IN THE CASE OF:	  

		BOARD DATE:	        6 January 2009

		DOCKET NUMBER:  AR20080018076 


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 Noncommissioned Officer Evaluation Report (NCOER) for the period 1 April 2006 through 31 March 2007 be removed from his OMPF (Official Military Personnel File).

2.  The applicant states, in effect, the report was rendered while he was a member of the United States Army Reserve and that he has now returned to active duty.

3.  The applicant provides a copy of the NCOER in question.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant served an initial period of active duty between 31 August 2000 and 30 April 2006.  When he was released from active duty in April 2006 he was transferred to the 339th Infantry Regiment, a United States Army Reserve TPU (Troop Program Unit).  

2.  In March 2007 the applicant received an annual NCOER as an assistant instructor with the 339th Infantry Regiment.  The NCOER is filed in the performance section of his OMPF.




3.  On 7 September 2007 the applicant enlisted in the Regular Army for a period of 3 years.  On 8 September 2008 he executed a 6-year Regular Army reenlistment contract.  He is currently serving in the Regular Army in pay grade E-6.

4.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records), which establishes the policies and procedures for the initiation and maintenance of the OMPF, states that once started the OMPF will be continued in use.  It will be continued even if the Soldier changes grade, changes Army Components, or enlists or reenlists within 24 hours after discharge.  It states that OMPFs will be transferred between custodians when a member changes Army components.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant changed components, his OMPF, once established remains in effect.  As provided for in Army Regulation 600-8-104, the NCOER rendered while the applicant was a member of the United States Army Reserve remains part of his OMPF.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ____x____  ____x____  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ______xxx________________
               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.

ABCMR Record of Proceedings (cont)                                         AR20080018076



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ABCMR Record of Proceedings (cont)                                         AR20080018076



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