BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160009017 BOARD VOTE: ___x_____ ___x_____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160009017 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 amending Part Ve (Senior Rater Bullet Comments) of his DA Form 2166-8 (Noncommissioned Officer Evaluation Report( NCOER) for the period 23 February 2012 through 1 January 2013 by: a. removing the comment "Rated NCO refuses to sign" and b. adding the comment "Rated NCO is not available for signature." ___________x________________ CHAIRPERSON 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. BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160009017 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 amendment of his DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period 23 February 2012 through 1 January 2013. Specifically, he requests removal of the comment "Rated NCO refuses to sign." 2. The applicant states, in effect, the comment "Rated NCO refuses to sign" is inaccurate, because he was never afforded the opportunity to review and sign the NCOER. The original NCOER for this rating period contained errors in the administrative portion, reflecting an inaccurate rating scheme and misspelled words. He adds that he does not want the inaccuracy on this NCOER to have a negative and unfavorable impact on future promotion boards and career progression opportunities. 3. The applicant provides two versions of his NCOER covering the period 23 February 2012 through 1 January 2013. CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving in the Regular Army in the rank and pay grade of staff sergeant (SSG)/E-6. 2. He received a change of rater NCOER covering 10 months of rated time, from 23 February 2012 through 1 January 2013, for his duties as Squad Leader, 101st Chemical Company, Fort Bragg, NC. His rater (the platoon sergeant) was Sergeant First Class R. His senior rater was (the company commander) Captain (CPT) B, and the reviewer was (the battalion executive officer) Major K. The NCOER was signed by the rater on 19 December 2012 and by the senior rater and reviewer on 20 December 2012. The applicant did not sign the NCOER. 3. The applicant’s Permanent Change of Station Orders issued on 20 March 2012 were amended on 30 October 2012, reassigning him to Korea with a report date of 10 January 2013. 4. The applicant's NCOER for the period 23 February 2012 through 1 January 2013 was reissued in July 2013. This NCOER shows the senior rater was changed to First Sergeant (1SG) D and the reviewer was changed to CPT B. The reissued NCOER also shows the applicant did not sign the NCOER and the senior rater entered the comment "Rated NCO refuses to sign" in Part Ve. 5. A review of the contested NCOER revealed the applicant received positive ratings from the rater and senior rater. 6. The contested NCOER was added to the applicant's Interactive Personnel Electronic Records Management System (iPERMS) record on 28 August 2013. 7. Orders issued on 23 October 2013 shows the applicant was reassigned from Korea to Fort Bragg with a report date of 10 February 2014. He is currently assigned to Fort Bragg. REFERENCES: Army Regulation 623-3 (Evaluation Reporting System), prescribes the policies for completing evaluation reports that support the Evaluation Reporting System. This includes the DA Form 2166-8. Section VII (Evaluation Report Preparation and Submission) provides that members of the rating chain and the rated Soldier are the only persons authorized to sign an evaluation report. Rating officials and rated Soldiers will not sign blank evaluation reports or have someone sign for them. The rated Soldier will always be the individual to sign the evaluation report last after rating officials. The rated Soldier's signature will verify the accuracy of the administrative data in part I, confirming the name and social security number on the evaluation report, rank and date of rank, branch or military occupational specialty data, period covered and nonrated time, the rating officials, Army Physical Fitness Test, and height and weight entries. This procedure ensures that the rated Soldier has seen the completed evaluation report. It also increases the administrative accuracy of the evaluation report and will normally preclude an appeal by the rated Soldier based on inaccurate administrative data. In the event the rated Soldier is not available or refuses to sign, senior raters will provide an explanation in their narrative or bullet comments. DISCUSSION: 1. The available evidence shows the applicant received an NCOER covering the period 23 February 2012 through 1 January 2013. This report contained administrative errors in that it listed incorrect rating officials. The evidence also shows the applicant was reassigned to Korea prior to the NCOER being completed. 2. Based on the foregoing, and based on the positive ratings the applicant received, it is reasonable to assume he would have reviewed and signed the NCOER had he been afforded the opportunity prior to the report being added to his iPERMS record. 3. Therefore, it appears there is sufficient evidence to amend the contested NCOER by replacing the comment "Rated NCO refuses to sign" in Part Ve with the comment "Rated NCO is not available for signature." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009017 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009017 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2