AR20160004584

BOARD DATE: 24 May 2016

DOCKET NUMBER: AR20160004584

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

__x______ ___x_____ _x___ DENY APPLICATION

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

BOARD DATE: 24 May 2016

DOCKET NUMBER: AR20160004584

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.

___________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: 24 May 2016

DOCKET NUMBER: AR20160004584

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 DAForm2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period 22February 2011 through 16June 2011 from her Official Military Personnel File (OMPF).

2. The applicant states:

a. She would like the NCOER removed from her military records because parts of the NCOER are a complete fabrication of her work ethics and character.

b. She thinks a waiver should be granted for her to continue serving in the Army because she tried to appeal the NCOER numerous times. Each time she spoke to legal personnel about her appeal, they could not finish the action and she was passed off to another individual who might be able to help her. After 3years, she just didn’t pursue the appeal.

c. She figured she had made it through the Qualitative Management Program (QMP) process because she had completed 15years of service. She was looking forward to bettering her career and then she was notified of QMP selection. She almost threw in the towel, but the fighting spirit in her wouldn’t let her give up on military service, her country, her family, and herself. She had to fight to see what else she could offer the Army and to see what else the Army had to offer her before she retired from this great force.

3. The applicant provides an evaluation appeal, dated 13January 2016.
CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Regular Army on 1September 1998 and has remained on active duty through continuous reenlistments. She was promoted to staffsergeant effective 1February 2008.

2. She provided a copy of her NCOER covering the period 1December 2009 through 30November 2010 showing she was rated “Fully Capable” by her raters for overall potential for promotion and/or service in positions of greater responsibility.

3. The contested change-of-rater NCOER covers the period 22February 2011 through 16June 2011.

a. In PartIVa (Army Values), the rater placed an “X” in the “NO” block for Duty and entered the following bullet comments:

* often fails to be at assigned place of duty
* committed to upholding her allegiance to the Army
* always displays a positive attitude

b. In PartIV (Values/NCO Responsibilities), she was rated as “Needs Improvement (Some)” for Leadership by her rater with the following bullet comments:

* failed to attend meetings and received verbal reprimands from the First Sergeant and Operations Sergeant Major
* did not take initiative to complete assigned or implied tasks; passed the blame for deficiencies
* ensured her NCO and two Soldiers met deployment standards and were technically and mentally ready

c. In PartIV, she was rated as “Needs Improvement (Some)” for Responsibility and Accountability by her rater with the following bullet comments:

* did not have visibility of a sensitive item on the commander’s property book; brought up issue to the chain of command two months later
* did not ensure all UME (unit managed equipment) lateral transfers were processed and removed off of the commander’s property book
* failed to sub-hand receipt TPE (theater provided equipment) equipment within the commander’s timeline in theatre

d. In PartVa (Overall Potential for Promotion and/or Service in Positions of Greater Responsibility), she was rated “Marginal” by her rater.

e. In PartVc (Overall Performance), she was rated “Fair-4” by her senior rater.

f. In PartVd (Overall Potential for Promotion and/or Service in Positions of Greater Responsibility), she was rated “Fair-4” by her senior rater with the following bullet comments in PartVe (Senior Rater Bullet Comments):

* do not promote at this time
* failed to maintain visibility of property to include sensitive items
* did not exhibit the leadership qualities of an NCO of her pay grade

4. She provided an NCOER covering the period 17June 2011 through 16June 2012 showing she was rated “Fully Capable” by her rater for overall potential for promotion and/or service in positions of greater responsibility.

5. She also provided an NCOER covering the period 17June 2012 through 16June 2013 showing she was rated “Among the Best” by her rater for overall potential for promotion and/or service in positions of greater responsibility.

6. There is no evidence she appealed the contested NCOER to the Army Special Review Board within the allowable 3-year period.

7. A review of the applicant’s performance folder of her OMPF in the interactive Personnel Electronic Records Management System revealed a copy of the contested NCOER.

8. She provided an evaluation appeal, dated 13January 2016, which states:

a. She is aware that a Department of the Army imposed bar to reenlistment under the QMP had been initiated against her.

b. She is appealing this evaluation because it was written by her senior rater and not her rater. She arrived at Delta Forward Support Company, 4thSquadron, 9thCavalry Regiment, in Iraq on 22February 2011. Her initial counseling was given to her on 17April 2011 and she did not receive any valid counseling after the initial one. False dates for counseling were added to her NCOER, but she contested those dates so her senior rater had to remove the dates from her NCOER. She was relieved of her duties as supply sergeant due to no error of her own on 6June 2011. This was 7days after her senior rater arrived in theater.

c. Her NCOER for that rating period went from a relief-for-cause report to a change-of-rater report due to a lack of supporting evidence or documents. This NCOER took 4months to complete due to contradicting statements in the NCO responsibilities section. This NCOER was rewritten and changed 11times before it was finally ready for her to sign. She initially refused to sign the report. She was advised by the first sergeant that she could not appeal the report if she did not sign it. So under his guidance, she signed the report.

d. She would like the NCOER removed from her OMPF due to the fact it is fraudulent in nature. The Army Values, especially Integrity, were not considered in this evaluation report. She would have liked to become a warrant officer, but that part of her career may not be attainable. She would like the opportunity to at least obtain the rank of sergeant first class to further train and pass on her knowledge and guidance to other Soldiers.

e. She thinks a waiver should be granted because she tried to appeal the NCOER numerous times.

9. Her evaluation appeal included 21enclosures outlined on page2 of her appeal. The enclosures included, in part:

a. A memorandum of support from her troop commander, dated 14January 2016, attests he has worked with the applicant from June 2014 to January 2016.
He has personally witnessed the significant contributions the applicant brings to any unit assigned. She is a problem solver and uses her vast knowledge in supply management to ensure strict compliance to the company-level command supply discipline program. She is a tremendous asset to the Army. Her ability to coach, teach, mentor, and lead Soldiers is exactly what all officers, NCOs, and Soldiers expect from a high performing NCO. She has the potential to remain in the Army as is evident with her work ethic and ability to progress personally and professionally. The QMP should not be imposed against her because the Army will be losing a valuable asset in the supply and logistics field.

b. A memorandum of support from her NCO in charge, dated 14January 2015, contends he worked with and around the applicant from April 2010 to June 2012. They met when they were deployed to Iraq in May 2011. She was the senior supply sergeant in the squadron and she accomplished all tasks prior to arrival of the squadron and was a key asset to the advance party team and the squadron during this deployment. She is very knowledgeable and a professional NCO whom he would work with again. She is a key asset to the Army and has several years of notable service remaining. This was an isolated NCOER and her performance after the fact has been solid.

c. A sworn statement from a firstlieutenant, dated 31July 2013, attests the applicant has been an excellent performer since she has been his supply sergeant. She sets a great example and leadership as the headquarters platoon sergeant mentoring and managing two young Soldiers.

d. A sworn statement from a sergeant, dated 31July 2013, states he has worked with the applicant since the deployment in May 2011. She has been an excellent supply sergeant.

e. A sworn statement from a sergeant, dated 4September 2013, attests that he met the applicant in April 2011. She made a positive impact in the company. She was always helpful and courteous. She was a tremendous asset to the section.

10. She included three copies of incomplete NCOERs for the period 22February 2011 through 16June 2011, two copies of incomplete NCOERs for the period 22February 2011 through 31August 2011, and four copies of incomplete NCOERs for the period 15March 2011 through 30June 2011.

REFERENCES:

1. Army Regulation600-8-104 (Army Military Human Resource Records Management) prescribes the policies governing the OMPF. AppendixB (Documents Authorized for Filing in the Army Military Human Resource Record and/or Interactive Personnel Electronic Records Management System), states NCOER’s will be filed in the performance and service folders of the OMPF.

2. Army Regulation623-3 (Evaluation Reporting System) states an evaluation report accepted for inclusion in the official record of a rated Soldier’s OMPF is presumed to be administratively correct, to have been prepared by the proper rating officials, and to represent the considered opinion and objective judgment of the rating officials at the time of preparation. The regulation also states the burden of proof rests with the applicant. Accordingly, to justify deletion or amendment of a report, the applicant will produce evidence that establishes clearly and convincingly that: (1)the presumption of regularity will not be applied to the report under consideration and (2)action is warranted to correct a material error, inaccuracy, or injustice.

DISCUSSION:

1. Army Regulation623-3 states that to justify deletion or amendment of a report, the applicant must produce evidence that establishes clearly and convincingly that:

* the presumption of regularity will not be applied to the report under consideration
* action is warranted to correct a material error, inaccuracy, or injustice

2. The applicant’s contentions and her letters of support were carefully considered. However, there is no evidence of record and the applicant provided no evidence showing the information contained in the NCOER covering the period 22February 2011 through 16June 2011 does not represent the considered opinion and objective judgment of the rating officials at the time of preparation.

3. Army Regulation600-8-104 states NCOERs will be filed in the performance folder of the OMPF. The NCOER in question is properly filed in her military records in accordance with the governing regulation.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160004584

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160004584

6

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2