MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 October 2001                   
	DOCKET NUMBER:   AR2001063105

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That the documents pertaining to her noncommissioned officer evaluation report (NCOER) appeal, for the NCOER dated December 1996 – November 1997, be removed from the restricted fiche of her Official Military Personnel File (OMPF).

APPLICANT STATES:  That the appeal was found to be “unsubstantiated” and filed as part of her restricted fiche.  This gives the appearance that there were disciplinary actions taken against her.  There is nothing in Army Regulation    623-205 that states that appeals and supporting documentation will be permanently maintained in a soldier’s restricted fiche.  As supporting evidence she provides: the Enlisted Special Review Board’s (ESRB’s) decision that the evidence did not justify altering or withdrawing the NCOER for the period December 1996 – November 1997; the U. S. Army Enlisted Records and Evaluation Center’s memorandum dated 18 July 2000 informing her that a copy of that memorandum and the appeal correspondence would be entered on the restricted portion of her OMPF; and an extract from Army Regulation 623-205.

EVIDENCE OF RECORD:  The applicant's military records are not available.  Information contained herein was obtained from alternate sources.

The applicant, a Staff Sergeant, E-6, received an NCOER for the period December 1996 – November 1997.  She appealed the NCOER.  On 30 June 2000, the ESRB disapproved her appeal.  The appeal correspondence was filed on her restricted fiche.

Army Regulation 600-8-104 prescribes the policies for the Military Personnel Information Management/Records Program of the military personnel system.
In pertinent part it describes the composition of the OMPF and further states that NCOERs will be filed on the soldier’s performance fiche with any authorized enclosures.  It also states that the document that announces the decision that denies or partially denies an evaluation report appeal will be filed on the performance fiche.  Allied documents in an evaluation report appeal will be filed on the restricted fiche when a memorandum for record is filed on the performance fiche.  Once placed in the OMPF (whether on the performance, service, or restricted fiche), a document becomes a permanent part of that file.  The document will not be removed from a fiche or moved to another part of the fiche unless directed by certain agencies, including this Board.  The restricted fiche is used for historical data that may normally be improper for viewing by selection boards or career managers.  The release of information on this fiche is controlled.

Army Regulation 623-205 prescribes the noncommissioned officer evaluation function of the military personnel system.  Paragraph 4-5 states that the appeal reviewing agency notifies each appellant by letter of the decision on his or her appeal.  When an appeal is denied, a copy of the letter of notification is filed in the performance data section of the OMPF performance fiche.  The appeal correspondence that resulted in a denied or a partially approved appeal will be placed on the OMPF restricted fiche.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  In accordance with Army Regulation 600-8-104, all documents filed on the OMPF are filed permanently.  The NCOER appeal correspondence is properly filed on the applicant’s restricted fiche.  It would be inequitable to remove this correspondence as all other individuals who submit NCOER appeals which are subsequently denied also have the appeal correspondence filed on their restricted fiche.  

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rjw___  __kan___  __reb___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001062105	
SUFFIX		
RECON		
DATE BOARDED	20011025	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	134.00	
2.		
3.		
4.		
5.		
6.