BOARD DATE: 13 November 2012
DOCKET NUMBER: AR20120004295
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 correction or removal the Officer Evaluation Reports (OERs) for the periods from 30 September 2006 through 29 September 2007 and, in effect, the OER for the period from 30 September 2007 through 3 April 2008.
2. The applicant states:
a. Concerning the first OER:
(1) He was banned from his office. His orders show his duty description was changed months earlier. All this was done in order to place an officer whom the rater favored into the applicants position.
(2) The OER was constructed by his accuser in a pending case
(3) The rater tried to rate the applicant for the entire period when he did not arrive until about March 2007. The rater had him to sign a backdated support form from 25 April 2007. The applicant did not meet the rater until April 2007 prior to his departure on a 3-month temporary duty (TDY) assignment. He had no initial counseling from 30 September 2006 and the rater "conducted no counseling until 17 July 2007, nor was there a rater change.
(4) It took him more than 3 years to prepare this appeal because he did not have access to the documents. He was banned from his place of employment from 30 September 2007 through 3 April 2008 pending an investigation.
b. Concerning the second OER:
* There was no change of rater to support the OER
* The senior rater ignored the applicant's attempts to reach him
* the investigation had no conclusive evidence that the applicant had knowingly entered a "degree mill"
* The Education Services Officer believed that someone was out to end his career, but refused to document that fact
* The senior rater was unfit to judge the applicant when he, himself, was being transferred due to fraternization
3. The applicant provides copies of:
* subject OER
* rater's TDY orders
* DA Forms 67-9-1a (Supplemental Support Form) (applicant claims the rater scratched out the date and backdated the form)
* DA Forms 67-9-1a (Support Form)
* DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* e-mails claiming a bogus rating scheme
* Original rating scheme
* e-mails supporting that the rating scheme was not in accordance with the governing regulation
* Correspondence between the Education Services Officer and the applicant
* Career Counselor's offers and additional duties available
CONSIDERATION OF EVIDENCE:
1. The applicant, a former chemical operations specialist with over 11 years of Regular Army enlisted service accepted a commission as second lieutenant on 11 October 2001. He left active duty as a captain (CPT) on 29 September 2006 and accepted a commission as an Army National Guard, Chemical Corps, CPT in a full-time position with the South Carolina Army National Guard.
2. The only information in the first OER that is not favorable concerns the applicant's not having a college degree.
3. Part V Performance and Potential (Rater) and Part VII Senior Rater of both of the OERs in question are marked in the boxes labeled "OTHER" and comments explain that the applicant cannot be rated or promoted because he does not have a degree as required by law and the governing regulation, Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers).
4. Army Regulation 135-155, paragraph 2-9 states:
a. Effective 1 October 1995, no person may be selected for promotion to the Reserve grade of CPT unless, not later than the day before the selection board convene date, that person has been awarded a baccalaureate degree from an accredited institution recognized by the Secretary of Education or, within the 3 years preceding promotion, the officer has earned a baccalaureate degree from an unaccredited educational institution that has been recognized by the Department of Defense (DOD) for purposes of meeting officer educational requirements.
b. Baccalaureate degrees required for Reserve promotion to major or above, as specified below, must be completed not later than the day before the selection board convene date.
(1) All commissioned officers not previously appointed to or Federally recognized in the grade of CPT before 1 October 1995 must meet the baccalaureate degree requirement that is applied to CPT under subparagraph a, above.
(2) All commissioned officers (other than Army Nurse Corps officers) initially appointed on or after 1 October 1987 must possess a baccalaureate degree from an accredited institution recognized by the U.S. Secretary of Education or have earned a baccalaureate degree from an unaccredited educational institution that has been recognized by DOD for purposes of meeting officer educational requirements.
DISCUSSION AND CONCLUSIONS:
1. The applicant has presented no evidence to show that he did have a qualifying degree or that he did not know his degree came from a degree mill; therefore, all of his assertions about the situation of his assignment, supervision and evaluation are insufficient as a basis for changing or removing the subject OERs.
2. In view of the foregoing, there is no basis for granting the 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) AR20120004294
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