.

3.  The applicant provides:

* numerous letters of support
* DASEB proceedings
* ABCMR denial letter

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120016641 on 2 July 2013.

2.  The applicant provided a memorandum from the Chief, Enlisted Promotions, Promotions Branch, U.S. Army Human Resources Command, dated 11 April 2014, which states:

	a.  On 4 February 2014, he was considered for removal from the Fiscal Year 2013 SGM Training and Selection Board List.

	b.  The board members recommended, and the Director of Military Personnel Management approved, retention of his name on the selection/attendance list.

3.  He provided two similar letters of recommendation for removal of the GOMOR from major generals, dated 22 November 2013 and 26 November 2013, who attest:

* since receipt of the GOMOR, the applicant has progressed through the ranks from a staff sergeant (SSG) to promotable MSG
* he has proven time and time again that he is that leader the military needs
* they believe the intended purpose of the GOMOR has been met
* the applicant is exactly the type of noncommissioned officer the Army needs in the SGM ranks

4.  He provided a letter of recommendation from a brigadier general, dated 30 January 2013, who states:

* he has known the applicant for 5 years
* they served together for 2 years when the applicant was a first sergeant in the unit he commanded
* the applicant demonstrated to him the Army values, competencies and professionalism that he expects of an SGM
* if the decision were his, he would promote him
* in garrison, he ran one of his top companies
* his men deeply respected him
* his unit was organized, disciplined, well trained, and productive
* in combat, he led from the front 

5.  He also provided numerous letters of support from superiors strongly recommending removal of the GOMOR from the restricted folder of his OMPF.  The majority of these letters are similar in subject matter.

6.  The documentation described above is new evidence that will be considered by the Board.

7.  On 24 May 1996, he enlisted in the Regular Army and continued to serve through a series of reenlistments.  He was promoted to SSG on 1 February 2001.

8.  On 18 December 2002, the applicant received a GOMOR for engaging in sexual misconduct with the wife of another Soldier and for failing to obey a lawful order.

9.  On 20 January 2003, the applicant acknowledged receipt of the GOMOR and elected not to submit a statement or any documents in rebuttal.

10.  On 7 February 2003, the imposing authority directed filing the GOMOR in the applicant's OMPF.

11.  He was promoted to SFC on 1 October 2006.

12.  On 30 May 2008, he appealed to the DASEB for removal or transfer of his GOMOR.  On 17 July 2008, the DASEB denied removal of the applicant's GOMOR and allied documents.  The DASEB determined there was substantial evidence to prove the intent had been served and it was in the best interest of the Army to transfer the GOMOR and allied documents from the performance folder to the restricted folder of his OMPF.

13.  He was promoted to MSG on 1 July 2010.

14.  A review of the restricted folder of his OMPF on the interactive Personnel Electronic Records Management System (iPERMS) revealed a copy of the GOMOR and allied documents in question.

15.  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.  It states the purpose of the OMPF is to preserve permanent documents pertaining to enlistment, appointment, duty stations, assignments, training, qualifications, performance, awards, medals, disciplinary actions, insurance, emergency data, separation, retirement, casualty, administrative remarks, and any other personnel actions.

16.  Army Regulation 600-8-104, appendix B (Documents Authorized for Filing in the OMPF and/or iPERMS), and the U.S. Army Human Resources Command website provides a listing of documents authorized for filing in iPERMS.  It states to file letters of reprimand, censure, or admonition in the performance folder unless directed otherwise by the DASEB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, then an SSG, received a GOMOR for engaging in sexual misconduct with the wife of another Soldier and for failing to obey a lawful order in December 2002.

2.   The governing regulation states administrative letters of reprimand will be filed in the performance folder of the OMPF unless directed otherwise by the DASEB.

3.  In 2008, the DASEB voted to approve the transfer of the GOMOR to the restricted folder of his OMPF.

4.  He contends the GOMOR should be removed from the restricted folder of his OMPF because:

* it has been almost 12 years
* he took responsibility for his actions and was punished accordingly


* he has overcome this obstacle and has been selected for promotion to SGM
* the GOMOR has served its intended purpose

5.  His desire to have a 12-year old GOMOR removed from his OMPF is understandable.  However, the GOMOR was transferred to the restricted folder of his OMPF due to its intended purpose having been served.

6.  The numerous letters of support from his superiors were carefully considered.  However, the GOMOR is properly filed in the restricted folder of his OMPF as directed by the DASEB.

7.  There is no evidence the GOMOR was improperly imposed.

8.  In view of the foregoing evidence, 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120016641, dated 2 July 2013.



      ______________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)                                         AR20150003083



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ABCMR Record of Proceedings (cont)                                         AR20150003083



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