RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007	
	DOCKET NUMBER:  AR20060010099 


	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.  


	The Board considered the following evidence: 

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that:

a.  her DA Form 67-9 (Officer Evaluation Report [OER]) for the period 
16 August 2000 through 11 June 2001 be removed from her official records; and

b.  her DA Form 1059 (Service School Academic Evaluation Report [AER]) for the Finance Captains’ Career Course (FCCC) be corrected to show the course began in August 2002 instead of on 12 June 2001.

2.  The applicant essentially states that both of these evaluations are an injustice and incorrect, and that her OER was retaliation from her rater and senior rater for filing an equal opportunity complaint.  She also states, in effect, that her OER with an ending period of 11 June 2001 is incorrect, as she should have received an OER because of her promotion to captain in March 2001.  She also essentially states that she was assigned to the 81st Regional Readiness Command through August 2002, and that this command owed her many more OERs.  She further states, in effect, that she was not at Fort Jackson, South Carolina at the time stated in the corrected copy of her AER.  She continued by asking that her OER for the period 16 August 2000 through 11 June 2001 be removed from her official records, and that the period of report on her AER from the Finance Captains’ Career Course be changed back to the original dates of August 2002 to December 2002.

3.  The applicant provides the following in support of this application:

	a.  her diploma showing that she graduated from the FCCC on 
13 December 2002;

	b.  orders promoting her to the rank of captain effective 25 March 2001;

	c.  a certificate of course completion showing that she completed the Staff Process Course of the Combined Arms and Services Staff School on 
22 February 2003;

	d.  extracts of her assignment history, temporary duty history, and evaluation history; 

	e.  a memorandum, dated 22 June 2006, from the Evaluations Support Branch, United States Army Human Resources Command, St. Louis, Missouri, Subject:  OER Appeal (000816-010611); 
f.  the front side of her OER for the period 16 August 2000 through 
11 June 2001; and

	g.  her AER from the FCCC.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that she is a member of the United States Army Reserve in the Active Guard and Reserve Program.

2.  The applicant received a Relief for Cause OER for the period 16 August 2000 to 11 June 2001.  In a memorandum, dated 22 June 2006, the Evaluations Support Branch, United States Army Human Resources Command, St. Louis, Missouri informed the applicant that a DCSPER Special Review Board denied her appeal of this OER.  This memorandum also stated, in pertinent part, that the evidence the applicant submitted did not justify withdrawing this OER, but directed changes to the comments in Parts Vb and VIIc, and a change to the “From” date on your AER from the FCCC.  

3.  The applicant provided orders promoting her to the rank of captain with an effective date of 25 March 2001.  In her application, the applicant stated, in pertinent part, that her OER with an ending period of 11 June 2001 is incorrect, as she should have received an OER because of her promotion to captain in March 2001.  However, there was no provision in Army Regulation 623-105 (Officer Evaluation Reporting System), in effect at the time, which mandated that an OER was to be prepared solely upon being promoted.

4.  The applicant’s AER for the FCCC shows that the period covered on this report was modified in compliance with a Department of the Army, Deputy Chief of Staff for Personnel Special Review Board action to show 12 June 2001 to 
13 December 2002.  This AER also shows that the duration of the applicant’s FCCC was from 5 August 2002 to 13 December 2002.  The applicant’s assignment history shows that she was assigned to the 81st Regional Readiness Command on 21 February 1999, and served with this organization until she departed for the FCCC on or about 5 August 2002.   The applicant essentially stated that the 81st Regional Readiness Command owed her many more OERs; however, she did not provide any evidence which shows that she requested any missing OERs from her organization.  She also did not provide any evidence which shows who her rating officials were from 12 June 2001 to on or about 
4 August 2002.  

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that 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 contends that:

a.  her OER for the period 16 August 2000 through 11 June 2001 should be removed from her official records; and

b.  her AER for the FCCC should be corrected to show the course began in August 2002 instead of on 12 June 2001.

2.  Although the applicant was promoted to the rank of captain on 25 March 2001, there was no regulatory requirement to prepare an OER on her solely because she was promoted.  

3.  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.  Therefore, there is insufficient evidence to support the applicant’s request to remove her OER for the period 16 August 2000 through 11 June 2001.

4.  The fact that the applicant was assigned to the 81st Regional Readiness Command from 21 February 1999 to on or about 4 August 2002 is not disputed.  However, the “From” date of her AER for the FCCC was changed to read 
12 June 2001 because there were no OERs submitted to cover the non-rated period of 12 June 2001 to 4 August 2002 prior to the beginning of her FCCC.  The applicant did not provide any evidence which shows that she requested any missing OERs from her organization.  She also did not provide any evidence which shows who her rating officials were from 12 June 2001 to on or about 
4 August 2002.  As it could not be conclusively determined why she did not receive OERs to cover this non-rated period, regularity must be presumed in this case.  In view of the foregoing, there is insufficient for changing the “From” date on her FCCC AER.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___MP __  ___LR __  ___RB  __  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.





____Margaret Patterson_____
          CHAIRPERSON




INDEX

CASE ID
AR20060010099
SUFFIX

RECON

DATE BOARDED
20070315
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES        1.
111.0005.0000
2.
111.0200.0011
3.
131.1100.0000
4.

5.

6.