MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:            10 June 2003                  
	DOCKET NUMBER:    AR2003086369

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler  		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that a General Officer Memorandum of Reprimand (GOMOR) be removed from his Official Military Personnel File (OMPF). 

APPLICANT STATES:  In effect, that the GOMOR has served its purpose, and its continued presence in his OMPF is hindering him from becoming the soldier he is capable of being.  As a result, it prevents the Army from benefiting from his full potential.  He claims that he was charged with driving while intoxicated (DWI) in September 1996.  This resulted in his accepting a field grade Article 15 and the GOMOR in question.  He claims that he realizes that choosing to drive drunk was very stupid and irresponsible on his part.  He accepts full responsibility for his actions; however, he cannot change the past and can only learn from it.  He states that he was a specialist when he received the GOMOR, and since that time, he has furthered his civilian education and military career through hard work.  He also claims that he has received numerous awards and decorations, and completed the Basic Noncommissioned Officer Course (BNCOC) with a 95.42% average.  He also claims that he has an outstanding performance record, as evidenced by his evaluation report record.  He states that he is currently a staff sergeant (SSG) and was selected over his peers to serve in a sergeant first class (SFC) position.  He concludes that he would like to further his career by becoming a warrant officer and removing the GOMOR from his file would help him attain his career goals. 

EVIDENCE OF RECORD:  The applicant's military records show:

As of the date of his application to this Board, the applicant was still serving as a SSG on active duty in Europe.

On 15 January 1997, as a result of his driving while intoxicated on 13 September 1996, the applicant received a GOMOR from the Senior Tactical Commander, Baumholdeer, Germany, a brigadier general (BG).  

On 17 March 1997, the applicant acknowledge receipt of the GOMOR, and he elected to waive his right to submit matters for consideration.  

On 26 March 1997, the BG reviewed the reprimand imposed on the applicant, and his acknowledgement and decision not to submit matters for consideration, and he directed that the GOMOR be filed in the applicant’s OMPF.

On 22 March 2002, the applicant petitioned to the Department of the Army Suitability Evaluation Board (DASEB) for transfer of the GOMOR from the performance portion (P-Fiche) to the restricted portion (R-Fiche) of his OMPF.  

On 3 May 2002, the DASEB confirmed that subsequent to its deliberations on the applicant’s case, it had voted to approve the transfer of the 26 March 1997 GOMOR to the R-Fiche.  

Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files.  Paragraph 7-2 (Policies and Standards) states, in pertinent part, that once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority.  Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF. 

Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  It provides for the correction of military records in cases where there is clear evidence that the record is in error or unjust.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes the applicant’s contentions that the GOMOR in question has served its purpose and that its continued presence hinders him from becoming the soldier he is capable of being.  However, the Board finds these factors are not sufficiently mitigating to warrant the requested relief. 

2.  By regulation, once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority.  Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its removal from the OMPF.  

3.  The evidence of record confirms that the GOMOR in question was issued and filed in accordance with the applicable regulation.  The Board is satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the process.  

4.  The record also confirms that the GOMOR in question was transferred from the P-Fiche to the R-Fiche of the OMPF at the direction of the DASEB based on the request of the applicant.  As a result, this document will not be used by Army officials in making normal personnel management decisions on the applicant.

5.  In the opinion of the Board, there is no error or injustice related to the filing of the GOMOR in question on the R-Fiche of the applicant’s OMPF.  Further, there is no evidence that the applicant has suffered an injustice as a result of the GOMOR being on file in his OMPF.  The Board finds his claim that the continued presence of the GOMOR in his OMPF will harm his career development is speculative at best.  Thus, the Board finds no equity basis that supports removal of the document at this time. 

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The subjects have failed to submit evidence that would satisfy this requirement.

7.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

__JM__  __SLP___  __SAC_  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003086369	
SUFFIX		
RECON		
DATE BOARDED	2003/06/DD	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  280	126.0300	
2.		
3.		
4.		
5.		
6.