IN THE CASE OF: BOARD DATE: 18 October 2021 DOCKET NUMBER: AR20200010302 APPLICANT REQUESTS: removal of a General Officer Memorandum of Reprimand (GOMOR), dated 12 June 2014, from her official Army Military Human Resources Record (AMHRR). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Statement FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. When she looks back at her military records, it can be noted that she was an exceptional officer and took great pride in her work and duty to take care of Soldiers, prior to the incident that resulted in the GOMOR. It can also be noted that she took full ownership of the mistake she made that warranted the GOMOR. Her records (Officer Evaluation Reports and Awards) reflected her dedication to service and duty to her country. She is aware that her decision to engage in an inappropriate relationship was detrimental to her ability to lead as well as her unit moral. As a result, she came forward to her chain of command regarding the inappropriate relationship, fulling knowing it would negatively affect, and most likely terminate, her own career; she did it anyway. b. She has had several years to ponder the decision she made, and whether she made the right one in coming forward, she remains steadfast that she did. While her decision was flawed, her integrity was not. She requests the GOMOR, and all accompanying documentation, be removed from her permanent file. She has been separated from the Army for over five years now. She believes the GOMOR has served its purpose and no longer has a place in her file. 3. Review of the applicant's service records shows: a. She was appointed as a Regular Army aviation commissioned officer and executed an oath of office on 7 July 207. b. She served in a variety of staff or command positions, both stateside and overseas, including Afghanistan from February 2010 to November 2010 and Jordan from September 2014 to November 2014. c. She was promoted to captain in October 2010. d. On 12 June 2014, she was reprimanded for engaging in an inappropriate relationship with a subordinate and for conduct unbecoming an officer. The GOMOR states: (1) An investigation revealed that you engaged in a sexual relationship with a subordinate warrant officer in your unit while you were in command of B Company, 4th Battalion, 501st Aviation Regiment. As an officer in the United States Army, she is expected to maintain the highest level of discipline and integrity. Her decision to engage in a sexual relationship with a subordinate demonstrates a severe lack of judgment and common sense. Her actions compromised your authority as the Company Commander and raise serious concerns about her fitness for further service. (2) This reprimand is imposed as an administrative measure in accordance with Army Regulation 600-37 (Unfavorable Information) and not as punishment under Article 15, Uniform Code of Military Justice. The imposing general officer intends to file a copy of this memorandum in her AMHRR and would make a final filing determination after reviewing any matters that she chooses to submit for my consideration. e. The applicant acknowledged receipt and submitted a statement in which she expressed and apology for her misconduct. She reported that she was ashamed and embarrassed by her poor decision, and further disappointed given the black mark that she has left on her unit and herself. She acknowledged that as a company commander, she was placed in a position of privilege and trust and by choosing to become involved with a [member] in her Company, she betrayed that trust, violated a regulation and compromised her integrity. She understood that the decision she made has consequences; and it was because of her decision that she has been relieved of Command and her credibility as an intelligent and reliable officer has been diminished. f. Her chain of command recommended permanent filing of the GOMOR in her AMHRR. g. On 10 July 2014, after reviewing the entire case file, to include matters submitted for consideration, the imposing general officer directed that a copy of the administrative memorandum of reprimand, dated 12 June 2014, be filed in her AMHRR. h. She resigned her commission and she was honorably discharged from active duty on 1 March 2015. Her DD Form 214 (certificate of Release or Discharge from Active Duty) shows she completed 7 years, 7 months, and 25 days of active service. She was awarded or authorized: * Afghanistan Campaign Medal with 2 campaign stars * Air Medal * Army Commendation Medal * Army Achievement Medal (4th Award) * National Defense Service Medal * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal * Combat Action Badge * Army Service Medal * Overseas Service Ribbon * NATO Medal * Basic Aviator Badge * Parachutist Badge i. There is no evidence she petitioned the Department of Suitability Evaluation Board for transfer (or removal) of said GOMOR within that board's regulatory 3-year period. 4. By regulation (AR 600-37), once an official document is properly filed in the AMHRR, it is presumed to be administratively correct and 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 AMHRR. Appeals that merely allege an injustice or error without supporting evidence are not acceptable and will not be considered. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Board members reviewed her request, the supporting evidence and the service record. The evidence of record shows that the applicant was reprimanded after an investigation revealed that she engaged in a sexual relationship with a subordinate warrant officer in her unit. She was afforded the opportunity to review all of the evidence against her and to submit matters on her own behalf prior to a final filing decision and she did so. After careful consideration of the applicant's case and the chain of command's recommendations, the imposing general officer ordered filing of the GOMOR in the applicant's OMPF. The GOMOR is currently filed in the performance section of her OMPF. Among the purposes of filing unfavorable information is protection, not just for the Soldier's interests but for the Army's as well. Board members noted that the GOMOR is properly filed, and the applicant not proven this GOMOR to be either untrue or unjust or that it has served its purpose. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X: X: X: DENY APPLICATION 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. 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. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-37 (Unfavorable Information), 10 April 2018, sets forth policies and procedures to ensure the best interests of both the Army and Soldiers are served by authorizing unfavorable information to be placed in, transferred within, or removed from an individual's AMHRR. a. Unfavorable information will not be filed in the AMHRR unless the recipient has been given the opportunity to review the documentation that serves as the basis for the proposed filing and a reasonable amount of time to make a written statement in response. b. Unfavorable information that should be filed in official personnel files includes indications of substandard leadership ability, promotion potential, morals, and integrity. These traits must be identified early and shown in permanent official personnel records that are available to personnel managers and selection board members for use in making decisions that may result in selecting Soldiers for positions of public trust and responsibility, or vesting such persons with authority over others. Other unfavorable character traits of a permanent nature should be similarly recorded. c. Once an official document is properly filed in the AMHRR, it is presumed to be administratively correct and 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 AMHRR. Appeals that merely allege an injustice or error without supporting evidence are not acceptable and will not be considered. d. Transfer those administrative memoranda of reprimand, admonition, or censure that are determined upon appeal to have served their intended purpose from the performance to the restricted folder of the AMHRR, when such transfer would be in the best interest of the Army. 3. Army Regulation 600-8-104 (Army Military Human Resource Records Management), 7 April 2014, prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR. The AMHRR includes, but is not limited to the OMPF, finance-related documents, and non-service related documents deemed necessary to store by the Army. Paragraph 3-6 provides that once a document is properly filed in the AMHRR, the document will not be removed from the record unless directed by the ABCMR or other authorized agency. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200010302 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1