ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:

		BOARD DATE:  14 June 2019

		DOCKET NUMBER:  AR20180011612


APPLICANT REQUESTS:  removal of memorandum, Headquarters, U.S. Army Training 
Center and Fort Jackson, dated 30 January 2017, subject:  Notification of Results of 
Board of Inquiry (BOI) for (Applicant), Headquarters and Headquarters Company, 
Special Troops Battalion, U.S. Army Garrison, Fort Jackson, from the performance 
folder of his Army Military Human Resource Record (AMHRR) and Official Military 
Personnel File (OMPF).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Memorandum, Headquarters, U.S. Army Training Center and Fort Jackson, 
dated 30 January 2017, subject:  Notification of Results of Board of Inquiry (BOI) 
for (Applicant), Headquarters and Headquarters Company, Special Troops 
Battalion, U.S. Army Garrison, Fort Jackson
*	Record of Proceedings, Department of the Army Suitability Evaluation Board 
(DASEB), dated 7 August 2018
*	Memorandum, Army Review Boards Agency (ARBA), Arlington, VA, dated 
9 August 2018, subject:  Resolution of Unfavorable Information for (Applicant)
*	DA Form 67-10-1 (Company Grade Plate (O1-O3; WO1-CW2) Officer Evaluation 
Report) covering the period 1 June 2017 through 22 June 2018
*	Email Correspondence between Applicant and ARBA, dated 9 August 2018 
through 20 August 2018

FACTS:

1.  The applicant states:

*	the contested document has an incorrect date as to when he appeared before 
the BOI
*	the BOI occurred due to the permanent filing of a general officer memorandum of 
reprimand (GOMOR) in his AMHRR on 12 August 2016
*	he received relief from the DASEB on 7 August 2018
*	the BOI notification memorandum is all that remains in the disciplinary folder of 
his AMHRR
*	it is unjust because it inaccurately portrays the BOI as having occurred before the 
receipt of the GOMOR
*	more importantly, the DASEB determined the GOMOR served it's intended 
purpose
*	having the BOI notification memorandum in his AMHRR and OMPF will have a 
negative impact on his consideration for promotion
*	the BOI notification memorandum will influence a promotion selection board in 
the same manner as the GOMOR would have had

2.  He received a GOMOR on 12 August 2016 for conduct unbecoming an officer and 
for failing to maintain the highest standards of integrity while assigned as a Trial 
Defense Attorney.

3.  On 12 October 2016, he was notified by the Commanding General, Headquarters, 
U.S. Army Training Center and Fort Jackson, of initiation of elimination action.  The 
commanding general's actions were based on the following specific reasons for 
elimination:

	a.  An Army Regulation 15-6 (Procedures for Investigating Officers and Boards of 
Officers) investigation found his conduct was unbecoming of an officer and a 
gentlemen.  The investigation found he allowed false documents to be submitted in 
order to facilitate his entry into Air Assault School.

	b.  He received an GOMOR for his misconduct.

4.  On 30 January 2017, he was notified the BOI voted to retain him on active duty.

5.  He submitted an appeal to DASEB to remove the GOMOR from his AMHRR on 
25 October 2017.

6.  On 7 August 2018, the DASEB voted to transfer the GOMOR and all allied 
documents to the restricted folder of his AMHRR.  The DASEB further directed filing the 
memorandum of record, record of proceedings, and appeal correspondence in the 
restricted folder of his AMHRR.

7.  On 16 August 2018, the Director, Case Management Division, ARBA, informed the 
applicant via email that the BOI notification memorandum is not considered an allied 
document and therefore will not be transferred with the GOMOR and the DASEB 
documents to the restricted folder of his OMPF.  The Case Management Division 
Director advised him of his option to seek relief from the ABCMR.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in records.  The Board discussed the decision of the DASEB and the filing of 
the GOMOR and allied documents in the restricted folder of the applicant’s AMHRR.  
While there was no error, the Board determined that the BOI notification memorandum 
and these proceedings will be filed in the applicant’s AMHRR restricted folder as was 
the GOMOR and all allied documents. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.

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 
the Army records of the individual concerned be corrected by transferring the following 
documents to the restricted folder of his AMHRR:

      - Memorandum, Headquarters, U.S. Army Training Center and Fort Jackson, dated 
30 January 2017, subject:  Notification of Results of Board of Inquiry (BOI) for 
(Applicant), Headquarters and Headquarters Company, Special Troops Battalion, 
U.S. Army Garrison, Fort Jackson and;
      - These proceedings (ABCMR AR20180011612) and related documents.

  

 
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.


ADMINISTRATIVE NOTE(S):  not applicable.



REFERENCES:

1.  Army Regulation 15-6 (Procedures for Investigating Officers and Boards of Officers) 
establishes procedures for investigations and boards of officers not specifically 
authorized by any other directive.

2.  Army Regulation 600-8-24 (Officer Transfers and Discharges) prescribes policies 
and procedures governing transfer and discharge of Army officer personnel.  An officer 
may be considered for elimination for misconduct, moral or professional dereliction, or in 
the interest of national security.  Paragraph 4-6 (Boards) states the BOI's purpose is to 
give the officer a fair and impartial hearing determining if the officer will be retained in 
the Army.

3.  Army Regulation 600-37 (Unfavorable Information) implements policies regarding 
unfavorable information considered for inclusion in official personnel files.  Paragraph  
3-3 states proceedings of BOIs may be filed in the performance folder of the AMHRR 
without further referral to the recipient.
ABCMR Record of Proceedings (cont)	AR20180011612


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