MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           21 October 2003                  
		DOCKET NUMBER:   AR2003084424

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

	Mr. Carl W. S. Chun		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer 		Chairperson	
	Mr. William D. Powers  		Member	
	Mr. Frank C. Jones II		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That a 22 March 1988 general officer memorandum of reprimand (GOMOR) be expunged from the restricted portion (R fiche) of his Official Military Personnel File (OMPF). 

APPLICANT STATES:  That his record of exceptional military service over the past 14 years demonstrates that the GOMOR has served the intended purpose.  The continued presence of this document on his R fiche precludes the Army and any future Department of Defense employer from benefiting from his full potential.

EVIDENCE OF RECORD:  The applicant's military records show:

He is currently a staff sergeant (SSG) with approximately 16 years of continuous active duty service.  He was a private with about 6 months active duty service when the commanding general issued the GOMOR for drunk driving on the post. The applicant acknowledged receipt of the reprimand and the supporting documents and indicated that he did not desire to submit any comment.  His company commander recommended that the GOMOR be filed in his local Military Personnel Record Jacket (MPRJ).  The battalion and brigade commanders concurred.  The commanding general considered the circumstances and the recommendations and directed that the GOMOR be filed in the applicant's OMPF.

The applicant was promoted to SSG with a date of rank of 1 July 1995.  Since then his Noncommissioned Officer Evaluation Reports show that his raters have rated him as Excellent/Exceeds or as Successful/Meets standards.  His raters have always ranked his overall performance and potential as among the best and his senior raters have generally marked him in the top blocks. 

His awards include the Army Commendation Medal, the Army Achievement Medal with first oak Leaf Cluster, the Good Conduct Medal (5th Award) and the Recruiter Badge with one gold star.  He has completed numerous military training courses and 19.5 college credits.

On 18 December 2002 the Department of the Army Suitability Evaluation Board approved the applicant's request to transfer the GOMOR to the restricted fiche based on the determination that it had served the intended purpose.  

Army Regulation 600-37 (unfavorable information) provides in pertinent part, that administrative letters 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.  The letter must be referred to the recipient and the referral must include and list applicable portions of investigations, reports or other documents that serve as a basis for the reprimand.  Statements or other evidence furnished by the recipient must be reviewed and considered before filing determination is made.  Letters of reprimand may be filed in a soldier's OMPF only upon the order of a general officer level authority and are to be filed on the performance fiche.  The direction for filing is to be contained in an endorsement or addendum to the letter.  If the reprimand is to be filed in the OMPF then the recipient's submissions are to be attached. Once filed in the OMPF the reprimand and associated documents are permanent unless removed in accordance with chapter 7.  Letters of reprimand intended for filing in the MPRJ may be retained for no more than 3 years and must state the length of time they are to be retained.  Chapter 7 of the regulation provides that once filed in an OMPF a document is presumed to have been administratively correct.  Appeals to the DASEB to relocate a reprimand, admonition or censure (normally for soldiers in pay grade E-6 and above) are to be based on proof that the intended purpose has been served and that transfer to a restricted fiche would be in the best interest of the Army.  The DASEB will return appeals unless 1 year has elapsed and at least one nonacademic evaluation has been received since the letter was imposed.  If the appeal is denied the DASEB letter of denial will be filed on the performance fiche, the appeal itself and any associated documents will be filed on the restricted fiche.  Otherwise this Board may act in accordance with Army Regulation 15-185 and the soldier has rights under the Privacy Act in which the DASEB acts as the access and amendment authority under Army regulation.
 
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The issuance of the MOR was accomplished in accordance with regulation and was appropriate to the situation.  

2.  The Army has an obligation to maintain a complete and accurate record of an individual's service.  The placement of a record of certain discreditable information on the restricted fiche enables the Army to maintain that historical record without unduly jeopardizing the individual's career.

3.  Careful consideration has been given to the applicant's service subsequent to the GOMOR.  However, in light of the seriousness on the offense, the Board concludes that his subsequent service does not outweigh that occurrence.  Furthermore, there is no available evidence that the existence of the record of this incident on the applicant's restricted fiche has or will disadvantage him in any way.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  
5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MHM _  __WDP__  __FCJ  __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003084424	
SUFFIX		
RECON		
DATE BOARDED	20031021	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	1134.00	
2.		
3.		
4.		
5.		
6.