ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 December 2021 DOCKET NUMBER: AR20210006241 APPLICANT REQUESTS: transfer of the general officer memorandum of reprimand (GOMOR), 21 May 2018, to the restricted folder of his Army Military Human Resource Record (AMHRR). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), with continuation page, 22 January 2021. FACTS: 1. The applicant states the GOMOR has served its intended purpose based on the fact that he was serving in the rank/grade of sergeant/E-5 at the time of the incident that occurred in 2013. He has grown in maturity and has demonstrated he is intellectually capable of putting past transgressions behind him. He has learned from that error and continues to proceed with his career. a. The Department of the Army Suitability Evaluation Board (DASEB) incorrectly failed to grant relief as requested. While the DASEB noted he has met conditions to request transfer of the GOMOR, it incorrectly stated he has not received an evaluation report outside of the rating period during which the GOMOR was imposed. Since the incident, he has received at least five noncommissioned officer evaluation reports (NCOER), which included two since receipt of the GOMOR and are documented in his AMHRR. b. The DASEB stated his AMHRR revealed "misconduct" which occurred in 2011. At that time, he was issued nonjudicial punishment for violating a no-contact order issued by his company commander. He was serving on active duty and going through a contentious divorce when he and his wife attempted to reconcile their marriage. His wife came over on several occasions and spent the night. He notified his commander that they were attempting to reconcile. There was no domestic violence and no police were involved. However, as a result of his omission, he received 22 days of extra duty. This does not depict the pattern of misconduct which the DASEB portrayed. Unfortunately, his marriage was unsalvageable and he transferred to Korea 30 days later. c. He met the guidelines for appealing unfavorable information in military records and respectfully requests transfer of the GOMOR to the restricted folder of his AMHRR. Specifically: * he was serving as a staff sergeant/E-6 when he appealed * at least 1 year has elapsed since imposition of the GOMOR * he has received several evaluations since imposition of the GOMOR * he is currently serving on active duty in the Active Guard Reserve Program 2. On 11 May 2011, he was serving in the Regular Army in the rank/grade of sergeant/E-5. 3. The DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice), states he is being considered for nonjudicial punishment for disobeying a lawful order to not have any contact with M____ on or about 7 April 2011 and did not immediately notify his commander if she initiated any contact with him. a. Item 3 shows he was afforded the opportunity to consult with counsel and, understanding his rights, he initialed the following blocks: * I do not demand trial by court-martial * I request the hearing be closed * a person to speak in my behalf is requested * matters in defense, extenuation, and/or mitigation will be presented in person b. Item 4a shows he was found guilty of all specifications. c. Item 4b shows the convening authority directed filing the DA Form 2627 in the restricted folder of his AMHRR. d. Item 5 shows he elected to not appeal. e. Item 6 shows his punishment consisted of extra duty for 21 days and an oral reprimand. 4. On 25 July 2012, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in: * item 12c (Net Active Service This Period) – 5 years * item 23 (Type of Separation) – Release from Active Duty * item 24 (Character of Service) – Honorable * item 25 (Separation Authority) – Army Regulation 635-200, Chapter 4 * item 28 (Narrative Reason for Separation) – Completion of Required Active Service 5. The redacted Florida police report, 5 October 2013, shows the applicant was arrested for a hit and run crash that occurred at approximately 0150 hours in a parking garage. The charge cites driving under influence – property damage (misdemeanor). 6. The applicant's retirement points detail shows he was not in an active/inactive duty status in the U.S. Army Reserve on 5 October 2013. 7. The court register of actions showing final disposition of the applicant's charge is not available for review and was not provided. 8. On 25 October 2013, the applicant was ordered to active duty in support of Operation Enduring Freedom. 9. On 24 October 2014, he was released from active duty to the control of his U.S. Army Reserve unit. His DD Form 214 shows in: * item 12c (Net Active Service This Period) – 1 year * item 12d (Total Prior Active Service) – 5 years * item 23 (Type of Separation) – Release from Active Duty * item 24 (Character of Service) – Honorable * item 25 (Separation Authority) – Army Regulation 635-200, Chapter 4 * item 28 (Narrative Reason for Separation) – Completion of Required Active Service 10. He was promoted to the rank/grade of staff sergeant/E-6 effective 1 December 2014. 11. U.S. Army Human Resources Command Orders R-08-689959, 10 August 2016, ordered him to active duty in the Active Guard Reserve Program in the rank/grade of staff sergeant/E-6. 12. On 21 May 2018, he was issued a GOMOR for driving under the influence of alcohol and then refusing to take or complete a lawfully requested test to measure the alcohol content of his blood or breath. The Commanding General, 200th Military Police Command, stated: a. On or about 5 October 2013, he was arrested in the state of Florida for driving under the influence of alcohol and then refused to take or complete a lawfully requested test to measure the alcohol content of his blood or breath. He subsequently pled guilty to a charge of reckless driving in a Florida court of law on or about 19 August 2014. b. His conduct was irresponsible, reckless, and causes concerns regarding his fitness for future service. This reprimand is imposed under the provisions of Army Regulation 600-37 (Unfavorable Information) and not as punishment under Article 15, Uniform Code of Military Justice. However, it is intended to promptly and directly signal disapproval of his conduct. c. The commanding general was considering whether to direct filing of the reprimand permanently in the applicant's AMHRR. Prior to making his filing decision, he would consider any matters the applicant submitted in extenuation, mitigation, or rebuttal. The applicant must forward any matters for consideration through his chain of command within 14 calendar days. 13. On 22 June 2018, the applicant submitted matters in rebuttal to the GOMOR wherein he stated, in part: a. He received a GOMOR for an incident that occurred 5 years ago. Because it happened a long time ago, he does not remember all the details surrounding the event. However, he does recall that he went out for dinner, drinks, and to a concert because he was scheduled to deploy to Afghanistan and knew he would not have those opportunities once he was in a war zone. b. After the incident occurred on 5 October 2013, his attorney coordinated with his company commander to work out the details and timelines for him to proactively take steps to complete classes and pay fines so he could deploy with his military police company. He completed everything that was required in advance and reported to the mobilization station on 28 October 2013. On 29 July 2014 in Pinellas County, FL, the final charges were reckless driving and failure to leave information. c. Since October 2013, his life has dramatically changed. He had never been in any type of trouble before and this came as a shock. He pledged to himself and to his chain of command that nothing like this would ever happen again and rededicated himself to becoming very serious about his career. By working closely with his company commander during this event, he received the mentoring and tools he needed to become a better leader. d. He arrived in Afghanistan on Christmas Eve 2013. Within a week of arriving, his company commander placed him in various positions of significant responsibility, where he excelled and was awarded the Army Commendation Medal for his achievements. e. After his deployment, he continued to serve as a member of the U.S. Army Reserve. However, he began to miss the daily Army lifestyle and applied for active duty in the Active Guard Reserve Program and was honored to be accepted in 2016. Although he made a mistake 5 years ago, he took responsibility and worked with his leadership to become a better Soldier. Since then, he has worked hard to be an asset to the Army and show that people can be rehabilitated if they have the drive, desire, and determination to do so. As a result, he respectfully requests leniency for this incident that occurred 5 years ago and requested filing it in his local file. 14. On 26 June 2018, the Commanding General, 200th Military Police Command, directed permanently filing the GOMOR in the applicant's AMHRR, to include all enclosures as appropriate. In reaching this determination, he carefully considered the reprimand; the circumstances of the misconduct; and all matters submitted by the Soldier in defense, extenuation, or mitigation, if any; along with recommendations of subordinate commanders. 15. His AMHRR contains his NCOER covering the period 15 September 2017 through 14 September 2018. a. Part IV (Performance Evaluation, Professionalism, Attributes, and Competencies) shows his rater marked "Met" or "Exceeded Standard" and entered favorable comments. b. Part V (Senior Rater Overall Potential) shows his senior rater marked "Highly Qualified" and entered favorable comments. 16. His AMHRR contains his NCOER covering the period 15 September 2018 through 19 July 2019. a. Part IV (Performance Evaluation, Professionalism, Attributes, and Competencies) shows his rater marked "Met," "Exceeded Standard," or "Far Exceeded Standard" and entered favorable comments. b. Part V (Senior Rater Overall Potential) shows his senior rater marked "Highly Qualified" and entered favorable comments. 17. On 12 March 2020, the DASEB denied the applicant's request to transfer the GOMOR to the restricted folder of his AMHRR. The DASEB determined the evidence presented did not provide substantial evidence that the document had served its intended purpose and that its transfer would be in the best interest of the Army. 18. His AMHRR contains his NCOER covering the period 20 July 2019 through 19 July 2021. a. Part IV (Performance Evaluation, Professionalism, Attributes, and Competencies) shows his rater marked "Exceeded Standard" or "Far Exceeded Standard" and entered favorable comments. b. Part V (Senior Rater Overall Potential) shows his senior rater marked "Most Qualified" and entered favorable comments. 19. His AMHRR contains his NCOER covering the period 20 July 2020 through 4 April 2021. a. Part IV (Performance Evaluation, Professionalism, Attributes, and Competencies) shows his rater marked "Exceeded Standard" or "Far Exceeded Standard" and received favorable comments. b. Part V (Senior Rater Overall Potential) shows his senior rater marked "Most Qualified" and commented, in part: "I rate this soldier number 1 of 5." 20. U.S. Army Human Resources Command Orders R08689959A02, 16 July 2020, amended his active duty commitment to read indefinite Active Guard Reserve subsequent tour. 21. He was promoted to the rank/grade of sergeant first class/E-7 effective 1 August 2021. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicants request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement, his military service record and documents provided by the applicant. The Board agreed with the applicant that he meets all the criteria for transferring the general officer memorandum of reprimand (GOMOR), to his restricted fiche, of note were his overall characterization of service is positive as reflected by his personal meritorious accomplishments. Evidence in the record show in the 8 years since the summary general officer memorandum of reprimand, he has learned from it as reflected by his continuous promotions culminating in his achieving the rank of sergeant first class. The Board found transferring the applicant’s GOMOR to his restricted fiche was warranted. Therefore, relief was granted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XXX XXX XX 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 transfer the general officer memorandum of reprimand (GOMOR), 21 May 2018, to the restricted folder of his Army Military Human Resource Record (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. REFERENCES: 1. Army Regulation 600-37 (Unfavorable Information), in effect at the time, prescribed policies and procedures to authorize placement of unfavorable information in individual official personnel files. Paragraph 3-4 prescribed guidance for filing of non-punitive administrative letters of reprimand, admonition, or censure in official personnel files. 2. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes policies governing the Army Military Human Resource Records Management Program. The AMHRR includes, but is not limited to, the Official Military Personnel File (OMPF), finance-related documents, and non-service related documents deemed necessary to store by the Army. a. Paragraph 3-6 provides that once a document is properly filed in the AMHRR, the document will not be removed from the record unless directed by the ABCMR or other authorized agency. b. Appendix B (Documents Required for Filing in the Army Military Human Resource Record and/or Interactive Personnel Electronic Records Management System) contains the list of all documents approved by Department of the Army and required for filing in the AMHRR and/or interactive Personnel Electronic Records Management System. A memorandum of reprimand, regardless of the issuing authority, may be filed in the OMPF or the proper State Adjutant General (for Army National Guard personnel only) upon the order of a general officer (to include one frocked to the rank of brigadier general) senior to the recipient or by direction of an officer having general court-martial jurisdiction over the individual. Memorandums of reprimand filed in the OMPF will be filed in the performance folder. The direction for filing in the OMPF will be contained in an endorsement or addendum to the memorandum. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006241 8 1