IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20120006772 


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 his noncommissioned officer evaluation report (NCOER) for the period May 2004 through November 2004 from his file.

2.  The applicant states the relief-for-cause NCOER in question is a forgery and not the form he initially reviewed and signed.  He believes that several sections were altered to make a more derogatory report.  He did not review it again until he was being considered for a warrant officer position.  A review of the form shows the dates of signatures were all entered by the same person, portions of several blocks are clearly in different fonts from the majority of the report, and there are indications that correction fluid was used to change the report.

3.  The applicant provides a copy of the contested NCOER.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 October 1999.  He completed training and was awarded the military occupational specialty 19D (Cavalry Scout).

2.  The applicant's record contains eleven NCOER's.  On the six forms that do not use a typed or electronic signature and date, the vast majority appear to have dates entered by a single person.

3.  On the relief-for-cause NCOER for the period ending November 2004, the rater marked the applicant as marginal indicating the applicant failed to comply with instructions from his superiors on several occasions.  The senior rater marked the applicant's performance as fair in the fourth block.  Part IVd (Leadership) states the applicant was relieved for cause for failure to comply with instructions from his superiors on several occasions.  The font for this entry is the same as for the majority of the form.  The form, however, does appear to have several alterations on it as follows:

* the signature dates appear to have been altered as the lines below the date are missing portions
* the first bullet in Part IVa (Army Values) is a different font and is at an angle to the other two bullets
* both bullets in Part V (Overall Performance and Potential) are in a different font than any other entry

4.  Army Regulation 600-37 (Unfavorable Information) prescribes policies and procedures regarding unfavorable information considered for inclusion in official personnel files.  It states that once an official document has been properly filed in the official military personnel file (OMPF), it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority.  Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF.  This does not include documents that have their own regulatory appeal authority such as evaluation reports and court-martial orders.  Appeals that merely allege an injustice or error without supporting evidence are not acceptable and will not be considered.

5.  Army Regulation 623-3 (Evaluation Reporting System) prescribes the policy for completing evaluation reports and associated support forms that are the basis for the Army’s Evaluation Reporting System.  This includes the DA Form 2166-8 (NCOER) and DA Form 2166-8-1 (NCOER Counseling and Support Form).

	a.  A relief-for-cause report is required when an NCO is relieved for cause regardless of the rating period involved.  Relief for cause is defined as the removal of an NCO from a rateable assignment based on a decision by a member of the NCO's chain of command or supervisory chain.  A relief for cause occurs when the NCO's personal or professional characteristics, conduct, behavior, or performance of duty warrants removal in the best interest of the Army.

	b.  Correction of minor administrative errors seldom serves as a basis to invalidate an evaluation report.

	c.  Removal of a report for administrative reasons will be allowed only when circumstances preclude correction of errors, and then only when retention of the report would clearly result in an injustice to the NCO.

	d.  Appeals based solely on the lack of full compliance with performance counseling requirements will not normally serve as a basis to invalidate an evaluation report unless accompanied by additional evidence of inaccuracy or injustice.

DISCUSSION AND CONCLUSIONS:

1.  The fact that the dates for signatures are all in one handwriting style is not in and of itself an error.  However, the appearance that these dates may have been altered does raise a question of possible improper action.

2.  Again, the alterations or different font used in the other two blocks in question raises the questions of when and why these alterations were made.  However, the alterations are consistent with entries for a relief-for-cause NCOER.

3.  The record does not show and the applicant has not provided any evidence that this NCOER was not the one he reviewed or that the alterations made were done after he reviewed the report.

4.  Further, the removal of this relief-for-cause NCOER would place the applicant on the same footing as Soldiers who did not have a similar negative report in their records.

5.  There is insufficient evidence to warrant a removal of the relief-for-cause NCOER.

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 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)                                         AR20120006772



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120006772



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1