ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 18 April 2019 DOCKET NUMBER: AR20170015908 APPLICANT REQUESTS: a change in grade from First Lieutenant (O2E) to Captain (O3E). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • DD Form 149 Addendum ( Brief and Documentation in Support of Application for Correction of Military Record) • Personal Statement • Self- Authored Letter x 2 • DD Form 214 (Certificate of Release or Discharge from Active Duty) • Memorandum Subject: Appointment as Investigation Officer, dated 20 April 2015 • Memorandum Subject: Findings and Recommendation for 15-6 Investigation, dated 24 April 2015 • DA Form 2823 (Sworn Statement) x 3 • Memorandum for Record Interview x 2 • Character Reference x 5 • DA Form 67 (Officer Evaluation Report) x 3 • Army Achievement Medal Certificate • Supplemental Promissory Note Agreement from Army Emergency Relief Fund • Army RSO Survivor Benefit Plan (SBP) Retiring Soldier Counseling Statement FACTS: 1. The applicant states through counsel essentially: • her retirement grade was improperly downgraded and should be reinstated, this punishment did not fit the nature of the conduct she committed • her retirement grade being downgraded demeans her six years of distinguished service as a Captain (CPT) in the United States Army and is unjust because she is not being given the benefits that she earned through her hard work and devotion to the Army the investigation into her misconduct suggests animus against her from her peers, as she was the only female officer in her unit, yet was investigated over a fraternization matter that had no bearing on the performance or morale of the unit or indeed either party • her disability pay should be upgraded because her work environment was hostile and she was the target of opprobrium from within the unit 2. The applicant states: • after graduating high school she joined the Army to serve her country and follow the legacy of her mother, who served in the United States Army Reserve (USAR) for 30 years • she's honored and thankful for the opportunity to serve in the United States Army for 20 years • her professional performance was captured in her evaluation each year, the majority of the evaluations ranked her as among the best • her children and her have endured great financial hardship with the reduction in her retirement pay • she requests that her retirement grade be corrected • April 2016, just prior to receiving a General Officer Memorandum of Reprimand (GOMOR), she had a high risk pregnancy and was the only female in her unit • she describes her organizational environment as hostile due to the vulgarity and language spoken among the staff members • she was scheduled to Permanent Change of Station (PCS), with her household items shipped and her rental agreement up, she was forced to stay in a hotel because her commander would not allow her to take PCS leave until the investigation was complete • SFC __ was selected to attend Warrant Officer Candidate School, but once he received a GOMOR, the commander cancelled his school dates • her retirement transition out processing outlined in depth the Survivor Benefit Program (SBP), she was informed that her retirement pay would be $3435.00 and her children would receive $1809.00 in the event the program was implemented; however Defense Finance and Accounting Service (DFAS) reduced her monthly retirement to $2840.00 and the SBP to $1506.00 • the reduction in her pension creates a $1000.00 deficit each month; she exhausted her TSP funds and sought financial assistance from the Army Emergency Relief fund (AER) in the amount of $3829.86 3. A review of the applicant's records show: • 30 August 2007 - commissioned as an Officer in Regular Army • 1 September 2010 - promoted to CPT • 20 April 2015 - investigation initiated on applicant regarding fraternization, she received a GOMOR 15 August 2016 – Army Grade Determination Review Board was conducted on applicant • 31 December 2016 – honorably retired with 9 years, 4 months and 1 days of net active service as commissioned officer and 11 years and 2 days of prior net service as an enlisted service member 4. On 24 April 2015, a memorandum for finding and recommendation for 15-6 Investigation into facts and circumstances surrounding the allegations of the inappropriate relationships involving the applicant showed: • there was evidence the applicant and SFC __ engaged in an improper personal relationship resulting in SFC __ fathering the applicant's unborn child • the applicant did not engage in an improper relationship with SPC __, fraternization did not occur • SFC__ planned to attend Warrant Officer Candidate School and marry the applicant after he completed it to make the relationship "legal" • 14 personnel were interviewed to include four personnel providing a sworn statement and/ or memorandum for records showing SFC __ confessed to fathering the applicant's unborn child • findings that SFC __ impregnated the applicant is based on statements referencing SFC _ admitting to being the father of the applicant's unborn child • the applicant was enlisted in the administrative/ human resource field and is from Puerto Rico, these factors provided common ground for the applicant to relate to SPC __ • it was reasonable to conclude that the relationship between the applicant and SPC __ did provide the perception that they had an inappropriate relationship, but no additional facts were found to support the allegation • integrity of supervisory authority and chain of command remained intact based on all statements • there are no statements that corroborate any perceived partiality with the unit • no improper use of grade or position • no statements or proof that anyone in the command has been coerced or exploited based on any relationship • the investigation did not find proof that there is an actual or clearly predictable adverse impact on discipline, authority, morale or the ability of the command to accomplish its mission • all fourteen statements describe SFC __ as a superb, stellar performer, “Go To” NCO, and someone that every Soldier and Junior NCO want to emulate...his admission primarily out of guilt for violating Army regulation • based on the applicant's Officer Record Brief, she has 19 years of time in service, statements paint the picture the applicant was "self-assured", "one of the least respected individuals in the unit", "gets her way", and "doesn’t have to follow rules" evidence supports the applicant knew the relationship with SFC __ was in violation of Army Regulation 600-20 (Army Command Policy), Paragraph 14 • recommended findings are: o to the commander for Uniform Code for Military Justice (UCMJ)/ Adverse Administrative Action against applicant and SFC __ o recommend counseling for applicant and SPC __ reference fraternization in the work place o recommend the command to conduct small group scenario based fraternization training and develop a standard or policy of how personnel are expected to perform on and off duty 5. The applicant provided three DA Form 2823 showing the testament SFC __ admitted to impregnating an officer after this divorce was complete; however he did not state who the female officer was. The DA Form 2823 also showed there was no unprofessional behavior presented by the applicant or SFC __. 6.. On 22 April and 23 April 2015, two memorandums for record were complete showing: • the applicant was viewed as "smart and hardworking" and SFC __ worked in operations and was the SHARP guy • the applicant served as a mentor to SPF __ • there were rumors of SFC __ being the father of applicant's unborn child 7. On 15 August 2016, an Army Grade Determine Review Board was conducted showing: • the voluntary retirement submitted by the applicant and the grade determination request submitted by Human Resource Command (HRC) was reviewed • it was determined the applicant's retirement request was approved • she will be placed on retirement list as O2E, her service in the grade of O3E was not satisfactory 8. The applicant provided five letters for character reference from various previous supervisors showing the applicant was a professional and exceptional officer. She made a mistake in her career; however this one mistake should not define the applicant's 20 years of service. 9. The applicant provided three OERs showing she served exceptionally during the period in question, resulting in "most qualified”, "center mass" and "above center mass" evaluation ratings. 10. The applicant provided financial statements showing she received an AER loan in the amount of $3829.86 and her SBP premium cost and annuities statement. 11. Army Regulation (AR) 15-80 (Army Grade Determination Review Board and Grade Determinations) Mandates referral to the Assistant Secretary of the Army (Manpower and Reserve Affairs) for grade determinations of officers who are pending retirement and who, since their last promotion, have been subjects of substantiated adverse findings that are reflected in their official military personnel files. Although a lower grade determination may affect an individual adversely, it is not punitive. The AGDRB will consider each case on its own merits. Generally, determination will be based on the soldier’s overall service in the grade in question, either on active duty. Service in the highest grade or an intermediate grade normally will be considered to have been unsatisfactory when: • the highest grade was a result of a terminal leave promotion (see the glossary for a definition of this term). • b. reversion to a lower grade was— o Expressly for prejudice or cause. o (2) Owing to misconduct. o (3) Caused by nonjudicial punishment pursuant to UCMJ, Art. 15. o (4) The result of the sentence of a court-martial. One specific act of misconduct may or may not form the basis for a determination that the overall service in that grade was unsatisfactory, regardless of the period of time served in grade. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. Based upon the length of time of honorable service as a captain prior to engaging in the improper sexual relationship, with no evidence of the misconduct involving adultery, the Board found relief appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending her DD Form 214 to reflect the rank of O3E/Captain. 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. ? REFERENCES: 1. Army Regulation (AR) 15-80 (Army Grade Determination Review Board and Grade Determinations) Mandates referral to the Assistant Secretary of the Army (Manpower and Reserve Affairs) for grade determinations of officers who are pending retirement and who, since their last promotion, have been subjects of substantiated adverse findings that are reflected in their official military personnel files. A grade determination is an administrative decision to determine appropriate retirement grade, retirement pay, or other separation pay. Although a lower grade determination may affect an individual adversely, it is not punitive. The AGDRB will consider each case on its own merits. Generally, determination will be based on the soldier’s overall service in the grade in question, either on active duty or other service qualifying the soldier for service/physical disability retirement, receipt of retired pay, or separation for physical disability. Service in the highest grade or an intermediate grade normally will be considered to have been unsatisfactory when: • the highest grade was a result of a terminal leave promotion (see the glossary for a definition of this term). • b. reversion to a lower grade was— o Expressly for prejudice or cause. o (2) Owing to misconduct. o (3) Caused by nonjudicial punishment pursuant to UCMJ, Art. 15. o (4) The result of the sentence of a court-martial. One specific act of misconduct may or may not form the basis for a determination that the overall service in that grade was unsatisfactory, regardless of the period of time served in grade. ABCMR Record of Proceedings (cont) AR20170015908 ? ABCMR Record of Proceedings (cont) AR20170015908 ? 1 5 1 ABCMR Record of Proceedings (cont) AR20170015908 ABCMR Record of Proceedings (cont) AR20170015908 1 6 ABCMR Record of Proceedings (cont) AR20170015908 1