IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20090021064 


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:

	a.  that the last sentence in Part VIIc – Senior Rater (Comment on Performance/Potential) of her DA Form 67-9 (Officer Evaluation Report (OER)) for the period 13 January 2006 through 27 November 2006 be blacked out;

	b.  that the first sentence in Part Vb – Performance and Potential Evaluation (Rater) (Comment on Specific Aspects of the Performance) of her OER for the period 28 November 2006 through 31 March 2007 be blacked out; and

	c.  that the sentence in Part Vc – Performance and Potential Evaluation (Rater) (Comment on Potential for Promotion) of her OER for the period 28 November 2006 through 31 March 2007 be blacked out.

2.  The applicant states:

	a.  She had changed duty stations when her rating officials completed her OER for the period 13 January 2006 through 27 November 2006.

	b.  Her active duty orders show she had changed duty stations prior to 18 December 2006, which is the date the rating officials signed her OER.

	c.  Army Regulation 623-3 (Evaluation Reporting System), paragraph 2-10d, states that rated Soldiers will receive their evaluations before they depart from a unit of assignment.

	d.  She was not contacted when the final draft of her report was completed.

	e.  She stopped by the organization to follow up on the status of the evaluation and she received the completed copy of the report signed by both raters.

3.  The applicant provides a copy of her OER for the period 13 January 2006 through 27 November 2006 and a copy of U.S. Army Human Resources Command Orders A-10-627061, dated 25 October 2006.

CONSIDERATION OF EVIDENCE:

1.  After completing 8 years, 4 months, and 1 day of net active service, the applicant accepted an appointment as a warrant officer one in the U.S. Army Reserve on 2 August 1996.  She was promoted to chief warrant officer two on 2 August 1998 and she was promoted to chief warrant officer three on 1 August 2004.

2.  The available records show the applicant was rendered an OER for the period 13 January 2006 through 27 November 2006.  The last sentence in Part VIIc reads, "Rated officer failed to sign report when presented for signature."  The OER shows her rater and senior rater signed the report on 18 December 2006.

3.  The applicant was assigned to the U.S. Army Human Resources Command, Alexandria, Virginia, on 25 October 2006, when Orders A-10-0627061 were published ordering her to active duty effective 28 November 2006.  The orders show her duty location as Pentagon, Washington, DC.

4.  The applicant was rendered an OER for the period 28 November 2006 through 31 March 2007.  The first sentence in Part Vb reads, "No APFT [Army Physical Fitness Test] was taken by the Soldier during this rating period."  The sentence in Part Vc reads, "Currently performing satisfactorily in her current grade."  The OER shows her rater and senior rater signed the report on 11 June 2007.

5.  The applicant retired on 31 May 2008 due to obtaining sufficient service for retirement.

6.  A review of the applicant's record does not show she ever attempted to appeal the two OER's in question while she was actively serving.

7.  Army Regulation 623-3 (Evaluation Reporting System), paragraph 2-10d, states all rated Soldiers will receive a copy of their evaluations before they depart from a unit of assignment or military/civilian school of instruction.

8.  Army Regulation 623-3, paragraph 1-10, states that no person may require changes be made to an individual's OER, Noncommissioned Officer Evaluation Report, or Academic Evaluation Report except to comply with this regulation and corresponding pamphlet (DA Pamphlet 623-3).  Members of the rating chain, the appropriate administrative personnel office, or Department of the Army Headquarters (HQDA) will point out obvious inconsistencies or administrative errors to the appropriate rating officials.  After needed corrections are made, the original forms, with authenticated signatures, will be sent to the appropriate HQDA processing office or State Adjutant General.

9.  Paragraph 3-24 of Army Regulation 623-3 states that the use of inappropriate or arbitrary remarks or comments that draws attention to differences relating to race, color, religion, gender, age, or national origin is prohibited.  Subjective evaluations will not reflect a rating official's personal bias or prejudice.  No remarks on an evaluation report will be made on performance or incidents occurring before or after the rating period except for the most recent APFT performance or profile data which occurred prior to the beginning date of the report.  This exception allows the rated individual to comply with APFT and height and weight requirements.

10.  Army Regulation 623-3, paragraph 3-37, states that for OER's, the senior rater's signature and date will not be before the rater's or intermediate rater's.  The rated officer will not sign or date the report before the rater, intermediate rater, or senior rater.  As a reminder, senior raters will take into account the senior rater profile restarts prior to dating the OER.  The responsible senior rater or authenticating official's designated representative will provide each rated Soldier a copy of the report when it is completed locally and before the rated Soldier departs the organization.  This copy may be either in paper or electronic format.  If the Soldier departs before receiving such a copy, that responsible senior rater or authenticating official will send a copy of the completed evaluation to the rated Soldier's forwarding address or electronic mail (e-mail) address.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided no evidence to show that the statement, "rated officer failed to sign report when presented for signature," was incorrectly placed on the OER in question.

2.  She contends that she had already changed duty stations when her rating officials completed her OER.  However, she has provided no evidence that shows that she was not presented with an OER for signature which she refused to sign prior to her local reassignment from Alexandria, VA, to Washington, DC.  In the absence of such evidence, regularity must be presumed.

3.  The applicant provided no explanation as to why she believes the statements, "no APFT was taken by the Soldier during this rating period," and "currently performing satisfactorily in her current grade," should be eliminated from the OER that was signed by her rater and senior rater on 11 June 2007.

4.  Additionally, there is no evidence in the available records that shows she made any attempts to have any of the statements that she is now requesting be eliminated from her OER's corrected while she was actively serving.  If the information contained therein was incorrect, she could have submitted appeals to the OER's and she did not.  It appears the OER's in question were prepared in accordance with the applicable regulation and that the information contained therein is correct as currently reflected.

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)                                         AR20090021064



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ABCMR Record of Proceedings (cont)                                         AR20090021064



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