PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            24 February 2000                  
	DOCKET NUMBER:    AR1999031611

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

	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. James P. Huber		Member	
	Ms. Margaret V. Thompson		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the General Officer Memorandum of Reprimand (GOMOR) be removed from his permanent file or as a minimum moved to his Restricted Fiche.

3.  The applicant states that in December 1997 while attending the Combined Arms and Services Staff College (CAS3) all students were given an individual military writing assignment.  The assignment was to prepare a formal memorandum in accordance with AR 25-50, Preparing and Managing Correspondence.  He contends that he prepared for this assignment on his own, by using an old previously completed, computer generated memorandum as a template.  He did not review the finished product thoroughly enough and a part of the old memorandum was contained in the memorandum he submitted for review and grading.  This led assignment evaluators to the suspicion that he may have plagiarized the assignment.  He states that he did not plagiarize.

4.  In support of his request, he has provided copies of his OMPF, the GOMOR, an extract of AR 25-50, two Officer Evaluation Reports (prepared subsequent to his attendance at CAS3), numerous Memorandums of Support from contemporaries, the DA Suitability Evaluation Board (DASEB) determination in his case, and Memorandums of Support from his past and current commanders.

5.  The applicant’s military records show that he is a captain with over 12 years of active federal service on active duty with the US Army Recruiting Command.  Based on his date of rank, he will be eligible for considered for promotion to major in April 2000.  

6.  On 3 February 1998, following an Academic Misconduct Board, the applicant received a GOMOR from the Deputy Commandant, Army Command and General Staff College.  The board found that he had by his own admission plagiarized another’s work and presented it as his own in an individual writing assignment.  He asserts that he only admitted to plagiarism on the advice of his counsel to avoid more severe punishment.

7.  In 1996 the PERSCOM developed a plan for waiving CAS3 requirements for selected officers.  The waiver was a one-time effort to assist in reducing the backlog of officer waiting to attend CAS3.  Officers in the eligible population who met the criteria were granted a waiver.  The requirements, with certain exceptions, basically included officers who had successfully served on battalion or higher level staffs for 12 months or more.  Based on his record, the applicant was granted a waiver by his branch on 28 October 1998 which, in effect, credited him with CAS3 completion.

8.  On 12 July 1999 he appealed to the DASEB to have the GOMOR transferred to the Restricted Fiche of his OMPF contending that it had served its intended purpose.  He also contended that he did not plagiarize, he only admitted to it on advice of counsel.  The DASEB denied his appeal opining that sufficient time had not elapsed and he provided no chain of command support for his request.

9.  The applicant’s former and current battalion commanders rate his overall performance as excellent.  The two OER’s submitted with his application show him as a center of mass officer with promotion potential rated as Best Qualified (the highest category).  Likewise, his contemporaries speak highly of his ability and integrity.

CONCLUSIONS:

1.  The applicant received a GOMOR on 3 February 1998 for plagiarism and no credit for attending the CAS3.  On 28 October 1998, however, he was granted a waiver of the CAS3 requirement by his branch and credited with having completed the course.

2.  The applicant admits that he used an old memorandum as a template.  While the available records do not include the Academic Board’s proceedings or the document in question, it appears that his final product contained materials from the original document.  This led to the Academic Board’s conclusion that he did plagiarize.

3.  He freely admitted the facts, although he continues to argue that the net effect of his actions did not meet the definition of plagiarism.  Nonetheless, based on his admissions, the Academic Board concluded that he had committed plagiarism.

4.  Notwithstanding his difficulties at CAS3, his performance since the incident in question, as depicted in OER’s prepared by his commanders, portray him as a superb officer with high integrity and the potential for further outstanding service. The supporting documents from his contemporaries speak highly of him as well.

5.  The Board accepts that the applicant committed acts that constitute plagiarism.  However, it appears that his actions were at best technical violations of the rules.  He freely admitted his actions and suffered the consequences.  In addition, he has an otherwise excellent record, and has the strong support of his present and former chains of command.  Therefore, the Board will extend the benefit of doubt to him in the interest of fairness and will grant partial relief by moving the GOMOR to his Restricted Fiche, but not removing it from the record entirely.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the GOMOR dated 3 February 1998, and related documents, be moved to the Restricted portion of the OMPF of the individual concerned.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_cla____  _jph_____  _mvt_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Celia L. Adolphi________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031611	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000224	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  134.04		
2.		
3.		
4.		
5.		
6.