ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF: 

		BOARD DATE:  9 May 2022

		DOCKET NUMBER: AR20210012543


APPLICANT REQUESTS: removal of the general officer memorandum of reprimand 
(GOMOR), 26 August 2019, from his Army Military Human Resource Record (AMHRR).

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)
*	Headquarters, U.S. Army Training Center and Fort Jackson, Memorandum 
(GOMOR), 26 August 2019, with allied documents

FACTS:

1.  The applicant states he was going through a difficult time in his life at the time of 
receipt of the GOMOR. He has learned from the incident and is ready to put it behind 
him and continue serving his country. He has been promoted to the rank/grade of 
sergeant/E-5 and is ready to continue to progress, move up in the ranks, and be the 
leader he know he is capable of becoming. It is his goal to become a drill sergeant and 
airborne and air assault qualified. Currently, we have senior enlisted leaders in the Army 
who may have made mistakes in the past, but it did not cost them their career. Being a 
Soldier is not simply a job or career, but a passion. He wants to help make the Army a 
stronger team and provide outstanding leadership to Soldiers.

2.  On 10 August 2018, he reenlisted in the Regular Army in the rank/grade of 
specialist/E-4 for a period of 3 years.

3.  On 26 August 2019, he was issued a GOMOR for operating a motor vehicle while 
intoxicated. The Commanding General, Headquarters, U.S. Army Training Center and 
Fort Jackson, stated:

	a.  The applicant is reprimanded for driving while intoxicated. On 9 August 2019, he 
was observed traveling at a speed greater than the posted limit and subsequently pulled 
over by a military police officer. Upon approaching his vehicle, the officer detected a 
strong odor of alcohol emanating from his breath and person. He was administered 
standard field sobriety tests, which indicated he was impaired. He was apprehended 
and transported to the Fort Jackson Provost Marshal Office and administered a breath 
alcohol content test, which indicated a breath alcohol content of 0.11 percent.

	b.  The Army and this command have consistently emphasized the consequences of 
drinking and driving. As a Soldier, the applicant is charged with the responsibility of 
setting the example for others. Clearly, his actions fell below the standards expected of 
a Soldier in the U.S. Army. There is no excuse for his irresponsible and improper 
behavior, and further incidents of this nature may result in more serious action being 
taken against him. Future duty performance should reflect the degree of professionalism 
expected of every Soldier.

	c.  The reprimand was imposed as an administrative measure under the provisions 
of Army Regulation 600-37 (Unfavorable Information) and not as punishment under the 
Uniform Code of Military Justice. The commanding general was considering whether to 
direct filing the reprimand permanently in the applicant's AMHRR. Prior to making a 
filing decision, the commanding general would consider any matters the applicant 
submitted in extenuation, mitigation, or rebuttal. The applicant must forward any matters 
for consideration through his chain of command within 7 calendar days.

4.  The applicant's memorandum (Response to GOMOR), 18 September 2019, 
requested local filing of the GOMOR. He stated he was at a friend's house having some 
drinks on 9 August 2019, and believed he was able to drive home. However, he was 
stopped by a military police officer for driving 5 miles per hour over the speed limit. 
Next, he performed and failed a field sobriety test and breathalyzer test.

	a.  That night, he lost track of his goals and let negative scenarios derail him. 
Specifically, during the past year he has been involved in an ongoing custody battle for 
his son, one of his best friends was killed, his fiancée received an abortion without 
consulting him, and his grandmother passed away. While these hardships are not an 
excuse for his behavior, they contributed to the incident of unusual alcohol 
consumption.

	b.  Since the incident occurred, he has taken proactive steps to improve himself and 
his situation. He initiated meetings with Substance Use Disorder Clinical Care 
counselors and enrolled in the Army Substance Abuse Program. He has also sought 
guidance from the chaplain and other counselors.

	c.  He respectfully requests another chance so he can continue to prove his 
leadership and contribution to the Army. What he did is unacceptable and he made a 
bad decision. He hopes this one mistake doesn't classify him as a bad Soldier, because 
that is not who he is. Since arriving at Fort Jackson, he has had wonderful leadership 
and mentors. Thanks to this opportunity, he has progressed and is growing as an 
individual and wants to continue serving in the Army.


5.  On 30 September 2019, the GOMOR-imposing authority directed permanently filing 
the GOMOR in the applicant's AMHRR, to include all enclosures, as appropriate. In 
reaching this determination, the commanding general carefully considered the 
reprimand, the circumstances of the misconduct, all matters submitted by applicant, and 
recommendations of subordinate commanders.

6.  On 30 November 2020, he was promoted to the rank/grade of sergeant/E-5.

7.  The applicant's DA Form 2166-9-1 (Noncommissioned Officer Evaluation Report 
(Sergeant)) covering the period 27 October 2020 through 20 July 2021 shows his rater 
marked "Met Standard" in all Performance Evaluation, Professionalism, Attributes, and 
Competencies categories. His senior rater rated his overall potential as "Qualified" and 
commented: "[Applicant] is a newly promoted Non-Commissioned Officer that [sic] still 
needs development in his MOS [military occupational specialty]. With the proper 
training, mentorship, and motivation, he can be successful in the military. Promote when 
properly developed and send to ALC [Advanced Leader Course] when ready."

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
relief was not warranted.  Based upon the documentary evidence presented by the 
applicant and found within the military service record, the Board found insufficient 
evidence of an error or injustice which would warrant a correction of the applicant’s 
record. After reviewing the facts and circumstances, the Board found that all due 
process protections were afforded the applicant and that the processing of his GOMOR 
was done within regulatory guidelines and standards. One possible outcome was to 
provide relief based upon the applicant’s statement; however, the applicant provided no 
evidence of post-service achievements or letters of support to consider with his 
application. For that reason, the Board recommended that denying the requested relief 
was appropriate.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

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.  Army Regulation 190-5 (Motor Vehicle Traffic Supervision) outlines policy and 
implements the standard of 0.08 percent blood alcohol content or higher for adverse 
administrative actions. Paragraph 2-7 states Army commanders will take appropriate 
action against intoxicated drivers. A written reprimand, administrative in nature, will be 
issued to active duty Soldiers when driving or being in physical control of a motor 
vehicle when the blood alcohol content is 0.08 percent or higher. Chapter 4 describes 
the blood alcohol concentration standards and states that administrative revocation of 
driving privileges and other enforcement measures will be applied uniformly to offenders 
driving. If the percentage of alcohol in the person's blood is less than 0.05 percent, 
presume the person is not under the influence of alcohol. If the percentage of alcohol in 
the person's blood is more than 0.05 percent, but less than 0.08 percent, presume the 
person may be impaired.

2.  Army Regulation 600-37 (Unfavorable Information), effective 10 May 2018, 
prescribed policies and procedures to authorize placement of unfavorable information in 
individual official personnel files. Paragraph 7-2d provided that once an official 
document has been properly filed in the AMHRR, 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 AMHRR. For transfer of the 
document to the restricted folder of the AMHRR, Soldiers must have received at least 
one evaluation since imposition and must indicate how the transfer of the unfavorable 
information would be in the best interest of the Army, thereby warranting transfer of the 
document to the restricted folder of the AMHRR. Such evidence may include, but is not 
limited to: statements of support from the imposing authority, the Soldier's current chain 
of command, the Soldier's chain of command at the time of imposition, and/or other 
memoranda of support; subsequent evaluation reports (other than academic); notarized 
witness statements; official documents; court documents; statements of remorse; 
documents demonstrating rehabilitation; other documents proving the intended purpose 
of the document has been served; and legal documents.

3.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) 
prescribes policies governing the Army Military Human Resource Records Management 
Program. The AMHRR includes, but is not limited to, the Official Military Personnel File 
(OMPF), finance-related documents, and non-service related documents deemed 
necessary to store by the Army.

	a.  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.


	b.  Appendix B (Documents Required for Filing in the AMHRR and/or Interactive 
Personnel Electronic Records Management System) contains the list of all documents 
approved by the Department of the Army and required for filing in the AMHRR and/or 
interactive Personnel Electronic Records Management System. A letter or 
memorandum, regardless of the issuing authority, may be filed in the OMPF only upon 
the order of a general officer (to include one frocked to the rank of brigadier general) 
senior to the recipient or by direction of an officer having general court-martial 
jurisdiction over the individual. Letters/memorandums filed in the OMPF will be filed in 
the performance folder. The direction for filing in the OMPF will be contained in an 
endorsement or addendum to the letter/memorandum.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont) 	AR20210012543


1
1