IN THE CASE OF:  

		BOARD DATE:  17 September 2015	  

		DOCKET NUMBER:  AR20150009030 


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, in effect, removal of a previous offense entry shown on a Military Police Report (MPR) associated with a general officer memorandum of reprimand (GOMOR), dated 10 May 2014, from his Official Military Personnel File (OMPF).

2.  The applicant states:

	a.  The GOMOR, dated 10 May 2014, has an enclosed blotter report which contains errors.  The error on the blotter page lists a previous offense.  He has never been charged or convicted of domestic violence or disorderly conduct at Fort Leavenworth, KS.

	b.  He attempted to fix this error before the GOMOR's submission, but the Fort Campbell liaison and legal assistance office weren't able to provide him proper direction and/or guidance for correction or removal.  Part of this struggle was that personnel from those offices were unavailable during the rebuttal process before document submission.

	c.  Attached is a letter from the State and County of origin of said charges from 9 January 2014.  This letter clearly states there would not be charges or convictions resulting from the incident while visiting family after an overseas deployment which required only a cooling-off period.

	d.  He is attempting to fix errors and provide the clearest demonstrated performance, character, and leader attributes for his review by a Qualitative Management Program (QMP) board.  He does not want any errors or anything detracting from consideration for promotion or involuntary separation.  The blotter report which indicates serious offenses for which he was not charged or convicted could heavily impact his career and result in his selection for involuntary separation.

	e.  The Army blotter reporting system does not confirm/deny charges or convictions, but simply lists any activity with local and civil authorities with said individuals.  This can detract from one's character, influencing the overall outcome of promotion boards, reduction boards, and QMP boards while providing no detail or final outcome of any incident reported.

3.  The applicant provides:

* letter from the Vilas County Assistant District Attorney, dated 9 January 2014
* memorandum, dated 17 May 2015
* GOMOR

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Regular Army in the rank of staff sergeant.
 
2.  On 10 May 2014, he received a GOMOR for refusing to take a lawfully requested test to measure the alcohol content of his breath when there was reasonable belief that he was driving under the influence of alcohol on 30 September 2012.  Allied documents associated with the GOMOR include MPR Number 01919-2014-MPC033 which lists previous offenses of domestic violence and disorderly conduct at Fort Leavenworth, KS, on 9 April 2014.

3.  On 6 June 2014, the commanding general directed permanently filing the GOMOR in the applicant's OMPF.

4.  A review of the performance folder of his OMPF in the integrated Personnel Electronic Records Management System (iPERMS) revealed a copy of the GOMOR and subject allied documents.

5.  He provided a letter from the Vilas County Assistant District Attorney, dated 9 January 2014, which states, "the State will NOT be issuing criminal charges against you at this time regarding the incident that occurred on January 09, 2014, [presumed to mean 9 April 2014] and resulted in your arrest."

6.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the Official Military Personnel File.  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.

7.  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 provide a listing of documents authorized for filing in iPERMS.  The instructions state to file letters/memoranda of reprimand, censure, or admonition in the performance folder unless directed otherwise by the Department of the Army Suitability Evaluation Board.  The instructions further state that if it is desired to file allied documents with the letter/memorandum, these documents must also be referred to the recipient for comment.  This includes statements, previous reprimands, admonitions, or censures.  Allied documents must also be specifically referenced in the letter/memorandum or referral document.  Care must be exercised to ensure additional unfavorable information is not included in the transmittal documentation unless it has been properly referred for comment.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant received a GOMOR in May 2014 for refusing to take a breathalyzer test on 30 September 2012.  The allied documents associated with the GOMOR include MPR Number 
01919-2014-MPC033 which shows a previous offense of domestic violence and disorderly conduct on 9 April 2014 at Fort Leavenworth, KS.

2.  He contends the MPR should be removed from his OMPF because he was never charged or convicted of domestic violence or disorderly conduct.  He provided a letter from the Assistant District Attorney stating the State would not be issuing criminal charges against him at that time regarding the incident that occurred on "9 January 2014" and resulted in his arrest.

3.  Since the previous offense entry shown on the MPR pertaining to domestic violence and disorderly conduct on 9 April 2014 at Fort Leavenworth, KS, has no relevance to the GOMOR for an incident that occurred 18 months earlier on 30 September 2012, it would be appropriate to redact this entry from the MPR.


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:

	a.  redacting the previous offense entries shown on MPR Number 
01919-2014-MPC033 and

	b.  ensuring this Record of Proceedings referencing this correction is not filed in 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)                                         AR20150009030



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ABCMR Record of Proceedings (cont)                                         AR20150009030



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