IN THE CASE OF:
BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20140002705
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
22. On 28 January 2014, new information was received from the applicant in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130013003, dated 26 September 2013.
23. The evidence submitted consists of an email, dated 28 January 2014, from the applicant which states, in effect, per Docket Number AR20130013003, the following documents should be removed from his Army Military Human Resource Record (AMHRR):
* Performance folder - Evaluation Report Appeal Decision by the Enlisted Special Review Board (ESRB), dated 5 December 2010
* Restricted folder - ABCMR Decision and Record of Proceedings
* Restricted folder - Evaluation Report Appeal Decision by the ESRB
ADDITIONAL DISCUSSION AND CONCLUSIONS:
7. At the time of the decision of the ABCMR in Docket Number AR20130013003, dated 26 September 2013, it was the intent of the ABCMR to make the applicants record as administratively correct as it should properly have been at the time.
8. The ABCMR's decision in Docket Number AR20130013003 failed to state all related documents pertaining to the applicant's Noncommissioned Officer
Evaluation Report (NCOER) for the period 1 September 2010 through 31 August 2011, including ESRB documentation, should be removed out of all folders in his AMHRR.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
3. The Board determined the evidence presented was sufficient to warrant an amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20130013003, dated 26 September 2013, by amending paragraph 1 of the BOARD DETERMINATION/RECOMMENDATION to read:
1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by expunging the NCOER for the period 1 September 2010 through 31 August 2011 from his AMHRR, replacing it with a nonrated statement, and removing all related documents to included the ESRB action out of all folders in his AMHRR.
4. As a result of this correction, the following documents should be removed from his AMHRR:
* Performance folder - Evaluation Report Appeal Decision by the ESRB, dated 5 December 2010
* Restricted folder - ABCMR Decision and Record of Proceedings
* Restricted folder - Evaluation Report Appeal Decision by the ESRB
_______ _ 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) AR20140002705
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
1
ABCMR Supplemental Record of Proceedings (cont) AR20140002705
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130013405
In a memorandum/self-authored statement, dated 11 April 2012, to the ABCMR, she requested the following relief that was not previously addressed in ABCMR ROP 2, dated 11 July 2013: * the transcript [she purchased from an unaccredited school] and all associated documents relating to this [her appeal for the NCOER for the period 1 July 2008 through 30 June 2009 in ROP 2] and any previous appeals be removed from her AMHRR * the transcript [she purchased from an unaccredited school] be reviewed...
ARMY | BCMR | CY2013 | 20130019262
The applicant requests a Noncommissioned Officer Evaluation Report (NCOER) for the period 1 March 2009 through 28 February 2010 (hereafter referred to as the contested NCOER) be removed from his Army Military Human Resource Record (AMHRR). Additionally, the contested NCOER shows in: * Part Ii (Rated Months) 12 * Part Ij (Non-Rated Codes) "I,S" * Part IIIf (Counseling Dates) initial "20090630" and later "20090928" and "20091203" * Part Ve (Senior Rater Bullet Comments) "Soldier refused to...
ARMY | BCMR | CY2013 | 20130011271
The applicant provides: * ESRB appeal * the contested NCOER, digitally signed by the applicant on 27 May 2010 * the corrected NCOER, digitally signed by the applicant on 13 January 2011 * self-authored memorandum, dated 18 January 2012 * a memorandum from his battalion command sergeant major (CSM), subject: Evaluation Report Appeal, [Applicant], dated 15 February 2012 * a memorandum from his battalion commander, subject: Evaluation Report Appeal, [Applicant], dated 15 February 2012 * a...
ARMY | BCMR | CY2013 | 20130003275
The applicant states: * the contested NCOER resulted from a conflict he had with his rater during a deployment * after the NCOER was submitted to the U.S. Army Human Resources Command (HRC), it was rejected because of administrative error * he then requested a Commander's Inquiry to determine the appropriateness of his rater's comments and ratings * following the Commander's Inquiry and consultation between the rating officials, the NCOER was amended * the corrected NCOER was digitally...
ARMY | BCMR | CY2013 | 20130021381
Application for correction of military records (with supporting documents provided, if any). b. Paragraph 3-37b(1)a provides that the decision to file the original DA Form 2627 on the performance or restricted folder in the AMHRR will be made by the imposing commander at the time punishment in imposed. Applications for removal of a DA Form 2627 from a Soldier's AMHRR based on error or injustice will be made to the Army Board for Correction of Military Records (ABCMR).
ARMY | BCMR | CY2014 | 20140021004
The applicant provides: * ESRB Proceedings * NCOERs covering the period 2006 to 2014 * NCOER appeal packet * Deputy Assistant Secretary of the Army memorandum CONSIDERATION OF EVIDENCE: 1. He was rated "Fair-4" by his senior rater for overall performance and he was rated "Fair-4" by his senior rater for overall potential for promotion and/or service in positions of greater responsibility with bullet comments: * promote at the convenience of the Army * needs to develop his technical skills...
ARMY | BCMR | CY2012 | 20120004367
The applicant requests the removal of all documents related to the denial of his appeal by the Enlisted Special Review Board (ESRB) on 17 March 2009 in case number AR20080017021 from his official records. The applicant states the ESRB denied his Noncommissioned Officer Evaluation Report (NCOER) appeal and the Army Board for Corrections of Military Records (ABCMR) granted him full relief in his appeal. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2014 | 20140016386
The applicant requests removal of his Relief for Cause DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period 30 June 2012 through 30 July 2012 (hereafter referred to as the contested NCOER) from his Official Military Personnel File (OMPF). The applicant provides copies of the following documents: * an extract from Army Regulation 623-3 * the contested NCOER * two Enlisted Record Briefs (ERB) * an article from the NCO Journal magazine * six NCOERs rendered...
ARMY | BCMR | CY2014 | 20140005931
He stated that he had reviewed the applicant's appeal reference the NJP received on 1 March 2012 and other associated actions pertaining to this case. On 24 January 2013, LTC DDL signed a second DA Form 2627-2 setting aside the punishment of forfeiture of $801 pay imposed on 1 March 2012 based on a clear injustice. NJP may be imposed to correct, educate, and reform offenders who the imposing commander determines cannot benefit from less stringent measures; to preserve a Soldier's record of...
ARMY | BCMR | CY2014 | 20140016386
The applicant requests removal of his Relief for Cause DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period 30 June 2012 through 30 July 2012 (hereafter referred to as the contested NCOER) from his Official Military Personnel File (OMPF). • an extract from Army Regulation 623-3 • the contested NCOER • two Enlisted Record Briefs (ERB) • an article from the NCO Journal magazine • six NCOERs rendered for the period 1 September 2007 through 29 June 2012 • a...