IN THE CASE OF: BOARD DATE: 20 May 2008 DOCKET NUMBER: AR20080006450 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 that a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) imposed on 4 June 1996, and a General Officer Memorandum of Reprimand (GOMOR), dated 14 June 1996, be removed from the restricted section of his Official Military Personnel File (OMPF). 2. The applicant states that he feels the presence of these documents in the restricted portion of his OMPF are keeping him from being promoted to master sergeant. He contends that all 23 documents pertain to the same incident which occurred 12 years ago. He also points out that these documents were previously located in the performance section of his OMPF for a period of 11 years and have served their purpose. 3. The applicant provides no additional evidence in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted on 21 August 1987 and has remained on active duty through continuous reenlistments. He is currently serving on active duty in the rank of sergeant first class. 2. A DA Form 2627, dated 4 June 1996, shows that nonjudicial punishment was imposed against the applicant for resisting apprehension in Turkey on 29 April 1996, drunk driving on 29 April 1996, and drunk and disorderly conduct on 29 April 1996. His punishment consisted of a reduction to E-5. The issuing commander directed that the original DA Form 2627 be filed in the performance fiche of the applicant’s OMPF. 3. On 14 June 1996, the applicant received a GOMOR for operating a vehicle while under the influence of alcohol on 29 April 1996 in Turkey. The Commanding General directed the GOMOR be filed in the applicant’s OMPF. 4. On 29 June 2007, the applicant submitted an appeal to the Department of the Army Suitability Evaluation Board (DASEB) requesting that the Article 15 imposed on 4 June 1996 and the 14 June 1996 GOMOR be removed from his OMPF. 5. On 19 July 2007, the DASEB voted to approve the transfers of the Article 15 imposed on 4 June 1996 and the 14 June 1996 GOMOR from the performance portion to the restricted portion of the applicant’s OMPF. 6. A review of the restricted section of the applicant’s OMPF on the Personnel Electronic Records Management System revealed a copy of the DA Form 2627 imposed on 4 June 1996 and the 14 June 1996 GOMOR in question. The restricted section of his OMPF also contains his appeal to the DASEB and the DASEB’s action (a total of 23 documents). 7. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Table 2-1 of the regulation provides, in pertinent part, that a DA Form 2627 will be filed in the performance or restricted section of the OMPF as directed by the issuing commander (item 5 on DA Form 2627). Allied documents accompanying the Article 15 will be filed in the restricted section. Table 2-1 of the regulation also provides, in pertinent part, that administrative letters of reprimand will be filed in the performance section. 8. Army Regulation 600-8-104 states, in pertinent part, that disciplinary information filed on the restricted portion of the OMPF will be provided to the Command Sergeant Major (CSM/sergeant major (SGM) promotion, SGM Academy selection, and CSM/SGM retention boards to ensure the best qualified Soldiers are selected for these positions of highest trust. DISCUSSION AND CONCLUSIONS: 1. There is no evidence that the DA Form 2627 or the GOMOR were improperly imposed. The DA Form 2627 imposed on 4 June 1996 and the 14 June 1996 GOMOR were properly filed in the performance section of the applicant’s OMPF and then subsequently transferred to the restricted section of his OMPF as directed by the DASEB on 19 July 2007. 2. The applicant is currently a sergeant first class. His desire to have a 12-year old Article 15 and GOMOR removed from his files for promotion purposes is understandable. However, the restricted portion of his OMPF would not normally be provided to an E-8 selection board and so should not affect the chances for his next promotion. His subsequent promotions attest to the Article 15 and GOMOR having served their purpose. However, driving under the influence of alcohol is an extremely serious offense. Promotion and school selection board members are experienced and capable of distinguishing between one youthful indiscretion and a "problem" record of service. In the event a selection choice comes down between two Soldiers with an equal record of service, all information properly filed on an OMPF must be available to board members in order to equitably make their selection choice. Given the above and the fact the Article 15 and the GOMOR were properly filed on his OMPF, and subsequently transferred to the restricted section of his OMPF as directed by the DASEB, it would not be equitable to remove the Article 15 or the GOMOR from the applicant's restricted fiche. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __xxx___ ___xxx__ __xxx___ 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. _ __xxx__ ___ 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) AR20080006450 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080006450 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1