IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140021290 


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, in effect, removal of the General Officer Memorandum of Reprimand (GOMOR) that is permanently filed in his Official Military Personnel File (OMPF).

2.  The applicant states, in effect, his matter should not have risen to the level of a general officer handling it.  It should have been handled at a lower level.  He goes on to state that his master sergeant could have handled the matter.  He made restitution, was promoted to the pay grade of E-7, and he received several commendations after having received the GOMOR.  Additionally, he received no disciplinary action after the GOMOR.  

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  On 3 February 2002, the applicant was serving in the rank/pay grade of staff sergeant/E-6 in the U.S. Army Reserve when he was ordered to active duty in the Active Guard Reserve program for duty as a retention noncommissioned officer.

2.  On 18 July 2003, the Commanding General (CG) of the 90th Regional Readiness Group issued the applicant a GOMOR for his second offense of illegally using a government issued credit card for his own personal use in the amount of $650.  After reviewing the applicant’s appeal to file the GOMOR in his local records, the CG directed that the GOMOR be filed permanently in the applicant’s OMPF.

3.  The applicant was promoted to the pay grade of E-7 on 1 December 2003 and he served on active duty until he was honorably retired in the pay grade of E-7 on 31 August 2013 due to sufficient service for retirement.  He had served 26 years and 24 days of active service.

4.  There is no evidence in the available records to show that the applicant applied to the Department of the Army Suitability Evaluation Board to transfer the GOMOR to the restricted section of his OMPF.

5.  Army Regulation 600-37 (Unfavorable Information) serves as the authority for filing of unfavorable information in the OMPF.  It states that a non-punitive memorandum of reprimand or admonition will be filed in the OMPF only when directed by a general officer or the officer having general court-martial jurisdiction over the recipient.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and appear to lack merit.

2.  The evidence in this case suggests that a GOMOR was appropriate since it was his second offense for the same violation.  It is apparent that handling the first offense at a lower level did not discourage the applicant from repeating the offense.  However, after receiving the GOMOR, he did not repeat the offense.

3.  The applicant has failed to show through the available evidence that the GOMOR was issued in error or that it was unjust.

4.  Therefore, in the absence of evidence to show that an error or injustice exists in this case, there appears to be no basis to grant his request.

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)                                         AR20140021290



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ABCMR Record of Proceedings (cont)                                         AR20140021290



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