IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110022799 


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 that the DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period April 2006 through July 2006 be removed from his records.

2.  The applicant states the NCOER reportedly covering the period April 2006 through July 2006 should be removed from his records because it contains a number of errors and discrepancies that render it invalid.  Specifically, he contends that his height and weight are wrong; the period covered is wrong, it was actually only 71 days and an NCOER should not have been written for that short of a period; the rater was not qualified to rate him; and he did not receive a copy of the NCOER until August 2007.  His Army Achievement Medal Certificate and DA Form 1059 (Service School Academic Evaluation Report (AER)) show he left the rating command a month before the reported end of the NCOER period.

3.  The applicant provides no additional supporting evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a Regular Army sergeant first class.

2.  The applicant's NCOER completed on 1 March 2006 shows:

	a.  it was an annual evaluation for the rating period April 2005 through March 2006;

	b.  his assignment was with Company A, 325th Special Troops Battalion, 2nd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC;

	c.  it was given to him on 1 March 2006;

	d.  his rater was First Lieutenant (1LT) S____ and his senior rater was Captain (CPT) Sci___; and

	e.  he completed his last Army Physical Fitness Test (APFT) in February 2006, his height/weight was 72/210 (the same as on the previous NCOER), and he was selected for Army special forces training.

3.  The NCOER in question shows:

	a.  it was a change-of-rater evaluation for the period 1 April 2006 through 31 July 2006 and covered a 4-month rating period;

	b.  his assignment was with Company A, 325th Special Troops Battalion, 2nd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC;

	c.  it was completed and forwarded to the applicant on 25 July 2006;

	d.  his rater was 1LT T____ and his senior rater was CPT Sca___; and

	e.  he completed his last Army Physical Fitness Test (APFT) in February 2006 and his height/weight was 69/160.

4.  The applicant received an AER for the period 13 June 2006 through 1 June 2007.  This evaluation notes he was chosen for the class leadership award and was awarded an Army Achievement Medal.  No APFT or height/weight information is contained in the evaluation.  His duty assignment was Company C, 1st Battalion, 1st Weapons Training Command, Fort Bragg, NC.

5.  The applicant was awarded an Army Achievement Medal for the period 13 June 2006 through 1 June 2007.  (The copy of the award certificate in the applicant's official military record contains a typographical error including the name of another Soldier in the body of the text.)

6.  His next annual NCOER for the period August 2007 through July 2008, shows it was for 12 rated months with no nonrated periods, he passed an APFT on 24 April 2008, and had a height/weight of 72/210.

7.  The applicant's Enlisted Record Brief shows the applicant was assigned to Company A, 325th Special Troops Battalion, 2nd Brigade Combat Team, 82nd Airborne Division, from 6 January 2006 through 12 June 2006 and to Company C, 1st Battalion, 1st Weapons Training Command, from 13 June 2006 through 7 August 2007.

8.  Army Regulation 623-3 (Personnel Evaluation Reporting System) prescribes the policies for completing evaluation reports that support the Evaluation Reporting System.  To be eligible for an evaluation report, a Soldier must have completed 90 calendar days in the same position under the same rater.  If the minimum rating period (90 rated days) has not been met, the period is considered to be non-rated.  All rated Soldiers are to receive a copy of their evaluation before they depart from a unit of assignment or military/civilian school of instruction.  Paragraph 3-43c states that continuous, extended periods of nonrated time on an OER or NCOER require special considerations.  When a Soldier has received a report within 90 days of starting a continuous, greater-than-9-months period of nonrated time on an OER or NCOER because of schooling, AER, patient status, or any other reason covered by nonrated code where the Soldier is not performing duties at an assigned unit, the FROM date for the next report will be one day after the THRU date of last OER/NCOER reflected on the file.  However, the rated months will be calculated on the basis of the date of arrival under a valid unit rating scheme.  Resulting reports can reflect a rating period greater than 12 months (they include the nonevaluated time), but the rated months cannot exceed 12 months of evaluated time. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the NCOER covering the period April 2006 through July 2006 should be removed from his records because it contains a number of errors and discrepancies that render it invalid.  Specifically, he contends that his height and weight are wrong; the period covered is wrong, it was actually only 71 days and an NCOER should not have been written for that short of a period; the rater was not qualified to rate him; and he did not receive a copy of the NCOER until August 2007.  His Army Achievement Medal Certificate and AER show he left the rating command a month before the reported end of the NCOER period.

2.  While the use of the same APFT date on two separate NCOER's is not a violation of regulation or improper, the fact that his height and weight are significantly different on the NCOER in question from his other evaluations raises a question as to the validity of the 2006 change-of-rater NCOER.

3.  The applicant's 2005-2006 annual NCOER ended March 2006.  The period for the 2006 change-of-rater NCOER commenced April 2006 and should have ended when the applicant departed the command to attend special forces schooling.  The record clearly shows he commenced schooling on 13 June 2006.

4.  As this rating period was only 74 days at a maximum and both the rater and senior rater were different than those who rated him in the prior period, no NCOER should have been prepared for this period.

5.  Therefore, it is appropriate to remove the 2006 change-of-rater NCOER 

6.  Based on the above correction, it appears the NCOER ending 31 July 2008 should be modified to show a beginning date of April 2006, with nonrated codes. 

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  removing the 2006 change-of-rater NCOER (April 2006 through July 2006) from his Official Military Personnel File; and 

	b.  having Human Resources Command review the NCOER for the period 1 August 2007 - 31 July 2008 and modify it, as appropriate, in accordance with Army Regulation 623-3, or enter a nonrated statement if appropriate.



      _____________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)                                         AR20110020904



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ABCMR Record of Proceedings (cont)                                         AR20110022799



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