IN THE CASE OF:	  

		BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20140014921 


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 his DA Form 67-9 (Officer Evaluation Report (OER)) for the period 18 March 2013 through 17 March 2014 (hereafter referred to as the subject OER) be corrected to reflect his approximately 10-month period of nonrated time by:

	a.  deleting the current "from date" from item i (Period Covered) and replacing it with the entry "20120505" (indicating 5 May 2012); and

	b.  entering the appropriated code(s) in item k (Nonrated Codes).

2.  The applicant states that the subject OER does not reflect the approximately 7-month period of nonrated time he spent at the Walter Reed Army Medical Center (WRAMC) recovering from an illness and or the 64 days he spent in the Individual Ready Reserve (IRR) prior to being placed on active duty.  As a result, there is a gap in his OER rating periods between the OER he received covering the period 10 December 2011 through 4 May 2012 and the subject OER; a period of 10 months and 13 days.

3.  The applicant provides:

* 2 OERs
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 January 2013
* DD Form 215 (Correction to DD Form 214) dated 15 January 2013

CONSIDERATION OF EVIDENCE:

1.  Following a period of enlisted service in the Army National Guard (ARNG), the applicant became a commissioned officer in the ARNG.  He served in a variety of positions and ascended the ranks to the rank/pay grade of lieutenant colonel (LTC)/O-5.  On 5 October 2010, the applicant transferred to the U.S. Army Reserve (USAR).

2.  The applicant received a "Reassignment" OER for the period 6 June 2011 through 9 December 2011.

3.  He was ordered to active duty for a period of 400 days in support of Operation Enduring Freedom in Afghanistan with a report date of 10 December 2011 with an anticipated end date of 12 January 2013.

4.  Landstuhl Regional Medical Center, Landstuhl, Germany, Orders A-05-208073, dated 3 May 2012, show the applicant was medically evacuated to WRAMC for continued medical care with a report date of 3 May 2012 and an estimated release date of 23 May 2012.

5.  The applicant received a "Change of Duty" OER for the period 10 December 2011 through 4 May 2012.

6.  U.S. Army Human Resources Command (USAHRC), Fort Knox, KY, Orders A-06-211426, dated 27 June 2012, show the applicant was retained on active duty to participate in the Reserve Component Warriors in Transition Medical Retention Processing Program for completion of medical care and treatment.  Additional orders from the same orders issuing authority show the end date of his period of active duty was amended four times, culminating in 10 January 2013.

7.  The applicant was released from active duty, not by reason of physical disability, and returned to the USAR effective 10 January 2013.

8.  USAHRC, Orders A-02-302442, dated 13 February 2013, show he was ordered to active duty for a period of 365 days in support of Operation Enduring Freedom with duty in Winchester, VA with a report date of 18 March 2013 and an estimated end date of 17 March 2014.  The end date of his period of active duty was subsequently amended to 29 September 2014.


9.  The applicant received the subject OER which reflects the following information:

	a.  item g (Status Code) shows he was in a mobilized IRR status during the rated period.

	b.  item h (Reason for Submission) shows it was an annual report.

	c.  item i shows the rated period was from 18 March 2013 through 17 March 2014.

	d.  item j (Rated Months) shows he was rated for 12 months.

	e.  item k is blank.

10.  The applicant received a DA Form 67-10-2 (Field Grade Plate (O4-O5; CW3-CW5) OER) for the period 18 March 2014 through 15 August 2014 due to his being released from active duty (REFRAD) for operational support in preparation for retirement.

11.  The applicant was REFRAD on 30 September 2014 and transferred to the Retired Reserve on 1 October 2014

12.  Department of the Army Pamphlet 623-23 (Evaluation Reporting System), in effect at the time prescribed the policy and tasks for the Army's Evaluation Reporting System, including officer, noncommissioned officer, and academic evaluation reports focused on the assessment of performance and potential.

	a.  This publication defines nonrated time as time periods when the rated Soldier cannot be evaluated by the rating officials.  Such time periods include but are not limited to school attendance, in-transit travel, hospitalization or patient status, convalescent leave, leave periods of 30 days or more, and periods when the rater has not met minimum qualifications.  Periods such as breaks in service or time spent in an IRR, Ready Reserve, or Inactive National Guard status are not ratable periods; therefore, these periods will appear as gaps in a rated Soldier's evaluation report history.  

	b.  Table 2-9 of this publication provides the codes and reasons for nonrated periods for OERs and shows that code "P" is used when the rated officer is in a "Patient" status (under doctor's care and unable to perform assigned duties, includes convalescent leave.)


DISCUSSION AND CONCLUSIONS:

1.  Evidence shows there is a gap of 10 months and 13 days between the through date of applicant's OER for the period ending 4 May 2012 and the from date of the subject OER.

2.  Evidence also shows the applicant was in a patient status from 5 May 2012 through 10 January 2014 and in an IRR status from 11 January through 17 March 2014.  Army policy provides that his time spent in a patient status is to be considered nonrated time and the time that he was in an IRR status is not ratable.

3.  In view of the foregoing, the applicant is entitled to have the gap in his rating periods accounted for by correcting the subject OER by:

	a.  deleting the current "from date" from item i and replacing it with the entry "20120505" (indicating 5 May 2012); and

	b.  entering the nonrated code "P" item k.

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 amending his DA Form 67-9 covering the period 18 March 2013 through 17 March 2014 by:

	a.  deleting the current "from date" from item i and replacing it with the entry "20120505" (indicating 5 May 2012); and



	b.  entering the nonrated code "P" in item k.



      _______ _   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)                                         AR20140014921



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ABCMR Record of Proceedings (cont)                                         AR20140014921



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