IN THE CASE OF: BOARD DATE: 16 December 2020 DOCKET NUMBER: AR20200005093 APPLICANT REQUESTS: move his DA Form 67-10-1 (Officer Evaluation Report (OER), covering the period 21 November 2013 to 12 January 2015, (contested OER) to the restricted file of his Army Military Human Resource Record (AMHRR). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Applicant, dated 6 January 2020, subject: Evaluation Report Administrative Appeal (Applicant), 21 November 2013 through 12 January 2015, with enclosures – * Enclosure 1 – DA Form 67-10-1 * Enclosure 2 – Timeline of positions while assigned to the 1st TSC * Enclosure 3 – DA Forms 4187 (Personnel Action), dated 8 January 2015 and 12 January 2015 * Enclosure 4 – Email, dated 10 June 2014, subject: Important Computer Access Account * Enclosure 5 – Unit Manning Roster, 1st Theater Sustainment Command (TSC), dated 9 October 2014 * Enclosure 6 – Personnel Accountability Roster, 1st TSC, dated 20 October 2014 * Enclosure 7 – Memorandum, Lieutenant Colonel (LTC) dated 26 December 2019, subject: Supporting Statement for Evaluation Report Appeal of (Applicant) * Enclosure 8 – Memorandum, Sergeant First Class (SFC) dated 6 January 2020, subject: Supporting Statement for Evaluation Report Appeal of (Applicant) * Enclosure 9 – DD Form 1610 (Request and Authorization for Temporary Duty (TDY) Travel of Department of Defense Personnel), dated 22 October 2014 * Memorandum, U.S. Army Human Resources Command, dated 8 January 2020, subject: OER, 21 November 2013 through 12 January 2015, (Applicant) 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 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. He requests the total removal of his contested OER to his restricted file in his AMHRR due to insufficient period observation by rating officials, referencing Army Regulation 623-3, paragraph 3-40a. b. His timeline of positions while assigned to the 1st TSC shows he was assigned to the – * Special Troops Battalion in the S/2S3 position from 23 June 2014 to 24 October 2014 (124 days, change in rater and senior rater) * G2 Training Readiness Exercise Officer in Charge position from 27 October 2014 through 12 January 2015 (79 days) c. In June 2014 he had a permanent change of station to Fort Bragg, NC after completing his Military Intelligence Captain Career Course to take over the Special Troops Battalion S2 position. However, a Modification Table of Organization and Equipment combined various positions causing his position to be filled with a more senior captain. He was assigned to the G2 section at the 1st TSC on or about 27 October 2014. 3. The applicant was serving in the Regular Army when he attended his Captains Career Course on 9 December 2013. 4. The U.S. Army Intelligence Center of Excellence Order 090-043, dated 31 March 2014, assigned him to the 1st TSC, Fort Bragg, NC, with a report date of 23 June 2014. 5. His DA Form 1059 (Service School Academic Evaluation Report), dated 20 May 2014, shows he completed the Military Intelligence Captains Career Course, covering the period 9 December 2013 through 20 May 2014. 6. The 1st TSC Unit Manning Roster, 9 October 2014, shows the applicant assigned to the duty position of S3 of the Special Troops Battalion/S2/S3 section. 7. The 1st TSC Personnel Accountability Roster, dated 20 October 2014, shows his rater of his contested OER present for duty with the 1st TSC starting on 15 July 2014 and his senior rater starting on 18 August 2014. The applicant is shown as present for duty starting on 23 June 2014. 8. His DD Form 1610 (Request and Authorization for TDY Travel of Department of Defense Personnel), dated 22 October 2014, shows his request for temporary duty to attend training in Tampa, FL, 26 October 2014 through 1 November 2014. The form shows in block 6 (Organizational Element) his unit as the 304th Military Intelligence Battalion. 9. There was no evidence in his AMHRR of a reassignment document showing a change of his duty position within the 1st TSC, from his duty position as the S3 in the Special Troops Battalion/S2/S3 to his duty position of G2 Training and Readiness Officer-in-Charge. Additionally, there was no evidence of a the 1st TSC's rating scheme. 10. His contested OER, covering the period 21 November 2013 through 12 January 2015, shows in: * Part Ig (Unit, Organization, Station, Zip Code or APO, Major Command) – Headquarter, Headquarter Company Theater, Fort Bragg * Part Ii (Reason for Submission) – Change of Rater * Part Ik (Rated Months) – 6 * Part Il (Nonrated Codes) – * Code I – (In transit between duty stations, including leave, permissive TDY and TDY) * Code Q – (Lack of rater qualification) * Code S – (Student at military or civilian school) * Part II (Authentication) – his rater as the Assistant Chief of Staff G2 and his senior rater as the Chief of Staff. The OER was signed by the rater, senior rater and the applicant on 18 May 2015. * Part III (Duty Description) – his principle duty title as G2 Training and Readiness Officer-in-Charge * Part VI (Senior Rater) – his senior rater rated his potential as "Highly Qualified" and commented, clearly in the top 15% of company grade officers in the command, (Applicant) has great potential and is a gifted and talented leader, problem solver and team player; (Applicant) operates effectively in a high demand and pressure environment; Promote to major and sent to Intermediate Level Education * [Note: there were no derogatory comments] 11. The memorandum, dated 26 December 2019, Lieutenant Colonel stated he served as the Special Troops Battalion S3 for the 1st TSC when the applicant arrived in June 2014 to assume the S2/S3 responsibilities. 12. The memorandum, dated 6 January 2020, Sergeant First Class stated she served as the deployment cell Noncommission Officer-in-Charge in the Special Troops Battalion, S3 section when the applicant was serving as the Battalion S2/S3 and he remained in the positon until he moved to the G2 section in October 2014. 13. His memorandum to U.S. Army Human Resources Command, dated 6 January 2020, subject: Evaluation Report Administrative Appeal (Applicant), 21 November 2013 through 12 January 2015, requested to remove his contested OER to his restricted file in his AMHRR. 14. The U.S. Army Human Resources Command memorandum, dated 8 January 2020, subject: OER 21 November 2013 through 12 January 2015, (Applicant), notified the applicant that his request concerning his OER is being returned without action. His request/appeal was not received within 3 years of the ending date of the OER and directed him to submit an appeal application to the ABCMR to resolve any issues he may have with the evaluation report in question. 15. There is no provisions in Army Regulations 623-3 for a requirement of an Evaluation Report when there is a change in a unit's Modification Table of Organization and Equipment changing duty position titles. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement, his military service record and documents provided by the applicant. The Board determined there is insufficient evidence in the records to support the applicant’s request. The Board determined the burden of proof is on the applicant to provide a rating chain and movement orders. Therefore, the Board concluded there was insufficient evidence of an error or injustice which would warrant the applicant’s OER being moved to his restricted file of his Army Military Human Resource Record (AMHRR). 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 623-3 (Evaluation Report System), prescribes the policy for completing evaluation reports and associated support forms that are the basis for the Army's Evaluation Reporting System. a. Paragraph 2-5 (Rules for Designating a Rater) states the rater will be the supervisor of the rated officer for a minimum period of 90 calendar days. b. Paragraph 2-7 (Rules for Designating a Senior Rater) states the senior rater will be the immediate supervisor of the rater and a supervisor above all other rating officials in the rated officer's chain of command. To render a written OER, the senior rater must have been designated as the rated officer's senior rater for a minimum period of 60 calendar days. c. Paragraph 3-40 (Basic Rules) states the OERs are required if the rated officer has completed at least 90 calendar days in the same position under the same rater during the same rating period. d. Paragraph 4-8 (Timeliness) states substantive appeals will be submitted and received no later than 3 years of an evaluation report "Thru" date. Failure to submit an appeal within this time will require the appellant to submit their appeal to the ABCMR. 3. Department of the Army Pamphlet 623-3 (Evaluation Reporting System), effective 31 March 2014, provided procedural guidance for completing and submitting to Headquarters, Department of the Army evaluation reports and associated support forms that are the basis for the Army's Evaluation Reporting System. Table 2-25 (Codes and Reasons for Nonrated Periods for DA Form 67-10 Series) shows: * Code I – In transit between duty stations, including leave, permissive TDY and TDY * Code Q – Lack of rater qualification * Code S – Student at military or civilian school //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200005093 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1