ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 15 August 2019 DOCKET NUMBER: AR20180015266 APPLICANT REQUESTS: * removal of two DA Forms 2166-6 (Noncommissioned Officer Evaluation Report (NCOER)) covering the periods 1 March 2006 through 28 February 2007 and 1 March 2007 through 29 February 2008 from her Army Military Human Resource Record (AMHRR) in the Interactive Personnel Electronic Records Management System (iPERMS) * addition of two NCOERs covering the periods 1 March 2006 through 12 November 2006 and 1 December 2006 through 30 September 2007 to her AMHRR that were completed by the appropriate rating chain * addition of an NCOER covering the period 1 October 2007 through 30 September 2008 to her AMHRR that was rejected by the U.S. Army Human Resources Command (HRC) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * three DA Forms 2166-8 covering the periods 1 March 2006 through 12 November 2006, 1 December 2006 through 30 September 2007, and 1 October 2007 through 30 September 2008 * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) covering the active duty periods 13 October 2005 through 16 January 2007 and 15 January 2008 through 9 March 2009 * Memorandum, 444th Human Resources Company Postal, Pittsburgh, PA, dated 9 August 2009, subject: Replacement of NCOER * Memorandum, 444th Human Resources Company Postal, Pittsburgh, PA, dated 9 August 2009, subject: NCOER Appeal * Memorandum, 444th Human Resources Company Postal, Pittsburgh, PA, dated 14 February 2011, subject: NCOER Appeal * Memorandum, 1st Battalion (Engineer), 80th Regiment, Kingwood, WV, dated 30 March 2018, subject: NCOER Appeal * Memorandum, HRC, Fort Knox, KY, dated 25 September 2018, subject: Evaluation Report Appeal (1 March 2006 through 28 February 2007) FACTS: 1. The applicant states: * the contested NCOERs were completed by her home station unit rating chain * she did not serve under that rating chain during those rating periods * the contested NCOERs were submitted to HRC without her signatures * the NCOERs for the periods 1 March 2006 through 28 February 2007 and 1 March 2007 through 29 February 2008 should be removed from her AMHRR * the enclosed NCOER for the period 1 March 2006 through 12 November 2006 was completed by her mobilization rating chain while deployed to Kuwait/Africa and should be added to her AMHRR * the enclosed NCOER for the period 1 December 2006 through 30 September 2007 was completed by the appropriate rating chain and should be added to her AMHRR * the enclosed NCOER for the period 1 October 2007 through 30 September 2008 was completed by her rating chain while deployed to Iraq and was rejected by HRC * the NCOER for the period 1 October 2007 through 30 September 2008 should be added to her AMHRR * the enclosed DD Forms 214 are supporting documentation showing she was deployed during the periods the erroneous NCOERs were submitted * due to the submission of the erroneous NCOERs, her NCOER for the period 1 October 2007 through 30 September 2008 was rejected by HRC because of date mismatches and the NCOER was not added to her AMHRR * the NCOERs she received during multiple deployments show what she truly accomplished during those rating periods * she feels that not having the correct NCOERs filed in her AMHRR is preventing her promotion to master sergeant/E-8 2. Her AMHRR in iPERMS contains a change-of-rater NCOER covering the period November 2004 through August 2005 showing she was a member of a U.S. Army Reserve (USAR) troop program unit (TPU) assigned to the 335th Replacement Battalion, Butler, PA, as an administrative sergeant in the rank/grade of sergeant/E-5. 3. Her AMHRR in iPERMS contains mobilization orders showing she was ordered to active duty as a member of her Reserve Component unit in support of Operation Iraqi Freedom with a reporting date of 13 October 2005. Her unit of assignment is shown as 5th Postal Platoon, 23rd Adjutant General Company, Oakdale, PA. 4. At the time of the contested NCOER covering the period 1 March 2006 through 28 February 2007, she was a mobilized USAR Soldier assigned to the 5th Postal Platoon, 23rd Adjutant General Company, deployed to Kuwait/Djibouti in support of Operation Iraqi Freedom. 5. She was released from active duty on 16 January 2007. Her DD Form 214 for this period shows: * her last duty assignment and major command as 5th Postal Platoon, 23rd Adjutant General Company * command to which transferred as 5th Postal Platoon, 23rd Adjutant General Company * she served in Kuwait/Djibouti from 20 December 2005 through 16 December 2006 6. Her AMHRR in iPERMS contains an NCOER covering the period 1 March 2006 through 28 February 2007 completed by her USAR home station rating chain, Detachment 1, 444th Personnel Services Battalion, Pittsburgh, PA. The NCOER shows: * her status code as TPU * the rater and senior rater signed the NCOER on 12 March 2008 * the reviewer signed the NCOER on 26 March 2008 * she did not sign the NCOER * the senior rater commented "rated soldier unavailable for signature" * there were no derogatory comments * there no comments pertaining to her deployment to Kuwait/Djibouti * the senior rater rated her overall potential for promotion and/or service in positions of greater responsibility as "Among the Best," her overall performance as "Successful/1," and her overall potential as "Superior/1" 7. Her AMHRR in iPERMS contains reassignment orders from the 1st Platoon Postal, 23rd Adjutant General Company, to Detachment 1, 444th Adjutant General Battalion, effective 15 September 2007. 8. On 15 January 2008, she was ordered to active duty as a member of her Reserve Component unit, the 3rd Platoon (Postal), 444th Adjutant General Company, for mobilization in support of Operation Iraqi Freedom. 9. Her AMHRR in iPERMS contains an NCOER covering the period 1 March 2007 through 29 February 2008 completed by her USAR home station rating chain, Detachment 1, 444th Personnel Services Battalion, Pittsburgh, PA. The NCOER shows: * her status code as TPU * the same rater and the same senior rater signed the NCOER on 12 March 2008 * the same reviewer signed the NCOER on 26 March 2008 * she did not sign the NCOER * the senior rater commented "soldier is unavailable for signature" * there were no derogatory comments * the senior rater rated her overall potential for promotion and/or service in positions of greater responsibility as "Among the Best," her overall performance as "Successful/1," and her overall potential as "Superior/1" 10. She was released from active duty on 9 March 2009. Her DD Form 214 for this period shows: * her last duty assignment and major command as 3rd Platoon (Postal), 444th Adjutant General Company * command to which transferred as 3rd Platoon (Postal), 444th Adjutant General Company * she served in Iraq from 19 March 2008 through 5 January 2009 11. Her AMHRR in iPERMS contains an NCOER covering the period 1 October 2008 through 30 April 2009 showing: * her status code as mobilization/TPU * the rater and senior rater signed the NCOER on 18 April 2009 * the reviewer signed the NCOER on 19 April 2009 * she signed the NCOER on 19 April 2009 * the senior rater rated her overall potential for promotion and/or service in positions of greater responsibility as "Among the Best," her overall performance as "Successful/1," and her overall potential as "Superior/1" 12. She provided a memorandum to HRC from her company commander, dated 9 August 2009, wherein her commander stated the NCOER for her period of service in Iraq was delayed, causing an incorrect NCOER to be submitted to HRC. Her iPERMS records contain no evidence of approval or denial by HRC. 13. She appealed to HRC on 14 February 2011, requesting removal of the two contested NCOERs covering the periods 1 March 2006 through 28 February 2007 and 1 March 2007 through 29 February 2008 and replacement with the NCOERs completed by the appropriate rating chain. She also requested addition of her NCOER covering the period 1 October 2007 through 30 September 2008 to her AMHRR that was rejected by HRC. Her iPERMS records contain no evidence of approval or denial by HRC. 14. On 30 March 2018, she again appealed to HRC and also requested a full review of her AMHRR and appropriate corrections. 15. HRC denied her request on 25 September 2018, stating: * the evaluation report she was interested in appealing had a "THRU" date of 28 February 2007 * her appeal was not received within 3 years of the through date * she was instructed to submit an appeal to the ABCMR BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the unsigned NCOERs in the record (1 March 2006 through 28 February 2007 and 1 March 2007 through 29 February 2008), her units of assignment, multiple mobilizations and periods of active duty, the NCOERs that she provided to the Board, and the NCOER that she states was rejected for the period 1 October 2007 through 30 September 2008. The Board considered the statement by Company Commander regarding late submission of an NCOER for her period of service on Iraq. The Board determined that an error had occurred and that the NCOERs provided by the applicant should replace those currently in her AMHRR for the period 1 March 2006 through 30 September 2008. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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: - Removing the DA Forms 2166 for the periods 1 March 2006 through 28 February 2007 and 1 March 2007 through 29 February 2008 from her AMHRR and iPERMS, and; - Replacing them in her AMHRR and iPERMS with the DA Forms 2166 for the periods 1 March 2006 through 12 November 2006, 1 December 2006 through 31 September 2007, and 1 October 2007 through 30 September 2008 as provided by the applicant. 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. ADMINISTRATIVE NOTE(S): not applicable. ? REFERENCES: 1. Army Regulation 623-3 (Evaluation Reporting System) prescribes the policies and tasks for the Army's Evaluation Reporting System, including officer, NCO, and academic evaluation reports focused on the assessment of performance and potential. a. Paragraph 3-36 (Modifications to Previously Submitted Evaluation Reports) addresses requests for modifications to both completed evaluation reports that are filed in a Soldier's AMHRR. Requests for modifications to evaluation reports already posted to a Soldier's AMHRR require use of the Evaluation Report Redress Program. b. Paragraph 3-39 (Mandatory Evaluation Reports) states that during periods of mobilization, USAR Soldiers will follow Regular Army rules for evaluation reports. When an entire unit is mobilized and rating officials remain intact, an evaluation report is not required at the time of mobilization unless otherwise required under this chapter (for example, "change of rater" or "change of duty"). Individual Soldiers who are mobilized will receive an evaluation report in accordance with the provisions of this chapter if minimum rater qualifications are met. c. Paragraph 4-7 states an evaluation report accepted inclusion in the official record of a rated Soldier's AMHRR is presumed to be administratively correct, to have been prepared by the proper rating officials, and represent the considered opinions and objective judgment of the rating officials at the time of preparation. d. Paragraph 4-7(f) states an appeal will be supported by substantiated evidence. An appeal that alleges an evaluation report is incorrect, inaccurate, or unjust without usable supporting evidence will not be considered. e. Paragraph 4-11 states the burden of proof in the appeal process rests with the appellant. Clear and convincing evidence will be of a strong and compelling nature, not merely proof of the possibility of administrative error or factual inaccuracy. For a claim of inaccuracy or injustice of a substantive type, evidence will include statements from third parties, rating officials, or other documents from official sources. f. Paragraph 4-13 advises that appeals based on substantive inaccuracy must include the basis for the belief that the rating officials were not objective or had an erroneous perception of the performance. A personality conflict between the appellant and a rating official does not constitute grounds for a favorable appeal; it must be shown conclusively that the conflict resulted in an inaccurate or unjust evaluation. 2. Department of the Army Pamphlet 623-3 (Evaluation Reporting System) prescribes the policies and tasks for the Army's Evaluation Reporting System, including officer, NCO, and academic evaluation reports focused on the assessment of performance and potential. Headquarters, Department of the Army (HQDA), review of NCOERs may identify errors within the content of a NCOER. Such NCOERs will be indicated as "REJECTED" in the Evaluation Entry System. NCOERs with following errors will be rejected as invalid: * senior rater does not meet the minimum grade/rank requirements * rating period does not meet minimum time requirements to render an NCOER * period covered overlaps the dates of a previously submitted NCOER already in the NCO's AMHRR and fails to meet minimum rating requirements once the "FROM" date is corrected * receipt date at HQDA is prior to the "THRU" date on the NCOER * "Complete the Record" NCOERs not received in a timely manner in accordance with the MILPER message announcing an HQDA-level selection board * "Complete the Record" or promotion NCOER for an NCO who is ineligible for a specific selection board * NCOERs from a previous system that is now obsolete * Subsequent NCOERs are submitted or received with the same "FROM" and "THRU" dates ABCMR Record of Proceedings (cont) AR20180015266 2 1