IN THE CASE OF:
BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20140004662
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 the removal of four officer evaluation reports (OER) covering the period from 2 July 1998 through 9 March 2001 from the restricted section of her Official Military Personnel File (OMPF).
2. The applicant states that Army Regulation 623-3, paragraph 2-10a(2) provides, in pertinent part, that newly-commissioned officers are not eligible to receive OERs until after completion of the officer basic course (OBC) and the four contested OERs were all issued prior to completion of her OBC. She was informed by U.S. Army Human Resources Command and her leadership that she is at risk for involuntary separation by an officer separation board.
3. The applicant provides copies of the four OERs in question, a DA Form 1059 (Service School Academic Evaluation Report), appointment orders, separation orders, and orders sending her to OBC.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a second lieutenant in the Oklahoma Army National Guard (OKARNG) on 2 July 1998. She received the four contested OERs during the period from 2 July 1998 through 9 March 2001. None of those reports were adverse or referred reports.
2. On 17 June 2001, she was honorably discharged from the OKARNG in the rank of first lieutenant and transferred to the U.S. Army Reserve (USAR).
3. On 18 June 2001, she was ordered to active duty to attend the Adjutant General OBC (AGOBC). She completed the AGOBC on 26 September 2001 and remains on active duty. She deployed to Kuwait and Iraq on two separate occasions and was promoted to the rank of major on 2 September 2009.
4. Army Regulation 623-105 (Officer Evaluation Reporting System) in effect at the time, provides in pertinent part, in paragraph 5-1d, that newly-commissioned officers programmed for attendance at OBC will not be rated until completion of OBC. The period prior to attending OBC will be non-rated.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that she was not eligible to receive the contested reports because she had not completed her OBC has been noted and appears to have merit.
2. The four OERs covering the period from 2 July 1998 through 9 March 2001 were all completed prior to the applicant completing her OBC and it is noted none of the reports were issued under adverse conditions.
3. Accordingly, the contested reports for the period from 2 July 1998 through 9 March 2001 should be removed from her OMPF and replaced with a non-prejudicial statement declaring the period non-rated time.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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
removing the four OERs covering the period from 2 July 1998 through 9 March 2001 from her OMPF and replacing them with a non-prejudicial statement declaring the period non-rated time.
_______ _ __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) AR20140004662
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ABCMR Record of Proceedings (cont) AR20140004662
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