IN THE CASE OF:	  

		BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20150004300 


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 records to show he retired in the rank/grade of major (MAJ)/O-4 vice captain (CPT)/O-3.

2.  The applicant states:

     a.  He was retired from active duty as a captain/O-3E after the Army Grade Determination Review Board (AGDRB) reduced him from MAJ/O-4.  He should be retired as a MAJ.  Several extenuating factors prevented him from preparing documents of support to present to the AGDRB.

     b.  He had served for over 5 years as a MAJ with honor and distinction.  He was notified on 23 December 2014 that his records were going before the AGDRB.  Within hours of being notified of the AGDRB his father-in-law passed away.  It took over three weeks to settle his father-in-law’s estate.  If he had time to prepare for the AGDRB he believes that he would have been retired as a MAJ.  

    c.  He was selected for promotion to MAJ below the zone and was promoted on 1 February 2010.  Shortly after he was promoted he received a general officer memorandum of reprimand (GOMOR) for financial misconduct regarding his government travel card.  This occurred while he was serving as a CPT (promotable) and during the first two months while he was serving as a MAJ.  He was in a very difficult financial situation.  He recognized his errors and he learned from them.  As a result of his actions the AGDRB retired him in the grade of CPT.

     d.  He was not able to properly submit his case before the AGDRB.  He was selected to involuntarily retire by an Officer Retention and Selection Board (OSB).  The OSB required that he retire no later than 30 April 2015.  He was not told that he would be put before an AGDRB.  To meet his mandatory retirement date, he needed to depart in terminal leave and permissive temporary duty on 10 February 2015.  On 21 December 2014, he still did not have retirement orders.  On 23 December 2014, he received an email from the AGDRB stating that he had 30 days to submit matters for them to consider.

     e.  By the time he retires on 30 April 2015 he will have served 5 years and 2 months in the grade of MAJ.  He has several letters of recommendation from officers he served under as a MAJ.

     f.  He served 4 years in combat and he received the Bronze Star Medal and the Combat Action Badge.  

3.  The applicant provides:

* a self-authored statement
* eight letters of support
* six DA Forms 67-9 (Officer Evaluation Report)
* Bronze Star Medal Certificate
* Officer Record Brief

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer in the U.S. Army Reserve (USAR) and executed an Oath of Office on 8 June 2001.  He was ordered to active duty with a reporting date of 21 March 2002.  He attained the rank of MAJ on 1 February 2010.

2.  On 20 May 2010, the Commanding General, Military Surface Deployment and Distribution Command, Scott Air Force Base, IL, reprimanded the applicant for using his government travel card 83 times while he was not in an authorized travel status.  The imposing authority stated the GOMOR was imposed as an administrative measure and not as punishment under the provisions of the UCMJ.  On 21 May 2010, the applicant acknowledged he had read and understood the unfavorable information and he indicated he intended to submit matters on his behalf.  

3.  In his rebuttal statement he submitted to the imposing authority he asked that the GOMOR be placed in his local file.  He acknowledged his misconduct and stated that he used his government travel card because of his financial situation. 
4.  In a memorandum, subject:  GOMOR Filing Recommendation for [Applicant], dated 1 June 2010, shows the Commanding General, 597th U.S. Army Transportation Brigade, Fort Eustis, VA recommended filing the GOMOR in the applicant's official military personnel file (OMPF).  The basis for his recommendation was that the behavior of the applicant was not becoming of a field grade officer.  He knowingly misused his government travel card over 83 times and continued to use it after he was told not to by his commander.

5.  A memorandum, subject:  GOMOR Filing Recommendation for [Applicant], dated 1 June 2010, shows the Commanding General, Military Surface Deployment and Distribution Command directed the GOMOR be filed in the applicant's OMPF.  The GOMOR was filed as directed.  His rebuttal statement is filed with the GOMOR.

6.  A memorandum, subject:  Request for Mandatory OSB Retirement, dated       3 September 2014 shows he requested to retire from active duty as directed and that he be transferred to the Retired rolls effective 1 May 2015.

7.  On 17 November 2014, the Chief, Officer Retention and Transition, U.S. Army Human Resources Command, requested a grade determination for the applicant's retirement.  

8.  In a memorandum, subject:  AGDRB, dated 23 December 2014, he was informed that his request for retirement was being forwarded to the AGDRB.  It stated that the AGDRB would recommend the highest grade in which he served satisfactorily.  It further stated that he could submit written material he wished the AGDRB to consider.

9.  In a letter addressed to the AGDRB he stated, in part, that he believed he had clearly met the criteria to be retired in the grade of MAJ.

10.  On 6 February 2015, the AGDRB determined his service in the grade of MAJ was not satisfactory.  It further stated that if his retirement was approved he will be placed on the Retired List in the grade of CPT.

11.  He provides six OERs covering various periods of rated time between           9 May 2009 through 31 July 2014 that all show while serving in the rank of MAJ, he consistently received "outstanding performance, must promote" ratings from all of his raters, and "best qualified" from all of his senior raters.

12.  Army Regulation 600-8-24, (Officer Separation) states, in part, an officer is permitted to serve in the Army because of the special trust and confidence the President and the nation have placed in his patriotism, valor, fidelity, and competence.  An officer is expected to display responsibility commensurate to this special trust and confidence and to act with the highest integrity at all times.  However, an officer who will not or cannot maintain those standards will be separated.  Elimination action may be or will be initiated for acts of personal misconduct, conduct unbecoming of an officer.  In addition, officers may be involuntarily released from active duty due to civilian criminal conviction.

13.  Army Regulation 15-80 (Army Grade Determination Review Board and Grade Determinations) establishes policies, procedures, and responsibilities of the AGDRB and other organizations delegated authority to make grade determinations on behalf of the Secretary of the Army.

     a.  Paragraph 2-4 (Grade Determination Considerations) states a grade determination is an administrative decision (emphasis added) to determine appropriate retirement grade, retirement pay, or other separation pay.  Although a lower grade determination may affect an individual adversely, it is not punitive (emphasis added). The AGDRB will consider each case on its own merits.  Circumstances pertinent to whether such service is found satisfactory include, but are not limited to, the following:

     b.  Performance level, as reflected in evaluation reports and other portions of the service record that reflect performance.  In reviewing these matters, the AGDRB will consider whether reporting officials were aware of the misconduct or performance giving rise to the grade determination.

     c.  The nature and severity of misconduct, if any.  Although the punishment an individual has received may be one factor in determining the seriousness of misconduct, the amount of punishment will not be considered in determining whether "the individual has been punished enough."  Grade determinations are not considered punitive, and the standard for rank/grade determinations is the "highest grade satisfactorily served," not whether the individual has been sufficiently punished.

     d.  The rank/grade in which the misconduct was committed.

14.  Title 10, U.S. Code, section 1370 provides an officer will be retired in the highest grade in which he served on active duty satisfactorily as determined by the Secretary of the Army.

DISCUSSION AND CONCLUSIONS:

1.  Governing regulation state an officer is permitted to serve in the Army because of special trust and confidence the President and the nation have placed in his patriotism, valor, fidelity, and competence.  An officer is expected to display responsibility commensurate to this special trust and confidence and to act with the highest integrity at all times.  In addition, an officer is retired in the highest grade served on active duty satisfactorily; grade determinations are not considered punitive.  

2.  The fact that the applicant may have performed his military duties in an outstanding manner is noted.  However, the evidence confirms that while serving on active duty in the rank of MAJ he received a GOMOR for using his government travel card on 83 occasions while he was not in an authorized travel status.  This misconduct rendered his service as a MAJ unsatisfactory.   

3.  As his service in the rank of MAJ was not satisfactory, he should be placed on the Retired List in the rank of CPT as directed by the Secretary of the Army.

4.  In view of the foregoing, he is not entitled to the 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)                                         AR20150004300



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ABCMR Record of Proceedings (cont)                                         AR20150004300



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