BOARD DATE: 24 April 2020 DOCKET NUMBER: AR20200003573 APPLICANT REQUESTS: removal of the general officer memorandum of record (GOMOR), dated 28 December 2016, and associated documents from his Army Military Human Resource Record (AMHRR) or transfer to the restricted folder. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: Memorandum, Applicant, dated 16 August 2019, subject: GOMOR (Applicant) with seven enclosures: * Enclosure 1 – GOMOR with supporting documents * Enclosure 2 – Memorandum, Headquarters, U.S. Army Training and Doctrine Command, dated 1 July 2019, subject: GOMOR (Applicant) * Enclosure 3 – DA Form 638 (Recommendation for Award), dated 8 August 2016 * Enclosure 4 – Memorandum, Headquarters, 1st Battalion, Fort Carson, CO, dated 28 June 2019, subject: Letter of Recommendation and Character Statement for (Applicant) * Enclosure 5 – Memorandum, The Sabalauski Air Assault School, Fort Campbell, KY, dated 24 June 2019, subject: Letter of Recommendation and Character Statement for (Applicant) * Enclosure 6 – DA Form 1059 (Service School Academic Evaluation Report), dated 22 March 2019 (Automotive Maintenance Warrant Officer Advanced Course) * Enclosure 7 – DA Form 67-10-1 (Company Grade Plate (O1-O3; WO1-CW2) Officer Evaluation Report) covering the period 24 February 2018 through 1 May 2019 REFERENCES: 1. Army Regulation 27-10 (Military Justice) prescribes the policies and procedures pertaining to the administration of military justice and implements the Manual for Courts- Martial. Paragraph 3-37 (Distribution and Filing of DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) and Allied Documents) states the original DA Form 2627 will be filed in the Soldier's AMHRR. The decision to file the original DA Form 2627 in the performance folder or the restricted folder in the AMHRR will be made by the imposing commander at the time punishment is imposed. The filing decision of the imposing commander is subject to review by any superior authority. However, the superior authority cannot direct that a DA Form 2627 be filed in the performance folder that the imposing commander directed to be filed in the restricted folder. 2. Army Regulation 600-37 (Unfavorable Information) provides that an administrative memorandum of reprimand may be issued by an individual's commander, by superiors in the chain of command, and by any general officer or officer exercising general court- martial jurisdiction over the Soldier. a. A memorandum of reprimand may be filed in a Soldier's AMHRR only upon the order of a general officer-level authority and is to be filed in the performance folder. The direction for filing is to be contained in an endorsement or addendum to the memorandum. b. Once an official document has been properly filed in the AMHRR, 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 AMHRR. 3. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR. Table B-1 states a memorandum of reprimand is filed in the performance folder of the AMHRR unless directed otherwise by an appropriate authority. FACTS: 1. The applicant states: a. He received the GOMOR, dated 28 December 2016, as part of nonjudicial punishment proceedings wherein one of the punishments was a letter of reprimand. While the original DA Form 2627 was not directed to be filed in his AMHRR, the GOMOR and associated documents were filed in his permanent personnel file. b. The imposing commander who issued the GOMOR also wrote on the document that his intention was not to end his career and now recommends removal of the GOMOR and associated documents from his permanent file. Upon completion of his tour in the Republic of Korea, the imposing commander approved his award of the Meritorious Service Medal as his permanent change of station award. c. He has other personnel who attest to his positive performance since the filing of the GOMOR and also recommend its removal from his AMHRR. d. Since receiving the GOMOR, he has continued his service in the U.S. Army, performed in an exceptional manner, and graduated from the Warrant Officer Advanced Course with an overall grade-point average of 98.6 percent. His latest officer evaluation report covering the period 24 February 2018 through 1 May 2019 reflects that he has a "Most Qualified" rating from his senior rater. He does his very best in the Army and desires to continue his service and hopefully be promoted; however, the presence of the GOMOR in his AMHRR will prevent him from advancing further in rank. e. The GOMOR has served its intended purpose. He has applied for positions within the U.S. Army and been informed that while his record and work performance are impressive, he could not be considered for the positions due to the reprimand. Removal of the GOMOR from his AMHRR would be proper given his job performance, recommendation of the filing officer and others, and his service in a combat environment. 2. He was serving in the Regular Army in the rank/grade of chief warrant officer two (CW2)/CW2 at the time he became the subject of a Law Enforcement Report, dated 25 October 2016. 3. U.S. Army Garrison, Korea, Law Enforcement Report – Initial – XXXXX-2016- MPCXXX-XXX, dated 25 October 2016, shows the applicant as the subject of investigation for the offense of failure to obey a lawful order (curfew violation) under Article 92 of the UCMJ. 4. He received nonjudicial punishment under Article 15, UCMJ, for failing to obey general order by wrongfully being outside of his command-approved off-post residence during curfew hours on or about 23 October 2016. His commanding general directed placement of the original DA Form 2627 in the restricted folder of his AMHRR. His punishment included forfeiture of $1,500.00 pay per month for 2 months, restriction for 45 days, and a written reprimand. 5. On 28 December 2016, the Commanding General, Headquarters, 2d Infantry Division/Republic of Korea-U.S. Combined Division, reprimanded the applicant in writing for being outside of his assigned off-post quarters during the hours of curfew on 23 October 2016. The Commanding General stated: a. Although he had the foresight to not attempt to drive home after a night of heavy drinking, he apparently fell asleep in a taxi and failed to ensure that the taxi returned him to his off-post quarters. He was detained as he tried to enter post after curfew. Given his otherwise outstanding record, this incident of poor judgment fell far short of the standard expected of him personally and that he is expected to set for others. b. The reprimand was imposed as part of his punishment under Article 15, UCMJ. He directed inclusion of the reprimand as part of his Article 15, UCMJ, supporting documents. c. He entered the following handwritten comment: "I do not intend for this incident to end this officer's career." 6. He was awarded the Meritorious Service Medal for exceptionally meritorious service while assigned to the 194th Combat Sustainment Support Battalion, 2d Sustainment Brigade, 2d Infantry Division/Republic of Korea-U.S. Combined Division, from 4 November 2014 to 4 November 2016. 7. He completed the Warrant Officer Advanced Course on 22 March 2019. His DA Form 1059 shows he achieved course standards with a final grade point average of 98.6 percent. 8. His officer evaluation report covering the period 24 February 2018 through 1 May 2019 shows his rater rated his overall performance as "Excels," and commented: "[Applicant] is the #1 Ordnance Warrant Officer I have served with in 13 years of military service." His senior rater rated his potential as "Most Qualified" and commented: "[Applicant] ranks in the top 2 of 13 warrant officers I have served with during my 17 years in the Army, and he is clearly a top 1% leader." 9. He provided two letters of recommendation/character statements attesting to his character, commitment to the team, and judgment. Both commanders recommended removal of the GOMOR from his AMHRR. 10. A review of his AMHRR shows the original DA Form 2627, dated 17 December 2016, with allied documents, to include the GOMOR, dated 28 December 2016, is filed in his restricted folder. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the nature of the misconduct, the imposing authority’s comment, the filing of the NJP and GOMOR and the evidence of the applicant’s service since the incident. The Board considered the letters of recommendation provided by the applicant. Based on a preponderance of evidence, the Board determined that the disciplinary actions had served their purpose and it would be unjust for them to remain in the applicant’s record. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : 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 removing the original DA Form 2627, dated 17 December 2016, and all allied documents, to include the GOMOR, dated 28 December 2016 from the applicant’s AMHRR. 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. ADMINISTRATIVE NOTE(S): not applicable. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003573 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1