AR20160004414

BOARD DATE: 12 May 2016

DOCKET NUMBER: AR20160004414

BOARD VOTE:

___x______ ___x____ ___x__ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

BOARD DATE: 12 May 2016

DOCKET NUMBER: AR20160004414

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 his noncommissioned officer evaluation report (NCOER) for the period ending 30 September 2012 currently in his record and replacing it with the NCOER he provided that shows he passed the Army Physical Fitness Test.

____________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: 12 May 2016

DOCKET NUMBER: AR20160004414

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, in effect, that his DA Form 2166-8 (Noncommissioned Officer Evaluation Report) (NCOER) covering the period 1 November 2011 through 30 September 2012 (hereafter referred to as the contested NCOER) that shows he failed his Army Physical Fitness Test (APFT) be removed from his record.

2. The applicant states, in effect that:

a. His 30 September 2012 NCOER states FAIL regarding his APFT.

b. His NCOER was disputed at the time. It was uploaded because his
APFT was actually a PASS.

b. He was told when he signed his NCOER that he was only acknowledging that his administrative data was correct.

c. When his NCOER was finally corrected with the APFT score of PASS, he was told that it would be uploaded into the Interactive Personnel Electronic Records System (iPERMS); however, it was never done.

d. He continued to follow up to ensure his correct APFT score was correctly entered in his NCOER and entered into iPERMS, but then he was told that too much time had passed and it would fall off his record.

e. He recently transferred and he is now being told that due to his APFT score of FAIL in his 2012 NCOER will be reviewed under the Qualitative Management Program (QMP).

3. The applicant provides:

a letter from his senior rater dated 12 January 2016
a copy of a corrected NCOER for the period ending
30 September 2012
DA Form 705 (APFT Scorecard)

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. The applicant is serving in the rank/grade of staff sergeant (SSG)/E-6 in the Regular Army as an 11B (Infantryman).

3. On 1 November 2011, the applicant was assigned to B Troop, 1st Squadron, 3rd Cavalry Regiment, Fort Hood, TX.

4. A DA Form 705 shows on 25 September 2012 the applicant participated in the APFT and received a total point score of 219.

5. A DA Form 2166-8 for the period of 1 November 2011 to 30 September 2012 shows in Part IV (Rater), section C (Physical Fitness and Military Bearing), he received a APFT score of FAIL and the statement failed to meet APFT standards for the two mile run with a total score of 167.

6. The applicant submitted a letter from his senior rater at the time, who stated the NCOER was corrected to reflect that the NCO passed his APFT on 25 September 2012. The NCOER was corrected and re-signed but had not processed to his official records.

7. The applicant provided a copy of the corrected NCOER for the period ending on 30 September 2012 showing a score of PASS on the APFT.

REFERENCES:

Army Regulation 623-3 (Evaluation Reporting 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 3-14 states the rater will assess the performance and potential of the rated NCO, using all reasonable means to prepare a fair, correct report that evaluates the NCOs duty performance, values/NCO responsibilities, and potential. The rater will enter the APFT and height and weight result entries on DA Form 21668, Part IVc.

b. Paragraph 315 states the senior raters role is primarily to evaluate potential, watch over the performance evaluation and mentor subordinates, the senior rater will use all reasonable means to become familiar with the rated NCOs performance throughout the rating period, prepare a fair, correct report evaluating the NCOs duty performance, professionalism, and potential.

c. Table 2-4 states for part IV, section C, in the spaces after APFT, the rater will enter “PASS” or “FAIL” and the date (YYYYMMDD) of the most recent record APFT administered by the unit within the 12-month period prior to the “THRU” date of the NCOER.

d. Requires the applicant to overcome the presumption of administrative correctness by offering clear and convincing evidence of a material error or inaccuracy.

DISCUSSION:

1. The applicant requests the removal of his NCOER for the period ending on
30 September 2012 due to an error stating that he received a APFT score of FAIL. His contentions and evidence were carefully considered and they support granting relief.

2. For removal or alteration of an NCOER, Army Regulation 623-3 requires the applicant to overcome the presumption of administrative correctness by offering clear and convincing evidence of a material error or inaccuracy. The basis for removing the NCOER for the period ending on 30 September 2012 is the fact that the applicant passed the APFT. Furthermore, the applicants senior rater concurred that he passed his APFT for the period in question. The senior rater believed that the accurate version of the NCOER would be placed in the applicants official military personnel file.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160004414

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160004414

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2