IN THE CASE OF: BOARD DATE: 12 June 2018 DOCKET NUMBER: AR20180003356 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 June 2018 DOCKET NUMBER: AR20180003356 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 the DA Form 1059 (Service School Academic Evaluation Report (AER)) dated 17 December 2012 from his record * removal/correction of the DA Form 2166-8 Noncommission Officer Evaluation Report (NCOER)) covering the period 1 April 2012 thru 31 March 2013 (hereafter referred to as the contested NCOER) 2. The applicant states his referred AER should have been replaced by the DA Form 1059 (AER) from the same service school completed on 21 November 2013. Both AERs should not exist because one supersedes the other. The contested NCOER reflects the Army Physical Fitness Test (APFT) event held at the service school listed on the referred AER. In accordance with Department of the Army (DA) Pamphlet (PAM) 623-3 (Evaluation Reporting System), the APFT should be the most recent record APFT administered by the unit within the 12- month period, not the service school. 3. The applicant provides copies of six AERs and six NCOERs. CONSIDERATION OF EVIDENCE: 1. The applicant is serving in the rank/grade of staff sergeant (SSG)/E-6 in the Regular Army in military occupational specialty 25N (Nodal Network Systems Operator-Maintainer). 2. His military records in the interactive Personnel Electronic Records Management System (iPERMS) contain a referred AER, dated 17 December 2012, indicating he failed the APFT on 15 December 2012, thus failing to achieve course standards while attending the Warrior Leader Course (WLC). The applicant signed the form and elected not to submit comments. 3. His record contains an AER dated 21 November 2013 showing he achieved course standards for WLC. 4. The applicant’s record also contains an NCOER covering the period 1 April 2012 thru 31 March 2013 showing he failed the APFT on 15 December 2012. 5. A review of the applicant’s military personnel file failed to reveal any indication that he contested or appealed the referred AER or contested NCOER. REFERENCES: 1. Army Regulation 600-8-104 (Army Military Human Resource Records Management), in effect at the time, prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the Army Military Human Resource Record (AMHRR), which includes the official military personnel file (OMPF). It states: a. The AMHRR Management Program is an essential military personnel information management program responsible for the archiving and storage of data, information, and documents authorized for filing in the AMHRR. Personnel information and documents that comprise the AMHRR are processed into iPERMS for storage and future use. b. Appendix B (Documents Authorized for Filing in the Army Military Human Resource Record and/or iPERMS), Table 2-1, shows that the DA Form 1059 is authorized/required to be filed in the performance and service folder of the OMPF. Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority (including this Board). 2. Army Regulation 623-3 (Evaluation Reporting System) prescribed policies and tasks for the Army's Evaluation Reporting System that included reporting systems for officers and noncommissioned officers and academic performance and potential. a. Paragraph 3-27 (Referred DA Form 1059) lists the types of reports that will be referred to the student by the reviewing official for acknowledgment and comment. The following types of reports will be referred: Any report with a "NO" response; any report with an "Unsatisfactory" rating; any report with a "marginally achieved course standards" response; any report with a "failed to achieve course standards" response; and any report with comments that in the opinion of the reviewing official are so derogatory that the report may have an adverse impact on the student's career. b. Paragraph 3-36 (Modification to previously submitted reports) states an evaluation report accepted by Headquarters, Department of the Army (HQDA), and included in the official record of a rated Soldier is presumed to be administratively correct, to have been prepared by the properly designated rating officials, and to represent the considered opinions and objective judgment of the rating officials at the time of preparation. Requests for modifications to evaluation reports already posted to a Soldier’s AMHRR require use of the Evaluation Report Redress Program (chapter 4 and DA PAM 623-3). Requests that an evaluation report in a Soldier's AMHRR be altered, withdrawn, or replaced with another report will not be honored. Administrative appeals will be considered regardless of the period of the report; decisions will be made based on the regulation in effect at the time reports were rendered. c. Paragraph 4-2 (Information) states an NCOER or DA Form 1059 may have administrative errors or may not accurately record the rated Soldier’s potential or the manner in which he or she performed his or her duties. The Evaluation Report Redress Program protects the Army’s interests and ensures fairness to the evaluated officer or noncommissioned officer. d. Paragraph 4-7 (Policies) states that appeals based on administrative error only will be adjudicated by HQDA, Evaluations Appeals Branch (AHRC–PDV– EA), for Regular Army when necessary. Such claims may include, but are not limited to, deviation from the established rating chain, insufficient period of observation by the rating officials, errors in the evaluation report period, and errors in the APFT and/or height and weight entries. 3. Army Regulation 15-185 (ABCMR) provides the policy and procedures for the Board. Paragraph 2-5 states that the Board will not consider any application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice. DISCUSSION: 1. The applicant's referred AER, dated 17 December 2012, shows he failed to achieve course standards for WLC. There is no evidence that the information on this form is inaccurate. He signed the form and chose not to submit comments. His subsequent successful completion of the course does not, in and of itself, provide a basis for removing the referred AER. 2. There is no evidence that shows he appealed the contested NCOER based on administrative error to the Commander, U.S. Army Human Resources Command, Evaluation Appeals Branch (AHRC-PDV-EA), Fort Knox, KY 40122. As such, his request to this Board is premature. If he submits a request for amendment of the NCOER to the Evaluation Appeals Branch and his request is denied, he may submit a new application to this Board. 3. The purpose of maintaining the AMHRR/OMPF is to protect the interests of both the U.S. Army and the Soldier. In this regard, the AMHRR/OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, evaluation periods, and any corrections to other parts of the AMHRR/OMPF. Once placed in the AMHRR/OMPF, an AER becomes a permanent part of that file and will not be removed from or moved to another part of the AMHRR/OMPF unless directed by an appropriate authority. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180003356 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20180003356 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2