BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160016696 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 BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160016696 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. BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160016696 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 removal of a general officer memorandum of reprimand (GOMOR), dated 12 January 2016, and associated Army Regulation 15-6 (Procedures for Administrative Investigations and Boards of Officers) investigation findings and recommendations, dated 8 June 2015, from his Official Military Personnel File (OMPF). 2. The applicant states: a. His OMPF contains is a letter of admonishment for an inappropriate relationship amounting to a total of 77 pages. The items reflected in the letter of admonishment are of a different nature than the items investigated and pertain to another Soldier, not himself. b. As he reads the investigating officer's findings and the redacted information within the document, it is quite disturbing. There are many references to different counseling statements for Government Travel Charge Card violations, room cleanliness, late reports, etc., that are not items for which he was investigated or accused. c. He feels that with this type of record in his OMPF, his career is in danger and future promotion is not possible. He wants removal of items from his OMPF not pertaining to himself or his character. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Having prior enlisted service in the Regular Army and Air National Guard, the applicant enlisted in the U.S. Army Reserve on 2 February 2012. He is currently serving in the rank of sergeant first class in the U.S. Army Reserve Active Guard Reserve Program. 2. A 364th Sustainment Command memorandum for record, dated 8 June 2015, subject: Army Regulation 15-6 Investigation Findings and Recommendations, shows: a. The investigating officer found, based on the preponderance of the evidence, that an individual whose name was redacted from the report, but is known to be a female Captain L____ A____, improperly used her Government Travel Charge Card, failed to follow a lawful order concerning her Logistics Health Incorporated (LHI) appointments, had performance issues at annual training, made false official statements, and had an improper relationship with the applicant. b. The investigating officer recommended the issuance of a GOMOR to Captain A____ encompassing all of her misconduct detailed in the investigative findings and recommended the issuance of a GOMOR to the applicant for his inappropriate relationship with Captain A____. The investigating officer further recommended convening a "show cause" board to show cause as to why Captain A____ should be retained as an officer in the U.S. Army Reserve. c. The bulk of the first four pages of the investigation detail the findings regarding Captain A____'s misconduct, including improper use of her Government Travel Charge Card, LHI vouchers, and conduct at annual training. Her conduct at annual training included reference to the issuance of airline tickets, improper purchases, missing LHI appointments, being out of uniform, unsanitary living conditions, late or incomplete and inaccurate reports, making false statements, and failing to follow direct orders. This conduct does not pertain to the applicant. d. The last three pages of the investigation primarily involve the improper relationship and fraternization between the applicant and Captain A____ and can be found at paragraph 6, titled "Improper Relationship." This section of the investigative reports states Captain A____ would sleep in the applicant's room instead of in her own room. The applicant and Captain A____ exchanged email indicating an improper relationship during annual training. Excerpts from some of the email included statements such as her writing, "Please don't cheat on me. You are my soul mate," to which he replied, "I NEVER cheated. NEVER," and at a later time he wrote, "You are mine lover." Captain A____ is not married and the applicant is married. The investigating officer did not find that Captain A____ and the applicant committed adultery because he was unable to verify they had sexual intercourse. e. The investigating officer found Captain A____ and the applicant engaged in fraternization, as there was no doubt an improper relationship existed. Four Soldiers attested to believing the relationship between the two was professional and not personal, and four statements made by Soldiers present at the annual training attested to not seeing anything physical between them; they felt the relationship was beyond the normal officer in charge and noncommissioned officer in charge relationship. He was witnessed going with her to talk to the medical care provider at the Troop Medical Clinic and was repeatedly heard stating he was a "trusted male." The investigating officer found the applicant cared about Captain A____ and her command position above the welfare of his Soldiers and the unit. He told a private to give up his boots so Captain A____ could wear them because she was out of uniform. f. The remaining documents included with the investigation's findings and recommendations are evidence that supported the investigation's findings, to include email correspondence, Officer Record Briefs, computer screenshots of email correspondence, photographs, multiple DA Forms 4856 (Developmental Counseling Form), and video clip screenshots. 3. A DA Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers) shows a board commenced on 8 May 2015 and finished gathering/ hearing evidence on 8 June 2015. On 8 June 2015 the board appointing authority approved the findings and recommendations made by the board. The board recommended and the appointing authority concurred with the recommendation to issue GOMORs to the applicant and a female captain, whose name has been redacted, and that the female captain appear before a "show cause" board for retention in the U.S. Army Reserve. 4. On 12 January 2016, the Commander, 652nd Regional Support Group, issued a GOMOR to the applicant for having an improper relationship with Captain A____ and for violating a superior commissioned officer's order to have no contact with Captain A____. a. In March 2015, he and Captain A____ had an improper relationship. As evidence of this improper relationship, he and she exchanged several personal email messages. On 21 March 2015, Captain A____ sent him an email stating, "Please don't cheat on me. You are my soul mate." He responded, "I never cheated. NEVER." On 25 March 2015, he and Captain A____ exchanged a series of email messages in which they were confirming meeting each other. He responded to Captain A____, stating at different times, "Oh yes we can babe…I love you," and "You are mine lover." b. During annual training he told Private Z____ T____ to give his boots to Captain A____ so that she would be in the correct uniform. This resulted in Private T____ being out of uniform. Additionally, when it was brought to his attention by a female noncommissioned officer (NCO) that Captain A____ was not in the correct uniform by wearing silver shoes and a headband with sequins while in the Army combat uniform, he told the NCO to stay in her lane or words to that effect. c. On 3 July 2015, he violated Colonel J____ S____'s order to have no contact with Captain A____. On 12 May 2015, Colonel S____ ordered him to have no further contact with Captain A____, either directly or through a third party. On 3 July 2015, he was seen on video going to her room at Fort Harrison, MT, and leaving the area with her in direct violation of Colonel S____'s order. d. His relationship with Captain A____ resulted in him looking out for her welfare more than his Soldier's welfare and caused a negative impact on other's perception of his leadership and intentions. His actions were wholly incompatible with being an NCO in the U.S. Army Reserve and gave cause to question his suitability for future service. e. The GOMOR was imposed as an administrative measure and not as nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice. He was advised that the GOMOR-imposing authority recommended filing the GOMOR in his OMPF and that Brigadier General  G____ M____ would make the filing determination. f. He was further advised he had the right to submit matters in his behalf and that his response or rebuttal to the GOMOR must arrive within 15 days of receipt of the memorandum. 5. He acknowledged receipt of the GOMOR on 12 January 2016 and elected to submit matters on his behalf. His 15 January 2016 rebuttal memorandum states: a. He requested the GOMOR not be permanently filed in his OMPF and requested the opportunity to explain the position he felt he was in. As a senior NCO he wanted to assure others he put Soldiers' needs first and ahead of his own. He had a healthy and professional relationship with all Soldiers within the command and was deeply concerned about the findings in the investigation. He accepted that he made errors in his judgement over the course of the investigation and was in a situation he was not trained for to assist a Soldier in need. He had a great respect for Soldiers and truly cared for all who were in his unit. b. The investigation began on 12 May 2015 and he was advised by legal trial defense services to remain silent so as to not add circumstances to the investigation that may unfavorably impact on its outcome. To date, this was the most stressful time during his career and was an experience that did not rest well at home for his family as a result. c. He served in the Regular Army, the Air National Guard, the U.S. Army Reserve, and as an AGR Soldier with the 652nd Regional Support Group. As a Soldier he always took pride in the fact he was approachable, kind, and critical to the force and its mission as a member of the team. d. He wished nothing more than to rebuild his family bond and to continue serving in the AGR Program. This investigation was an experience he wished to never see his family or any unit experience again. It taught him firsthand the import it has on so many different individuals and the readiness of the Army. He sought closure to the event and was eager to drive forward with the Army's mission. 6. On 27 February 2016 after carefully considering the facts and circumstances surrounding the events and the statement submitted by the applicant, the GOMOR-imposing authority, Brigadier General M____, Commander, 364th Sustainment Command, directed permanently filing the GOMOR in the applicant's OMPF. 7. The GOMOR and associated Army Regulation 15-6 investigation documents are currently filed in the performance folder of his OMPF. REFERENCES: 1. Army Regulation 600-37 (Unfavorable Information) provides that an administrative memorandum 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 memorandum 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 a filing determination is made. a. A memorandum of reprimand may be filed in a Soldier's OMPF only upon the order of a general officer-level authority and is to be filed in the performance folder. The direction for filing is to be contained in an endorsement or addendum to the memorandum. If the reprimand is to be filed in the OMPF, 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. b. Paragraph 7-2 provides that once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF. c. Only letters of reprimand, admonition, or censure may be the subject of an appeal for transfer to the restricted folder of the OMPF. Such documents may be appealed on the basis of proof that their intended purpose has been served and that their transfer would be in the best interest of the Army. The burden of proof rests with the recipient to provide substantial evidence that these conditions have been met. 2. 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. Table B-1 states a memorandum of reprimand is filed in the performance folder of the OMPF unless directed otherwise by an appropriate authority (Department of the Army Suitability Evaluation Board or the Army Board for Correction of Military Records). DISCUSSION: 1. An Army Regulation 15-6 investigation found the applicant and Captain A____ had an improper relationship and engaged in fraternization. Subsequent to the investigative findings, he was issued a GOMOR for having an improper relationship with Captain A____ and for violating a superior commissioned officer's order to have no contact with Captain A____. 2. He provided a rebuttal in which he requested the GOMOR not be permanently filed in his OMPF and requested the opportunity to explain the position he felt he was in. As a senior NCO he wanted to assure others he put Soldiers' needs first and ahead of his own. He had a healthy and professional relationship with all Soldiers within the command and was deeply concerned about the findings in the investigation. He accepted that he made errors in his judgement over the course of the investigation and was in a situation he was not trained for to assist a Soldier in need. After a review of the case, the statement he made in his behalf, and all supporting documentation, the GOMOR-issuing authority used the discretion afforded his position and authority to direct its permanent placement in the performance folder of the applicant's OMPF. 3. The applicant contends the GOMOR and the allied investigation should be removed from his OMPF because not all of the findings contained in the Army Regulation 15-6 investigation pertain solely to him. While it is true that a substantial portion of the investigation only pertains to the actions of Captain A____, which were independent of and did not involve the applicant, the remainder of the investigation into her misconduct directly involves the active participation of the applicant and his improper relationship with her. A separate Army Regulation 15-6 investigation was not conducted into the sole actions of the applicant pertaining to their joint improper relationship. Despite redaction, a thorough reading of the report makes clear to the reader which acts pertain to Captain A____ alone and which ones pertain to the applicant and his improper relationship with her. Additionally, this report of investigation is the only available documentation in his OMPF supporting the contents of the GOMOR. 4. The governing regulation provides that once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the 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) AR20160016696 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016696 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2