IN THE CASE OF: BOARD DATE: 9 February 2016 DOCKET NUMBER: AR20150006965 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 her military records by changing her characterization of service to honorable and changing the reason for her separation so that she may join the Army National Guard (ARNG) or the U.S. Army Reserve (USAR). 2. The applicant states she received a general officer memorandum of reprimand (GOMOR) which she contends has served its intended purpose. She has learned from her mistake. She is a diverse leader with remarkable outcomes which benefits any maintenance facility. She can provide the type of maintenance skills that will ensure that its maintenance program is above the Army’s standard. Her mishap has not put a damper on her attitude or on her values in life. There is nothing else that she sees herself doing because she has given her all and will continue to do so. After examining all the evidence and circumstances, it should be determined that her isolated incident of misconduct did not adversely affect the quality of her service in the United States Army. Her outstanding performance cleared a backlog of over 60 pieces of equipment overdue for services and enabled the timely repair of broken equipment to support unit rotations. She received overall commendable ratings in July and December 2014. Since her arrival in the battalion, maintenance and readiness standards increased immensely. She reestablished the battalion maintenance standard operating procedures and enforced them. She rebuilt systems in the motor pool that were nonexistent or non-functioning. She processed over 4,000 services and work orders during her the last year of service. She supported and coordinated outside agency support for the battalion resulting in the turn in of more than 1,000 pieces of excess equipment in August 2014. Her efforts drastically improved the work setting. She would love to continue her service by joining the ARNG or the USAR. Accordingly, she is requesting that this Board change her characterization to honorable and change the reason for her separation. 3. The applicant provides: * three DA Forms 67-9 (Officer Evaluation Report) covering the period 5 May 2012 through 9 December 2013 * DA Form 67-10-1 (Company Grade Plate(O1-O3;WO1-CW2) Officer Evaluation Report) for the period 10 December 2013 to 9 December 2014 * DA Form 4856 (Developmental Counseling Form) dated 26 March 2013 * statement by the applicant, dated 22 April 2013 * GOMOR, dated 20 May 2013 * memorandum, subject: Rebuttal –Memorandum of Reprimand, dated 29 May 2013 * memorandum for record (MFR), subject: Letter or Recommendation, dated 20 August 2014 * MRF, subject: Letter or Recommendation, dated 2 September 2014 (1 page) * MFR, subject: Letter or Recommendation, dated 20 August 2014 (2 pages) * memorandum for the president and members of the Board, subject: Letter or Recommendation, dated 3 September 2014 * MRF, subject: Letter or Recommendation, dated 15 September 2014 * MFR, subject: Letter or Recommendation, dated 29 September 2014 * MRF, subject: Letter or Recommendation, dated 8 October 2014 * MFR, subject: Letter or Support, dated 9 October 2014 * memorandum for the applicant, subject: Letter or Recommendation to Retain, dated 9 October 2014 * MFR, subject: Letter or Recommendation, dated 12 October 2014 * memorandum for the applicant, subject: Letter or Recommendation to Retain, dated 14 October 2014 * memorandum from the applicant, subject: Rebuttal Matters and Retention Request, dated 31 October 2014 (3 pages) * memorandum, subject: Elimination of the Applicant, dated 4 November 2014 * memorandum, subject: Elimination of the Applicant, dated 5 November 2014 * DA Form 4037 (Officer Record Brief), dated 30 January 2015 * memorandum, subject: Probationary Officer Elimination Case, dated 31 March 2015 * Orders 092-0009, U.S. Army Garrison Bavaria Transition Center, dated 2 April 2015 (2 pages) * DD Form 214WS (Certificate of Release or Discharge from Active Duty) ending on 22 April 2015 * slide titled “Great Accomplishments,” undated CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment/Reenlistment Document) dated 21 May 2002, shows the applicant enlisted in the USAR for a period of 8 years beginning in the rank of private, pay grade E-1. She also enlisted in the Regular Army on this same day. 2. Orders 305-401, Fort Wainwright, Alaska, dated 31 October 2008, announced the applicant’s promotion to staff sergeant, pay grade E-6. 3. A DA Form 71 (Oath of Office – Military Personnel) dated 29 June 2010, shows the applicant was appointed as a Reserve warrant officer one (WO1). 4. On 29 June 2012 the applicant was promoted to chief warrant officer two (CW2). 5. On 20 May 2013 the applicant’s acting commanding general issued her a GOMOR for fraternization. On 26 March 2013, her chain of command was informed that she had married an Army specialist on 4 March 2013. By her own admission, as a warrant officer, she had entered into and engaged in a romantic relationship for some period of time before her marriage in violation of Army regulation and the Uniform Code of Military Justice (UCMJ). The GOMOR reminded her that as a warrant officer she was charged with the responsibility of setting the example for Soldiers to emulate. Her actions fell below the standards expected of warrant officers in the U.S. Army. There was no excuse for this improper behavior, and further incidents of misconduct may result in more serious action being taken against her. The GOMOR was imposed as an administrative reprimand and was not punishment under the UCMJ. She was directed to immediately acknowledge receipt of the reprimand in writing and was given 7 calendar days to forward any matters she wanted considered. 6. In a memorandum dated 29 May 2013, the applicant responded to the GOMOR with the following rebuttal comments: a. She asked that the commander consider her mitigating factors and direct the GOMOR be filed locally, in lieu of in her official military personnel file (OMPF). b. She read and understood the unfavorable information presented against her. She was reprimanded for the fraternization she committed by engaging in a romantic relationship with a man who was not her husband, while she was a warrant officer and he was an enlisted Soldier. She freely admitted that she did this. She took full responsibility for her actions and knew at the time, that they were wrong. c. She argued that she had learned from her actions and had matured as a result of the incident. She believed that filing the GOMOR in a local file would have substantial consequences; but filing in her OMPF would likely end her career. d. She admitted that her actions placed her leadership abilities in question. She had failed herself and her Soldiers. She states she could do better. She asked for the opportunity to prove herself from this point forward. 7. On 31 October 2014, in response to an elimination action, the applicant requested that her case be closed and that she be retained as a warrant officer in the U.S. Army. In the alternative, she requested that she receive an honorable characterization of service. The basis for the elimination action was the GOMOR discussed above. The applicant noted her military accomplishments and ability to learn from and to move past her mistake. She had honed her communication skills in order to accomplish her job. She surpassed all of her peers well above anything she had ever hoped for or dreamed. 8. On 4 November 2014, the applicant’s company commander recommended she be retained and the elimination action closed. He cited her exceptional performance of duty and positive impact she had made on the maintenance readiness of the battalion. 9. On 5 November 2014, the applicant’s battalion commander recommended she be retained and the elimination action closed. He stated that she had been an outstanding member of the team and had completely revamped a very challenging maintenance program. He cited that she had a lot of potential but thought her husband was causing her added stress. She was a great leader who has been a valuable part of the battalion’s success. (The MFRs written by numerous individuals she submitted with her application support her retention in the Army based on her duty performance.) 10. On 30 March 2015, the Deputy Assistant Secretary of the Army (Review Boards), notified the Commander, U.S. Army Human Resources Command (HRC) that the Army Ad Hoc Review Board reviewed the applicant’s Probationary Officer Elimination Case and that she would be eliminated from the U.S. Army with an honorable characterization of service. The basis for her involuntary separation was misconduct and moral or professional dereliction in accordance with Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 4-2b. 11. On 1 April 2015, the applicant acknowledged receipt of the elimination action and that she was to be separated no later than 22 April 2015. 12. The applicant’s DD Form 214 (Certificate of Release or discharge from Active Duty) shows she was discharged on 22 April 2015 under the provisions of Army Regulation 600-8-24, paragraph 4-2b due to unacceptable conduct. Accordingly, she was given an honorable characterization of service and a Separation Program Designator (SPD) Code of "JNC." 13. Army Regulation 600-8-24, paragraph 4-2b provides for elimination due to misconduct, moral or professional dereliction, or in the interests of national security. 14. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214. The SPD code of "JNC" was the appropriate code for the applicant based upon the guidance provided in Army Regulation 635-5-1 for Soldiers separating under the provisions of Army Regulation 635-200, paragraph 4-2b, for unacceptable conduct. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that her military records should be corrected to show her characterization of service as honorable and changing the reason for her separation so that she may be able to join the ARNG or the USAR. 2. The evidence of record shows that the applicant’s characterization of service is honorable. Therefore, this portion of her request requires no further action. 3. The available evidence shows that the applicant received a GOMOR for fraternization which is unacceptable conduct. She admitted to having performed this misconduct. The reprimand was subsequently filed in her OMPF. 4. The applicant's record of good service was greatly diminished by her unacceptable conduct. An elimination action was initiated and reviewed by the Army Ad Hoc Review Board. As a result, she was discharged with an honorable characterization of service. The reason for her separation was her unacceptable conduct as indicated by an SPD code of "JNC." 5. The applicant requests this reason be changed, but has not offered any evidence showing that what was done was in error or unjust. Further, she has not stated what reason she thinks is more correct based on the circumstances of her elimination. 6. The applicant states she wants her records corrected so that she may join either the ARNG or the USAR. However, requesting a correction to a record to enlist or accept an officer appointment is not an appropriate basis for correcting or changing a military record. 7. The applicant has provided insufficient evidence to show an error or injustice exits in her record. In view of the above, her request should be denied. 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) AR20150006965 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006965 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1