PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 August 2003
         DOCKET NUMBER: AR2003087855


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Harry B. Oberg		Member
Mr. Thomas Lanyi		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests that the Relief for Cause Noncommissioned Officer Evaluation Report (NCOER) for the period January 1997 to May 1997 be removed from his Official Military Personnel File (OMPF).

3. The applicant states that in accordance with Army Regulation 601-1, paragraph 2-11d(2), personnel reporting directly to the recruiting battalion will not be rated between the time of arrival and completion of the requisite recruiting course. He states that paragraph (b) states that new recruiters are not to be rated for 90 days after recruiting course completion. He contends that he did not attend the recruiting course, nor did he meet the time requirement to be rated as stipulated in Army Regulation 601-1. In support of his application, he submitted a memorandum explaining his situation; a Memorandum for Record from the senior rater of the contested NCOER; a copy of the contested NCOER; a copy of Army Regulation 601-1, paragraph 2-11; his Enlisted Record Brief; and his DA Form 2-1 (Personnel Qualification Record).

4. The applicant’s military records show that he enlisted in the Regular Army on 20 April 1988. He completed one station unit training at Fort Benning, Georgia and was awarded military occupational specialty (MOS) 11B (Infantryman). The applicant has continued to serve on active duty through a series of reenlistments.

5. The applicant's DA Form 2-1 shows he served in Hawaii from December 1993 through December 1996 and was assigned to the U.S. Army Recruiting Battalion (USARB) in St. Louis, Missouri in duty MOS 79R (Recruiter) on 3 January 1997. His DA Form 2-1 shows he departed the USARB on 1 June 1997.

6. On 25 June 1997, the applicant received a Relief for Cause NCOER for the period ending May 1997. The contested NCOER shows his rater was the Station Commander in the rank of sergeant first class; the senior rater (SR) was the Company First Sergeant in the rank as first sergeant; and the reviewer was the Company Commander in the rank of captain. Part IIc (Rated NCO) shows the entry: "Unavailable for signature."

7. Part III (Duty Description) of the contested NCOER shows the applicant's principal duty title as Regular Army Field Recruiter in duty MOS 11B and that he was counseled on 1 March 1997. The rater marked "Yes" under each item in Part IV(a) (Values/NCO Responsibilities). Under Part IV(b) through Part IV(e), the rater placed an "X" under "Success." The rater placed an "X" under "Needs Some Improvement" in Part IV(f) (Responsibilities and Accountability). The rater provided the comments: "Demonstrated an inability to maintain financial obligations;" "The rated NCO has been notified of the reason for relief;" and "As the rater I relieved soldier for his inability to manage financial obligations."

8. Under Part V (Overall Performance and Potential) of the contested NCOER, the rater evaluated the applicant's overall potential for promotion and/or service in positions of greater responsibility as "Fully Capable." The rater listed three positions in which the applicant could best serve the Army at his current or next higher grade: (1) Fire Team Leader; (2) Squad Leader; and (3) Assistant Operations Sergeant. The SR evaluated the applicant's overall performance as "Successful" and placed an "X" in Block 3. The SR evaluated the applicant's overall potential for promotion and/or service in positions of greater responsibility as "Superior" and placed an "X" in Block 3. The SR also provided the comments: "Not a good candidate for special assignments" and "Allow to serve in primary MOS remainder of career."

9. Records show the contested NCOER was filed on the performance fiche of the applicant's OMPF.

10. The applicant provided a letter of support from the SR of the contested NCOER. He stated, in effect, that the applicant had reported to the battalion and the company for duty but he never attended the Basic Recruiter Course. He also stated that prior to attendance at the course it was discovered that the applicant had significant financial problems that leadership determined would not make him a good candidate for recruiting duty. He further stated that the applicant never served as a field recruiter, was assigned to the recruiting command for less than 90 days, and should never have received a Relief for Cause NCOER. The SR of the contested NCOER strongly recommended that the contested NCOER be removed immediately and not viewed as a detriment to the applicant's career progression. He stated that the contested NCOER was done in error by the entire chain of command and should be stricken as soon as possible.

11. Army Regulation 623-205 establishes policy and procedures governing the Noncommissioned Officers Evaluation Reporting System (NCOERS). Paragraph 3-32 of this regulation states that a report is required when an NCO is relieved for cause regardless of the rating period involved. Relief for cause is defined as the removal of an NCO from a rateable assignment based on a decision by a member of the NCO’s chain of command or supervisory chain that the NCO’s personal or professional characteristics, conduct, behavior, or performance of duty warrant removal in the best interest of the U.S. Army.

12. Army Regulation 601-1 governs the assignment of enlisted personnel to the U.S. Army Recruiting Command. Paragraph 2-11 states that the period of the New Recruiter Program is nonrated time per DA Circular 623-88-1. The nonrated period of the New Recruiter Program commences when the recruiter first reports for duty following completion of the Army Recruiter Course and ends upon completion of 9 months, unless the recruiter is terminated from new recruiter status earlier. Paragraph 2-11d(2) states that for overseas returnees reporting directly to the recruiting battalion, the period between arrival at the unit and attendance at the Army Recruiter Course will also be nonrated.

CONCLUSIONS:

1. The evidence of record shows the applicant was assigned from an overseas command to a recruiting battalion to assume recruiting duties in January 1997.

2. The evidence of record shows that the applicant never attended the Army Recruiter Course and was relieved of his assignment in May 1997 due to financial problems.

3. Army Regulation 601-1, paragraph 2-11d(2) states that for overseas returnees reporting directly to the recruiting battalion, the period between arrival at the unit and attendance at the Army Recruiter Course will be nonrated. The Board notes the applicant never performed duties as a Regular Army Field Recruiter. Therefore, the Board concludes that the applicant was erroneously issued a Relief for Cause NCOER for the period January 1997 through May 1997 which reflects his duty title as Regular Army Field Recruiter.

4. Based on the foregoing, the Board has determined that an injustice has occurred in this case. Therefore, it would be appropriate to have the contested NCOER removed from the applicant's records.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by removing the Relief for Cause NCOER for the period January 1997 through May 1997 from the applicant's records.

BOARD VOTE:

AAO____ HBO____ TL______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087855
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030828
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	134.0200
2.
3.
4.
5.
6.