IN THE CASE OF: BOARD DATE: 27 August 2013 DOCKET NUMBER: AR20130000973 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reinstatement to the Fiscal Year 2011 Sergeants Major Academy Selection List. 2. The applicant states the General Officer Memorandum of Reprimand (GOMOR) he received served to cast a shadow on his stellar service record and resulted in his removal from the Fiscal Year 2011 Sergeants Major Academy Selection List. He goes on to state the Board understood that the GOMOR was not representative of his leadership and performance given that 5 years had elapsed since the GOMOR was imposed and his promotions since then and decided to move the GOMOR to the restricted section of his Army Military Human Resource Record (AMHRR). 3. The applicant provides no additional documents with his application; however, he indicates on his application that there are enclosures. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 8 March 1995 for a period of 3 years and 17 weeks and training as an infantryman. He completed his one-station unit training and airborne training at Fort Benning, GA and he was transferred to Fort Bragg, NC for his first duty assignment. 2. He remained on active duty through a series of continuous reenlistments and he was promoted to the rank/grade of sergeant first class (SFC)/E-7 on 1 August 2003. 3. On 4 September 2007, while serving in Afghanistan, the applicant received a GOMOR for the maltreatment of a detainee. He also received a relief for cause Noncommissioned Officer Evaluation Report (NCOER). 4. The applicant was promoted to master sergeant (MSG)/E-8 on 1 June 2008. 5. On 3 November 2011, the applicant was notified that he had been selected for attendance at the Sergeants Major Academy by the Fiscal Year 2011 Sergeants Major Training Selection Board; however, because his personnel record contained derogatory information, his record would be reviewed by a standby advisory board (STAB) to determine if he should be removed from that list. 6. On 16 March 2012, he applied to the Department of the Army Suitability Evaluation Board (DASEB) requesting removal of the GOMOR from his AMHRR. The DASEB denied his request on 6 September 2012. 7. The applicant subsequently applied to this Board requesting the removal of the GOMOR and his relief for cause NCOER from his AMHRR. On 9 October 2012, the Board granted partial relief of his request by transferring the GOMOR to the restricted section of his AMHRR based on intent served. The Board denied the request for removal of the GOMOR in its entirety and the removal of the relief for cause NCOER. 8. He apparently was removed from the Fiscal Year 2011 Sergeants Major Academy Selection List; however, there are no documents in his AMHRR indicating that such is the case. In any event, there is no indication of what derogatory information was considered to be used as the basis for his removal by the STAB. 9. Army Regulation 600-8-104 (Army Military Human Resources Record Management) governs the composition of the AMHRR and states the performance section is used for filing performance, commendatory, and disciplinary data. Once placed in the AMHRR, the document becomes a permanent part of that file. Only those documents listed on the U.S. Army Human Resources Command's (HRC) "Documents Required for Filing in the interactive Personnel Electronic Personnel Management System (iPERMS) are authorized for filing in the AMHRR. a. The performance section is routinely used by career managers and selection boards. Documents placed in this section are limited to those that provide evidence of a Soldier's demonstrated performance. These documents are used for evaluation and selection purposes. b. Disciplinary information filed on the restricted section of the AMHRR will be provided to CSM/SGM promotion boards, USASMA selection boards, and CSM/SGM retention boards to ensure the best qualified Soldiers are selected for these positions of highest trust. c. Documents in the restricted section are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; show corrections to other parts of the AMHRR; record investigation reports and appellate actions; and protect the interest of the Soldier and the Army. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that the GOMOR served as the basis for his removal from the Fiscal Year 2011 Sergeants Major Academy Selection List has been noted. 2. Although the applicant has not provided evidence to show that the GOMOR was the sole reason for his removal, the fact that the GOMOR is filed in the restricted section of his AMHRR does not restrict the review of that document by the Sergeants Major Training/Selection Boards or E-9 Promotion Selection Boards. 3. Additionally, it is also noted that he received a relief for cause NCOER during the same period he received the GOMOR that is currently in the performance section of his AMHRR. 4. Accordingly, there appears to be no basis to reinstate him to the Fiscal Year 2011 Sergeants Major Academy Selection List. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ___X__ _ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ X ______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20130000973 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130000973 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1