BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20160010818 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: 30 August 2016 DOCKET NUMBER: AR20160010818 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 removing from her official military personnel file (OMPF) the DA Form 67-9 for the period 19 January 2013 through 2 April 2013 that is filed in the performance folder of her OMPF, including copies of the DA Form 67-9 that may be filed in other sections of her Army Military Human Resource Record and any other military personnel records. 2. To ensure this decision results in no unintended harm to the individual concerned, this Record of Proceedings and all documents related to this appeal will be returned to this Board for permanent filing. The Record of Proceedings and associated documents will not be filed in the individual's OMPF or any other folder/section of the Army Military Human Resource Record. ____________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: 30 August 2016 DOCKET NUMBER: AR20160010818 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 removal of a DA Form 67-9 (Officer Evaluation Report (OER)) for the rating period 19 January 2013 through 2 April 2013 (hereinafter referred to as the contested OER) from her official military personnel file (OMPF). 2. The applicant states she was not eligible to receive a "60 Day Option" report. At the time the report was rendered, she was stationed at Fort Riley, KS, as a Support Operations Officer. 3. The applicant provides the contested OER, a self-authored statement, and a DA Form 4037 (Officer Record Brief). CONSIDERATION OF EVIDENCE: 1. The applicant executed an oath of office on 18 May 2003 and was ordered to active duty effective 21 October 2003. She is currently serving on active duty in the rank of major. 2. A review of her OMPF in the interactive Personnel Electronic Records Management System (iPERMS) revealed a DA Form 67-9, a "60 Day Option" report, covering the period 19 January 2013 through 2 April 2013. It shows she was serving in the grade of captain in the principal duty of Commander and assigned to Combat Aviation Brigade, 1st Infantry Division, Fort Riley, KS. 3. There is no evidence that she submitted an appeal for transfer, removal, or correction of the contested OER from her OMPF to the Army Special Review Board through the U.S. Army HRC within 3 years of the evaluation report "THRU" date. REFERENCES: Army Regulation 623-3 (Evaluation Reporting System) prescribes the policy for completing evaluation reports that are the basis for the Army's Evaluation Reporting System. The version of the regulation with an effective date of 5 June 2012, shows in Chapter 3 (Army Evaluation Principles), section X (Optional Reports), paragraph 3-58 ("60-Day Option" report) may be rendered when the rated Soldier will be serving in an overseas designated short tour for a period of 14 months or less. DISCUSSION: 1. The contested OER is filed in the performance folder of the applicant's OMPF. 2. Army Regulation 623-3 provides that a "60-Day Option" report may be rendered when the rated Soldier will be serving in an overseas designated short tour for a period of 14 months or less. The applicant was stationed at Fort Riley, KS, when the contested OER was rendered. 3. As the applicant was not serving overseas at the time the contested OER was rendered, it does not meet the regulatory criteria for preparation and then submission into the OMPF. As such, the contested OER was erroneously prepared and filed in her OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010818 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010818 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2