IN THE CASE OF:	  

		BOARD DATE:  20 February 2014

		DOCKET NUMBER:  AR20140001244 


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 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) for the period October 1997 to February 1998 (hereafter referred to as the contested NCOER) from his Army Military Human Resource Record (AMHRR).

2.  The applicant states in September 1997, he received promotion orders to the rank of sergeant; however, due to an error in his promotion points, it was subsequently discovered he was erroneously promoted.  In February 1999, he was correctly promoted to the rank of sergeant (SGT).  Since he was not rated as a SGT until February 1999, he would like the evaluation removed to ensure his records are accurate.

3.  The applicant provides:

* DA Form 2166-7
* Orders 026-617
* Enlisted Record Brief

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a staff sergeant serving in the Regular Army.

2.  The applicant's AMHRR contains a DA Form 1059 (Service School Academic Evaluation Report), dated 3 October 1997, that shows he successfully completed the Primary Leadership Development Course while in the rank of specialist.
3.  The applicant's record does not contain a copy of orders promoting him to the rank of SGT in October 1997.  

4.  The applicant's record contains the following documents which show his rank as SGT:

   a.  A Request for Reenlistment or Extension in the Regular Army, dated       24 October 1997;

   b.  DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 26 November 1997;
   
   c.  DA Form 4187 (Personnel Action), dated 6 February 1998;
   
   d.  DA Form 4980-14 (Army Commendation Certificate), dated 4 March 1998; and
   
   e.  A Special Course for Safety Management (Basic) Diploma, dated            22 January 1999. 

5.  The applicant provides:

   a.  Orders 026-617, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, KY, dated 26 January 1999, promoting him to the rank of SGT effective 1 February 1999.

   b.  The contested NCOER that lists his date of rank (DOR) as 3 October 1997.

   c.  An Enlisted Record Brief that shows his date of rank to SGT as 1 February 1999.

6.   Army Regulation 600-8-104 (Military Personnel Information Management/Records) provides, in pertinent part, that once a document is placed in the official military personnel file, it becomes a permanent part of that file.  The document will not be removed from the fiche or moved to another part of the fiche unless directed by The Army Board for Correction of Military Records (ABCMR). 

7.  Army Regulation 15-185 (ABCMR), paragraph 2-5 states, "The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence."
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the contested NCOER should be removed from his AMHRR has been carefully examined.

2.  The complete facts and circumstances of the applicant's promotion history are not available for review; however, evidence exists which indicates the applicant was promoted on 3 October 1997, as evidenced by the DOR listed on the contested NCOER and the numerous documents contained in his AMHRR which list his rank as SGT throughout the period October 1997 through January 1999.

3.  In view of the foregoing, there is insufficient evidence to support the requested relief.

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.




      _______ _  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.



ABCMR Record of Proceedings (cont)                                         AR20140001244





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ABCMR Record of Proceedings (cont)                                         AR20140001244



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