BOARD DATE:	 2 June 2011 

		DOCKET NUMBER:  AR20100023477 


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 four DA Forms 67-9 (Officer Evaluation Report (OER)) from her official military personnel file (OMPF) covering the period 15 April 1999 through 19 August 2002.

2.  The applicant states she has been advised that no OER's were supposed to be completed and placed in her record for the period she was under the Michigan Army National Guard (MIARNG) Medical Student Program.

3.  The applicant provides:

* four OER's
* Orders 078-037, dated 19 March 2003, separating her from the MIARNG, effective 31 March 2003, and transferring her to the U.S. Army Reserve (USAR) Individual Ready Reserve
* Orders 078-040, dated 19 March 2003, releasing her from the MIARNG Medical Command, Detroit, MI
* National Guard Bureau (NGB) Special Orders Number 114 AR, dated
18 June 1999, extending her Federal Recognition for the purpose of promotion to captain (CPT), effective 18 June 1999
* an NGB Form 337 (Oaths of Office) appointing her as a CPT in the MIARNG
* NGB Special Orders Number 85 AR, dated 3 April 2003, extending her Federal recognition for the purpose of transfer to the USAR, effective
31 March 2003

CONSIDERATION OF EVIDENCE:

1.  The applicant, a prior Reserve enlisted service member, was appointed a Medical Service Corps (MSC) second lieutenant in the USAR, effective 27 June 1993.

2.  She was promoted to first lieutenant (1LT), MSC, USAR effective 12 August 1996.

3.  The record contains MIARNG appointment orders as an MSC 1LT effective 3 September 1998 and as an MSC captain effective 20 August 1999.

4.  An NGB Form 82-E (Application for Federal Recognition as an Army National Guard Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the Army National Guard of the United States), dated 23 May 1999, shows the applicant as a CPT, MSC/Medical Corps (MC), with a present occupation of medical student.  The form is stamped "INIT APT." (initial appointment) but shows she was an MSC CPT in the MIARNG assigned to Detachment 6, Headquarters, State Area Command (STARC) MIARNG, Detroit, MI.

5.  The applicant received OER's as an MSC officer from the time of her appointment in the MIARNG until her separation from the ARNG effective 30 March 2003.

6.  Three OER's for the period ending 19 August 1999 (Change of Duty),
19 August 2000 (Annual), and 19 August 2001 (Annual) rate the applicant as fully or best qualified, and recommend her for advanced training and positions of greater responsibilities.  Two of the reports note she was also a law student pursuing a law degree.

7.  The applicant's OER for the period ending 19 August 2002 (Annual) shows in:

	a.  Part IV (Performance Evaluation - Professionalism (Rater), paragraph a (Army Values) an "X" in the "No" block on four of the seven Army Values areas;

	b.  Part V (Performance and Potential Evaluation (Rater)), paragraph b (Evaluate the rated officer's performance during the rating period and his/her potential for promotion) an "X" in the "Unsatisfactory performance - do not promote" block;

	c.  Part Vc (Comment on Specific aspects of the performance and potential for promotion) states that the applicant was a medical student and also pursuing a law degree.  Her performance, behavior, adaptability and attitude had taken a downward turn at the start of this rating period and continued to decline.  She disobeyed a direct order from both her rater and the Deputy Commander to attend Annual Training (AT) Fiscal Year (FY) 02 and she did not hold a current valid Army Physical Fitness Test (APFT).  She is intelligent and clever and regardless of the offense or circumstance she has a ready-made excuse.  She possessed the basic rudimentary clinical skills "commiserate" with her training as a junior medical student; however she appeared to be more interested in attending higher level military schooling/courses than training with her assigned unit.  Unfortunately, during this rating period she had demonstrated very poor judgment and was severely lacking military bearing and integrity.  She would be better served by not pursuing a career as a military officer.  She was not recommended promotion or retention in the MIARNG.

8.  Part VII (Senior Rater) paragraph a (Evaluate the rated officer's potential to the next higher grade) show an "X" in the "Do not promote" block.  Paragraph c (Comment on performance/potential) shows the senior rater concurred with rater's review on the applicant.  He stated she is maladjusted for military life and she is very self-serving and manipulates others to achieve her self-centered goals.  She cunningly uses her medical school obligations to avoid her military requirements and uses the Guard requirements to avoid her medical school obligations.

9.  This report contains an entry that indicates this referred OER was given to the applicant, face to face with the commander, and she refused to sign the OER.

10.  The record contains no OER's or other evidence of Reserve Component participation between 2002 and 2009.  

11.  An OER prepared in June 2009 shows she was evaluated as a Reserve Component MSC major (MAJ)/O-4.  The evaluation shows she was completing her residency training in emergency medicine.  Her performance was marked as outstanding - must promote by her rater and her promotion potential as fully qualified by her senior rater.

12.  Army Regulation 623-103 (Evaluation Reporting System) prescribes the officer evaluation function of the military personnel system and provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support the Officer Evaluation System 

and Officer Evaluation Reporting System.  It states an evaluation report accepted by Headquarters, Department of the Army (HQDA), and included in the official record of an officer is presumed to be administratively correct, to have been prepared by the properly designated rating officials, to represent the considered opinions and objective judgment of the rating officials at the time of preparation.  It also states that requests to alter, withdraw, or replaced an OER that has been filed in an officer’s record will not be honored.  Exceptions are only authorized when information that was unknown or unverified when the report was prepared is brought to light or verified and the information is so significant that it would have resulted in a higher or lower evaluation had it been known or verified when the report was prepared.  Further, the regulation provides that substantive appeals are to be submitted within 3 years of an OER through date.  Failure to submit an appeal within this time may be excused only if the appellant provides exceptional justification to warrant this exception.

13.  Army Regulation 623-105 further states in:

	a.  Chapter 3 (Evaluation Forms and Preparation), section VIII (Mandatory Reports - Other Than 90-Day Minimum), paragraph 3-47 (Initial Tour of Extended Active Duty), subparagraph b(3), this report will not be prepared for Army Medical Department interns, or affiliate students.

	b.  Chapter 4 (USAR Evaluations), section II (Rating Officials and Processing Procedures), paragraph 4-7 (Submitting Reports), subparagraph e(5), reports will be submitted for an officer attached to a TPU (except USAR Forces school student detachment) from another TPU.  The report will include any periods of Inactive Duty for Training (IDT) and Active Duty for Training (ADT) with the unit of attachment.  A period of AT with the unit of assignment will be covered in the report from that unit.

	c.  Chapter 5 (ARNG Evaluations), section III (Evaluation Principles, Forms, And Procedures), paragraph 5-21 (Mandatory reports - 120 day minimum), subparagraph c, an annual evaluation report is mandatory on completion of
1 year of duty following the “Thru” date of the last report submitted, until the
120 day requirement is met.  An annual report will not be submitted if the rated officer is in a patient detachment, a student at a resident service school over
30 days, in a transient status, or in confinement; the report will be prepared after the officer returns to duty and completes the 120 day requirement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states she was advised that no OER's were supposed to be completed and placed in her OMPF for the period she was under the MIARNG Medical Student Program.

2.  During the period in question the applicant was serving as an active member of the MIARNG Medical Detachment as an MSC officer.  As such OER's were required to be prepared to reflect her service.

3.  Her OER's for the period 3 September 1998 through 19 August 2001 show she was well thought of and rated as a very efficient MSC officer while she was continuing to pursue both a medical and a law degree.

4.  The record does not contain and the applicant has not provided any documentation to show she was officially enrolled in a training program that modified her MIARNG training/performance requirements or that the OER's were improperly completed and included in her OMPF.

5.  Without a modification of her training/performance requirements that would place her in a strictly training/student position OER's were and are required to be prepared to reflect her TPU performance.  The OER regulation contains limited instances where an officer does not receive an OER and none are applicable to this applicant.

6.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20100023477



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ABCMR Record of Proceedings (cont)                                         AR20100023477



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