MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 April 2003                  
	DOCKET NUMBER:   AR2003084425

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. Ronald J. Weaver		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 the General Officer Memorandum of Reprimand (GOMOR) he received in 1996 (but date stamped 9 August 1994) be expunged from his records.

APPLICANT STATES:  That the continual presence of the GOMOR in his records is hindering his career.  It will keep him from becoming the noncommissioned officer (NCO) he is capable of becoming and thus prevents the Army from benefiting from his full potential.  He accepts responsibility for his actions and has learned from it.  He has been sober since 3 June 1996.  He provides three letters -- from his wife (dated 8 November 2002), from Susan S___ (dated 12 November 2002) from the Vicenza, Italy, Alcohol Substance Abuse Program, and from Sergeant First Class L___ (undated) -- as supporting evidence.

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

He enlisted in the Regular Army on 28 December 1994.

On or about 9 August 1996, while a Private First Class, E-3, the applicant was given a GOMOR for driving while intoxicated with a blood alcohol content of     .27 mg/ml.  He submitted an appeal to the GOMOR, requesting that it be filed in his local records.  He acknowledged that he had a drinking problem and was in fact an alcoholic.  He stated that he had not had a drink since the incident on      3 June 1996.  He stated he was participating in the Alcohol and Drug Abuse Prevention and Control Program and was attending Alcoholic Anonymous meetings.  It was his intention to be a career soldier.

On 13 September 1996, the commanding general directed the GOMOR be permanently filed in the applicant's Official Military Personnel File (OMPF).

The applicant was promoted to Staff Sergeant, E-6 on 1 April 2001.

On 18 December 2002, the Department of the Army Suitability Evaluation Board (DASEB) approved the transfer of the applicant's GOMOR from the performance portion of his OMPF to the restricted portion based upon intent served.

Army Regulation 600-8-104 (Military Personnel Information Management/Records) states, in pertinent part, that disciplinary information filed on the restricted portion of the OMPF will be provided to the Command Sergeant Major (CSM)/sergeant major (SGM), SGM Academy selection, and CSM/SGM retention boards to ensure the best qualified soldiers are selected for these positions of highest trust.

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 Board accepts the applicant’s argument that the intended purpose of the GOMOR has been served.  It is noted that he has successfully overcome the GOMOR to the point of being promoted to Staff Sergeant, E-6.  The DASEB recognized this when it voted in December 2002 to transfer the GOMOR to the restricted portion of his OMPF.

2.  However, Army Regulation 600-8-104 provides a valid reason for retention of disciplinary information on the restricted fiche --  when the time comes for the applicant to be considered for selection to positions associated with grade E-9, his disciplinary history must be provided to the selection board(s) to ensure a fair comparison is made between all eligible soldiers.

3.  The restricted portion of the applicant's OMPF would not normally be provided to an E-7 or E-8 selection board and so should not affect his chances for his next two promotions.  He provides no evidence to show that the GOMOR has hindered his career in any other way thus far.  

4.  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:

__wtm___  __hbo__  __rjw  ___  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2003084425	
SUFFIX		
RECON		
DATE BOARDED	20030417	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	134.01	
2.		
3.		
4.		
5.		
6.