| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Ms. Karol A. Kennedy | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: In effect, that her records appear before a special selection board for the Fiscal Year 2000 and 2001 Sergeant First Class (SFC) (E-7) Promotion Selection Boards.
APPLICANT STATES: That the decision for non-selection could have been affected by an unjust NCOER (Noncommissioned Officer Evaluation Report) that was part of her record and had been successfully appealed. She provides a copy of the NCOER and all allied correspondence.
EVIDENCE OF RECORD: The applicant's available military records show:
On 6 May 1998, while serving on an Active Duty Special Work (ADSW) tour of duty, an NCOER was prepared for the period November 1997 to March1998. This NCOER contained the following bullet comment in Part IV, Values/NCO Responsibilities, block a “Questionable loyalty; accepted other AD tour after notification of current tour extension.” In Part V, Overall Performance and Potential, block e, the bullet comment “Questionable loyalty; without supervisor’s knowledge, arranged for different ADSW tour.”
On 6 May 1998, she requested a Commander’s Inquiry.
On 24 September 1998, a Commander’s Inquiry concluded that the bullet comments were harmful and inappropriate and constituted an injustice against the applicant. The commander directed this inquiry be forwarded with the NCOER.
Effective 1 February 1999, she was conditionally promoted to SFC. She was required to successfully complete the Advanced Noncommissioned Officer Course (ANCOC) or she would be administratively reduced to her former grade of staff sergeant (SSG) (E-6).
An Academic Report for the period 10 to 23 July 1999 shows she was an academic failure in the RC3-ANCOC Phase I Class 005-99 in the area of leadership.
On 25 July 1999, she was administratively reduced to SSG based on her failure to satisfy the conditions of her promotion to SFC, i.e. failure to successfully complete ANCOC.
On 1 May 2001, the Deputy Chief of Staff for Personnel, Army Reserve Personnel Command (AR-PERSCOM) Special Review Board determined that the evidence submitted justified modification of the NCOER in question; however, promotion reconsideration was not warranted. A corrected copy of her NCOER was placed in her records at this time.
On 11 July 2001, the Chief, Office of Promotions, Reserve Components, PERSCOM opined that the modification to the NCOER in question did not warrant favorable consideration for a Standby Advisory Board. Further, this NCOER alone would not have caused her non-selection for promotion since the modified report on average is equivalent to several of her NCOERs. She was considered but not selected for promotion by the 2000 or 2001 promotion boards. Her records were complete and without material error.
On 27 August 2001, a copy of the PERSCOM opinion was provided for her acknowledgement/rebuttal. She did not respond.
Army Regulation 600-8-19 (Enlisted Promotions and Reductions) indicates, at paragraph 1-27 (NCOES requirement for promotion and conditional promotion), b (NCOES requirements for promotion. Soldier must be – (3) ANCOC graduate for promotion to SFC. Paragraph 4-14 (Rules for processing Standby Advisory Board consideration), c. Error is considered material when there is a reasonable chance that had the error not existed, the soldier may have been selected.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. The applicant is not entitled to have her records appear before a special selection board for the Fiscal Year 2000 and 2001 Sergeant First Class (SFC) (E-7) Promotion Selection Boards. She has not shown error or injustice for the relief she is now requesting.
2. Since the commander directed the NCOER and the Commander’s Inquiry be forwarded on 24 September 1998, it is presumed this document was in her records at the time of promotion to SFC on 1 February 1999. Error is considered material when there is a reasonable chance that had the error not existed, the soldier may have been selected. Since she was previously selected and promoted with the original NCOER, it is reasonable to conclude that she could be selected with the same NCOER.
3. She has not shown she was not properly considered for promotion by the 2000 and 2001 promotion boards. Her records were complete and without material error when reviewed by the boards.
4. The Board also notes the applicant previously failed to meet the conditions of promotion to SFC by being an academic failure at the ANCOC, a prerequisite for promotion to SFC.
5. 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 this requirement.
6. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_mkp___ _kak___ _rtd____ DENY APPLICATION
| CASE ID | AR2001057668 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011002 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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