SAMR-RB 5 November 2018 MEMORANDUM FOR Commander, US Army Human Resources Command, 1600 Spearhead Division Avenue, Department 100, Fort Knox, KY 40122-5100 SUBJECT: Army Board for Correction of Military Records Record of Proceedings, AR20170008383 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 12 June 2018, in which the Board unanimously recommended partial relief of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant additional relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that the 16 April 2015 Department of the Army Suitability Evaluation Board (DASEB) memorandum also be transferred to the restricted section of the individual's AMHRR. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 1 March 2019. 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: BOARD DATE: 12 June 2018 DOCKET NUMBER: AR20170008383 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 12 June 2018 DOCKET NUMBER: AR20170008383 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: a. The transfer of a General Officer Memorandum of Reprimand (GOMOR) from the performance section of his official military personnel file (OMPF) to the restricted section. b. Removal of the Army Review Boards Agency memorandum, dated 16 April 2015 which contains the wrong social security number (SSN) and the wrong date of his GOMOR thus raising a question as to whether he was the intended recipient. 2. The applicant states, in effect, that on 5 May 2011, he had a lapse in judgement resulting in him driving under the influence (DUI). For these actions he received a GOMOR on 15 August 2012. He takes full responsibility for his actions and contends that it was an isolated, one time event. He has taken significant actions in his life to ensure his misconduct related to alcohol will never affect his life again. He has received post-traumatic stress disorder (PTSD) counseling to assist with his multiple post deployment stressors, and has permanently removed any use of alcohol from his life since that day. It is his desire to continue to serve in the Army Reserve and be considered for future promotion and positions of greater responsibility. Transfer of the GOMOR will allow him to accomplish his goals. 3. The applicant provides: * letters of support * award certificates * performance evaluations * military and civilian training certificates * military and civilian education documents CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving in the grade of lieutenant colonel (LTC/0-5) in the Active Guard Reserve (AGR) program. 2. The subject GOMOR, filed in his OMPF on 15 August 2012, was issued to the applicant in his current grade of LTC. The GOMOR states, in part: a. The reprimand was the result of being arrested for DUI in Peachtree City, GA in June 2011. His behavior was totally unacceptable from any Soldier, and was even more egregious when done by field grade officer. His conduct was a breach of the ethical and moral standards expected of an officer of the U.S. Army. b. The GOMOR was imposed as an administrative measure and not as nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ). The General Court-Martial Convening Authority (GCMCA), stated that he would consider any matters the applicant provided before making a decision to permanently file the GOMOR in his OMPF. 3. The applicant acknowledged receipt of the GOMOR on 24 July 2012 and he indicated his intent to consult with counsel and submit statements/documents on his behalf. The record is void of any rebuttal evidence. 4. On 7 August 2012, the Military Law Attorney, Army Reserve Medical Command, Pinellas Park, FL, found the GOMOR to be legally sufficient but noted the applicant was actually arrested in May 2011 versus June 2011. 5. On 15 August 2012, the GCMCA directed the GOMOR be permanently filed in the applicant’s OMPF. A review of his OMPF determined that the GOMOR is filed as directed. 6. The applicant subsequently appealed to the Department of the Army Suitability Evaluation Board (DASEB) requesting the transfer of the GOMOR to the restricted section of his OMPF. On 12 February 2015, the DASEB granted the requested relief. However, the Deputy Assistant Secretary of the Army (Review Boards), rejected the Board's decision finding the applicant's behavior violated Army regulations, policies, and protocols, and he had not shown the transfer would be in the best interests of the Army. This memorandum incorrectly lists the first number in the applicant's SSN as "2" and incorrectly shows the date of his GOMOR as 30 November 2009. 7. He provides: a. Six letters of support, of which two are general officer endorsements. These letters attests to the applicant's professionalism, technical ability, duty performance, accomplishments, and his potential to serve in positons of greater responsibility. All of his supporters state the GOMOR has served its intended purpose and recommend the GOMOR be transferred to the restricted section of his OMPF. b. Numerous academic and performance evaluations, military and civilian training certificates and awards covering his entire period of service. Of note are his accomplishments after the receipt of the GOMOR, which include completion of the Army War College and the Lean Six Sigma Black Belt coursework. 8. The applicant's OMPF is void of any other derogatory information. His performance evaluations subsequent to the GOMOR show his potential compared with other officers of the same grade was "Most Qualified." REFERENCES: 1. Army Regulation 600-8-104 (Army Military Human Resources Records Management (AMHRR)), in effect at the time, provides policies, operating tasks, and steps governing the AMHRR. This regulation states that only those documents listed in Appendix B are authorized for filing in the AMHRR and/or in the Interactive Personnel Electronic Records Management System. a. Depending on the purpose, documents will be filed in one of three sections: performance, service, or restricted. b. Table 3-1 (OMPF folders in the AMHRR) states the performance folder contains performance related information to include evaluations, commendatory documents, specific disciplinary information, and training/education documents. The restricted folder contains documents that may normally be considered improper for viewing by selection boards or career managers. 2. Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files; ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual official personnel files; and ensure that the best interests of both the Army and the Soldier are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files. a. Chapter 7 (Appeals and Petitions) provides the policies and procedures for appeals and petitions for removal of unfavorable information from the OMPF. b. Paragraph 7-2 (Policies and Standards), subparagraph b (Appeals for Transfers of OMPF Entries), contains guidance on transfers of OMPF entries. It states only letters of reprimand, admonition, or censure may be the subject of an appeal for transfer to the restricted section of the OMPF. (1) Appeals will normally be returned without action unless at least 1 year has elapsed since imposition of the letter or memorandum and at least one evaluation report, other than academic, has been received in the interim. It also shows that appeals approved under this provision will result in transfer of the document from the performance section to the restricted section of the OMPF. (2) GOMOR's may be transferred upon proof that their intended purpose has been served or that their transfer would be in the best interest of the Army. The burden of proof rests with the Soldier concerned to provide substantial evidence that these conditions have been met. 3. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends the GOMOR filed in the performance folder of his OMPF should be transferred because it has served its intended purpose. In addition, he requests that the ARBA memorandum, dated 16 April 2015, be removed because the administrative errors raise doubt that he is the intended recipient. 2. The GOMOR and allied documents are properly filed in the performance folder of the applicant's OMPF. By regulation, if at least 1 year has elapsed since imposition, an appeal related to a GOMOR can be approved based on proof the GOMOR has served its intended purpose and that the transfer would be in the best interest of the Army. 3. There is no doubt that after his misconduct in 2011 the applicant has rebounded in an outstanding manner. He accepted responsibility for his actions and has taken steps toward improving himself both personally and professionally. 4. His senior leaders, including two general officers, offer their endorsement attesting to his personal character and Army professionalism, to his worth and potential as an Army officer and advocate his continued service in the U.S. Army in positions of increasing responsibility. In addition, they all strongly recommend transfer of the GOMOR to the restricted section of the applicant's OMPF. 5. A GOMOR is primarily used as a tool for teaching proper standards of conduct and performance. The applicant was a LTC at the time of his DUI and he has not had the benefit of promotion in over 6 years since he received the GOMOR. The GOMOR appears to have served its intended purpose. 6. In regards to the removal of ARBA memorandum, dated 16 April 2015, this document is clearly intended for the applicant; however, it does contain administrative errors related to the applicant's SSN and the date of his GOMOR. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding these administrative errors. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170008383 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170008383 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2