SAMR-RB 7 December 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, AR20160016789 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 21 November 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by transferring the general officer memorandum of reprimand (GOMOR), dated 29 March 2007, and all allied documents from the applicants Official Military Personnel File (OMPF) to the restricted folder of his OMPF. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 9 April 2018. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl · . Deputy Assistant Secretary of the Army (Review Boards) BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160016789 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: 21 November 2017 DOCKET NUMBER: AR20160016789 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: 21 November 2017 DOCKET NUMBER: AR20160016789 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, transfer of a general officer memorandum of reprimand (GOMOR), dated 29 March 2007, from the performance folder to the restricted folder of his official military personnel file (OMPF). 2. The applicant states: a. Army Regulation 600-37 (Unfavorable Information) allows Soldiers to request the transfer of derogatory documents from the performance folder to the restricted folder within the Army Military Human Resource Records (AMHRR). b. His actions on the specified date demonstrated a lack of mature judgment and self-discipline and were totally unacceptable. From the respective date forward, his professional and personal conduct continues to be above reproach. He desires promotion to sergeant first class (SFC) for the following reasons: * he possesses superior organizational skills and the ability to foresee conflicts and friction points before they occur * he has the passion and drive to become a subject matter expert at all levels of competency throughout the U.S. Army Medical Department (AMEDD) * he aspires to pass on his knowledge and experience to all of AMEDD * he strives to be the example and the torch bearer for fellow Soldiers to follow 3. The applicant provides copies of: * four DA Forms 1059 (Service School Academic Evaluation Report), covering the period 1 May 2011 through 25 September 2015 * four DA Forms 2166-8 (Noncommissioned Officer (NCO) Evaluation Report (NCOER), covering the period 27 April 2012 through 11 November 2015 * an Enlisted Record Brief (ERB), dated 11 October 2016 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 21 August 2004. 2. The applicant received a GOMOR on 29 March 2007, while in the rank/grade of specialist (SPC)/E-4, for driving under the influence (DUI) on 10 February 2007. a. The GOMOR states that on 10 February 2007, the applicant was involved in an accident with injuries while traveling south on Denali Street in Anchorage, Alaska. He then fled the scene on foot and was apprehended by Anchorage Police two blocks away following a pursuit. Upon contact, the officer noted a strong odor of alcohol emitting from the applicant's breath, and he had difficulty standing and his eyes were glassy and bloodshot. He was asked by the officer to submit to a series of field sobriety tests, which he refused to complete. After apprehension, he was transported to the Anchorage Correctional Facility where he refused to submit to a breathalyzer test. In addition to DUI, he was charged with leaving the scene of an accident, refusal to submit to a breath test, and assault in the third degree. b. The imposing general officer indicated he was imposing the GOMOR as an administrative measure under the Uniform Code of Military Justice (UCMJ), and he intended to direct the reprimand be filed in the applicant's OMPF; however, he would not make a final filing determination until after reviewing any matters submitted for consideration by the applicant. 3. The applicant acknowledged receipt of the GOMOR on 30 April 2007. He did not submit a statement in his own behalf. 4. The imposing commander directed the filing of the GOMOR in the applicant's OMPF on 7 June 2007. 5. A review of the applicant's OMPF confirms the GOMOR in question is currently filed in the performance folder of his OMPF. 6. The applicant was promoted to the rank/grade of sergeant (SGT)/E-5 on 1 July 2009, and to the rank/grade of staff sergeant (SSG)/E-6 on 1 December 2010. 7. The applicant provides four NCOERs covering the period 27 April 2012 through 11 November 2015, which show he has been consistently rated as "among the best, successful" and "superior." REFERENCES: 1. Army Regulation 600-37 sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual OMPFs; ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual OMPFs; and ensure that the best interests of both the Army and Soldiers are served by authorizing unfavorable information to be placed in and, when appropriate, removed from the OMPF. It states unfavorable information that should be filed in the OMPF includes indications of substandard leadership ability, promotion potential, morals, and integrity. a. The regulation 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. b. A GOMOR 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 Army Regulation 600-37, chapter 7 (Appeals and Petitions). c. 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. d. Only letters of reprimand, admonition, or censure may be the subject of an appeal for transfer to the restricted folder of the OMPF. Normally, such appeals will be considered only from Soldiers in grades E-6 and above, officers, and warrant officers. 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 (AMHRR Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF. The OMPF is an administrative record as well as the official permanent record of military service belonging to a Soldier. Table B-1 states a memorandum of reprimand is filed in the performance folder of the OMPF unless directed otherwise by the Department of the Army Suitability Evaluation Board. DISCUSSION: 1. The evidence of record shows the applicant received a GOMOR in March 2007 for DUI. He was afforded the opportunity to review all of the evidence against him and to submit matters in his own behalf prior to a final filing decision; however, he did not submit a statement. 2. The GOMOR is an administrative tool used by the imposing officer to train and rehabilitate. Once the GOMOR was filed in his OMPF, it became a permanent record and will not be removed from or moved to another part of the OMPF unless directed by certain agencies, to include this Board. 3. The GOMOR was properly administered in accordance with applicable regulations and properly filed in the performance section of his OMPF. There is no evidence of any violation of any of the applicant’s rights. 4. The Army has an interest in maintaining the accuracy of its records. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. As required by the applicable regulation, the GOMOR is properly filed in the performance folder of his OMPF. 5. There is evidence the applicant has learned from his mistake and continues to Soldier on despite this mishap. He successfully completed professional military education, received eight NCOERs, and was twice promoted. He is currently serving as a Platoon Sergeant. 6. The GOMOR may be appealed for transfer to the restricted folder of the OMPF based on proof that its intended purpose has been served and that the transfer would be in the best interest of the Army. The Board must determine if the evidence in this case meets that standard. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016789 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016789 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2