BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20170002829 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20170002829 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from his Official Military Personnel File the general officer memorandum reprimand, dated 28 September 2004, and all allied documents. _____________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: 28 November 2017 DOCKET NUMBER: AR20170002829 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) from his Official Military Personnel File (OMPF). 2. The applicant states: a.  He received GOMOR as a private first class for underage drinking and drinking while driving. He took a field sobriety test and the breathalyzer measured a blood alcohol concentration of .038. The legal limit for blood alcohol concentration is .08. b.  He is still serving on active duty and he has served 13 years with four combat tours and zero incidents regarding disciplinary actions against him since receipt of the GOMOR. c.  The GOMOR will prevent him from being considered for promotion to the rank of sergeant first class if it is not removed and it will prevent him from serving in the military. d.  He is currently serving as an advanced individual training instructor for the 16th Ordnance Battalion, 59th Ordnance Brigade, at Fort Lee, VA. 3. The applicant provides: * DA Form 4197 (Personnel Action), dated 23 September 2004 * 1st Medical Brigade Order Number 267-7, unsigned and undated * GOMOR, dated 28 September 2004, and allied documents * eight  DA Forms 2166-8 (Noncommissioned Officer Evaluation Report) for the periods 7 July 2008 through 8 May 2015 * Enlisted Record Brief CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 16 June 2003 in the rank/grade of private/E-1. He is presently serving in the rank/grade of staff sergeant/E-6. 2. On 28 September 2004, he received a GOMOR from the Assistant Division Commander (Support), Headquarters, 4th Infantry Division (Mechanized), for driving under the influence of alcohol and underage drinking. 3. On 20 December 2004, he elected not to make a statement or to submit documents in his own behalf and he acknowledged the GOMOR would be filed in his OMPF. 4. His chain of command recommended permanent filing of the GOMOR in his OMPF. 5. On 28 January 2005, the imposing official directed permanent filing of the GOMOR in the applicant's OMPF and in his unit file. The GOMOR is presently filed in the restricted folder of his OMPF. 6. A review of his change-of-rater DA Form 2166-8 for the period 1 April 2007 through 1 July 2007 shows he received "Successful" and "Superior" ratings from his rater and senior rater. 7. He provided copies of his DA Forms 2166-8 for the periods 7 July 2008 through 8 May 2015 that show he consistently received "Successful" and "Superior" ratings from his raters and senior raters. 8. His DA Forms 2166-8 for the periods 9 May 2015 through 8 May 2017 show his ratings as "Exceeded Standard" and "Highly Qualified" or "Most Qualified." 9. His records are void of any evidence indicating he appealed the GOMOR. His records are also void of any subsequent derogatory information. 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. a.  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 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. 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. 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. d.  Only memoranda of reprimand, admonition, or censure may be the subject of an appeal for transfer to the restricted folder. Normally, such appeals will be considered only from Soldiers in grades E-6 and above, officers, and warrant officers. The above 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. Appeals approved under this provision will result in transfer of the document from the performance folder to the restricted folder of the OMPF. e.  Appeals submitted under this provision will normally be returned without action unless at least 1 year has elapsed since imposition of the memorandum and at least one evaluation report, other than academic, has been received in the interim. 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 Army Military Human Resource Record, including 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. DISCUSSION: 1. The OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods and any corrections to other parts of the OMPF. Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority. 2. The applicant was issued a GOMOR for driving under the influence of alcohol and underage drinking while serving in the rank of private first class. At the time, he elected not to submit statements or evidence in his own behalf, and he elected not to appeal the GOMOR. 3. Although he contends and his records show he has not received any subsequent derogatory information, the evidence and arguments presented by the applicant do not demonstrate any error or injustice regarding placement of the GOMOR in his OMPF. Additionally, the GOMOR is presently filed in the restricted folder of his 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) AR20170002829 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002829 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2