IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20160004965 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20160004965 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20160004965 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 reconsideration of her earlier requests for reinstatement of her commission as a second lieutenant (2LT), promotion to first lieutenant (1LT) with all back pay and allowances, and an upgrade of her general discharge to honorable. 2. As new issues, she requests: a. removal of all negative/derogatory information from the Personnel Network (PERNET) and her Official Military Personnel File (OMPF) and b. addition of all awards shown on her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) to her OMPF. 3. The applicant states: a. Her general discharge should be honorable according to the Federal order from NGB. b. She never resigned her commission and she was never disciplined. c. She filed a whistleblower complaint and an Equal Employment Opportunity (EEO) complaint in which reprisal occurred. A civilian employee and a lieutenant colonel changed information in PERNET under her name to derogatory information. 4. The applicant provides: * self-authored statement to the Army Review Boards Agency, dated 20 February 2016 * 16 pages of PERNET documents * Commander's Reprisal Prevention Plan * NGB Form 22 * NGB Form 22A (Correction to NGB Form 22) * discharge and Federal recognition orders * discrimination complaint, dated 4 February 2004 * memorandum, dated 16 December 2003 * Personnel Qualification Record CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's request for reconsideration of her earlier requests for reinstatement of her commission as a 2LT, promotion to 1LT with all back pay and allowances, and an upgrade of her general discharge to honorable were previously considered by the ABCMR on 1 November 2012 in Docket Number AR20110017809 and denied. a. Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth procedures for processing requests for correction of military records. Paragraph 2-15b governs requests for reconsideration. This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request contains new evidence and is received within 1 year of the ABCMR's original decision and has not previously been reconsidered. b. The ABCMR staff reviewed the applicant's requests and determined the portion pertaining to reinstating her commission as a 2LT, promoting her to 1LT with all back pay and allowances, and upgrading her general discharge to honorable were not received within 1 year of the ABCMR's original decision and did not contain any new evidence. Therefore, this portion of the applicant's requests will not be discussed further in this Record of Proceedings. 3. Having prior enlisted service in the Regular Army and Army National Guard, the applicant was appointed as a 2LT in the New Jersey Army National Guard (NJARNG) on 26 August 2001. 4. Her records contain: * an unsatisfactory rating for a civilian performance appraisal for the period 1 August 2001 to 31 July 2002 * letter of reprimand for failure to perform her duties in a satisfactory manner, dated 20 September 2002 * Supervisor's Record of Technical Employment showing she was cited for numerous infractions concerning her duties as a GS-09 and as an NJARNG Soldier * letter of indebtedness, dated 25 August 2003 5. On 17 October 2003, she filed an Inspector General (IG) complaint because her unit refused to submit her promotion packet for 1LT to NGB. 6. She was flagged for adverse actions on 22 November 2003. 7. On 6 December 2003, she received a general officer memorandum of reprimand (GOMOR) for appearing for inactive duty training on 22 November 2003 with a personal recording device. 8. On 8 December 2003, she filed an IG complaint against the general officer for giving her a GOMOR as he was not in her chain of command. 9. She filed another IG complaint on 10 December 2003 pertaining to her request for promotion and branch transfer. 10. On 15 January 2004, she was removed from her position as a GS-09 with the Federal government. 11. Her NGB Form 22 shows she was discharged under honorable conditions (general) in the rank of 2LT on 24 January 2006 for disciplinary reasons. This form shows she was awarded or authorized the: * Army Service Ribbon * National Defense Service Medal * unspecified Marksmanship Qualification Badge with Rifle Bar * Unit Strength Award Ribbon * New Jersey Merit Award (4th Award) 12. She provided copies of NGB Orders 033-4, dated 2 February 2006, and NGB Special Orders Number 34 AR, dated 2 February 2006, showing she was honorably discharged from the NJARNG effective 24 January 2006. 13. An EEO Commission report, dated 10 February 2006, shows she filed seven claims against her previous supervisory chain. 14. Her records contain NJARNG Orders 243-003, dated 31 August 2006, and NGB Special Orders Number 257 AR, dated 4 October 2006, amending the previously-issued orders which directed her separation with an Honorable Discharge Certificate and showing she was issued a General Discharge Certificate at both the State and Federal levels. 15. She provided an NGB Form 22A, dated 28 October 2006, showing her rank was corrected to show 1LT and her character of service as honorable. 16. She provided a memorandum from The Adjutant General, NJARNG, dated 10 November 2006, showing: * he recommended reinstatement of the applicant's Federal recognition effective 24 January 2006 * he recommended her promotion to 1LT effective 26 August 2002 * Army Regulation 600-37 (Unfavorable Information) standards weren't applied to her when she was given the memorandum of record (meaning GOMOR) * an investigation wasn't conducted in accordance with Army Regulation  15-6 (Procedures for Investigating Officers and Boards of Officers) and there was no proof of an investigation and no evidence to support the memorandum of record (meaning GOMOR) * he recommended immediate removal of the memorandum of record (meaning GOMOR) and all adverse-related documents from her OMPF * he recommended her immediate reinstatement in the NJARNG 17. She provided the first page of NJARNG Orders 243-004, dated 10 November 2006, showing: * she was reinstated in the ARNG effective 24 January 2006 * she was appointed in the ARNG in the rank of 1LT effective 26 August 2002 * she was appointed in the ARNG in the rank of captain on an unknown date (it appears the effective date of her appointment would be shown on the second page of the orders) 18. On 6 May 2011, the Army Discharge Review Board denied her request for a discharge upgrade. 19. There is no evidence showing the information/codes in PERNET are incorrect. 20. A review of the applicant's OMPF in iPERMS revealed a copy of her NGB Form 22 for the period ending 24 January 2006 and GOMOR. 21. She provided a self-authored statement, dated 20 February 2016, wherein she states: a. Her records were changed in PERNET and iPERMS without following the rules and regulations of the Army. b. She filed an EEO complaint and whistleblower complaint and the parties involved signed a Commander's Reprisal Prevention Plan that was disregarded. Her unit retaliated by discharging her. c. A civilian employee changed her discharge code from honorable to resignation for miscellaneous general reasons. She never resigned her commission. d. The civilian employee also changed her resignation code to involuntary discharge and misconduct – minor disciplinary infractions. She was never disciplined in any form or fashion. e. Her Federal orders show she was honorably discharge. Her old unit submitted orders after she was discharged. f. Since she was discharged honorably, she was supposed to be placed in the U.S. Army Reserve Individual Ready Reserve. Officers who do not formally resign their commissions remain in the Individual Ready Reserve until age 60. g. The documents, dated 7 December 2015, show she was reinstated in the military and the civilian employee removed her from the military on 16 December 2015 and changed codes that would hinder her from rejoining the military. h. Her awards listed on her NGB Form 22 were removed from PERNET and iPERMS. REFERENCES: 1. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF. It states the purpose of the OMPF is to preserve permanent documents pertaining to enlistment, appointment, duty stations, assignments, training, qualifications, performance, awards, medals, disciplinary actions, insurance, emergency data, separation, retirement, casualty, administrative remarks, and any other personnel actions. 2. Appendix B (Documents Authorized for Filing in the Army Military Human Resource Record and/or iPERMS) of Army Regulation 600-8-104 and the U.S. Army Human Resources Command website provide a listing of documents authorized for filing in iPERMS. The instructions state to file letters of reprimand, censure, or admonition in the performance folder unless directed otherwise by the Department of the Army Suitability Evaluation Board. DISCUSSION: 1. The evidence of record does not support the applicant's contention she was never disciplined. Her records show she was cited for numerous infractions, including an unsatisfactory performance rating, a letter of indebtedness, removal from her Federal government position as a GS-09, and a GOMOR. 2. Her request for removal of all negative/derogatory information from PERNET and her OMPF was carefully considered. However, there is no evidence and she provided no evidence showing the information/codes in PERNET are incorrect. 3. She received a GOMOR in 2003 while serving in the rank of 2LT for appearing for inactive duty training with a personal recording device. 4. The governing regulation states administrative letters of reprimand will be filed in the performance folder of the OMPF. The GOMOR is properly filed in the applicant's military records in accordance with the governing regulation. There is no evidence the GOMOR was improperly imposed. 5. Since her NGB Form 22 is filed in iPERMS and she did not provide copies of award orders or certificates, there is no basis for adding the awards shown on her NGB Form 22 to her OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004965 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2