BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140016407 


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 two sets of documents (Department of the Army (DA) Board, 2013-06-06 and Elimination Action, 2013-06-06) containing unfavorable information which are posted in the restricted portion of her official military personnel file (OMPF).

2.  The applicant states the documents pertain to a Show Cause Elimination Board that was never conducted and administratively closed as of 6 June 2013.  The show cause action was initiated by the U.S. Army Human Resources Command (HRC) for derogatory information located in a referred Officer Evaluation Report (OER).  As of 13 May 2013, HRC Appeals and Corrections Branch declared the above-mentioned OER void and directed removal of the report from her OMPF; therefore, the elimination board process was canceled.  The petitioned documents both reference the voided evaluation report and the second batch contains an actual copy of the voided evaluation, which was directed to be completely removed from her records.  However, because of the restricted posting of the documents the evaluation is still in her records.  Because these documents contain unfavorable information that has already been adjudicated through proper HRC channels, she requests immediate removal of these OMPF entries.  As has already been determined by HRC, the presence of this information is unjust and creates an inaccurate unfavorable image.

3.  The applicant provides:

* referred OER for the period 1 July through 1 September 2011
* applicant's memorandum for record, subject:  Comments in Correction of Referred OER for [Applicant]
* HRC memorandum, subject: Initiation of Elimination
* applicant's memorandum to HRC, subject:  Acknowledgment of Receipt of Officer Elimination Initiation Memorandum
* HRC memorandum, subject:  Evaluation Report Appeal (20110701-20110901) 
* HRC memorandum for record, subject:  Nonrated Statement 
* Officer Record Brief  
* U.S. Army John F. Kennedy Special Warfare Center and School memorandum, subject:  Request to Terminate Initiation of Elimination – [Applicant]
* HRC memorandum, subject:  Closing of Show Cause Action – [Applicant]
* two rating schemes
* two DA Forms 268 (Report to Suspend Favorable Actions (FLAG))
* request to the DA Suitability Evaluation Board for removal of the documents listed above
* DA Suitability Evaluation Board response 

CONSIDERATION OF EVIDENCE:

1.  The applicant was serving in the Regular Army in the rank of captain at the time of her request.

2.  Her records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain an HRC memorandum, subject:  Closing of Show Cause Action – [Applicant] under the title "Board of Inquiry, Corresp Special Sel, Prom Adv, Prom Rev, Stby Adv Board."

3.  iPERMS also contains 14 pages of documents under the title "DA Directed Elimination Action."  These documents include an HRC memorandum, subject: Initiation of Elimination, dated 15 March 2013, informing the applicant that she was identified to show cause for retention on active duty under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges).  The action was based on substantiated derogatory activity resulting in a referred OER for the period 1 July through 1 September 2011, which was filed in her OMPF, and conduct unbecoming an officer as indicated by the above-referenced item.  The other documents included under this title are:

* a referred OER for the period 1 July through 1 September 2011
* a memorandum for record, dated 7 November 2011, wherein she stated the OER in question contained administrative errors and extremely inaccurate ratings and remarks
* a DA Form 268 initiating flagging action effective 15 March 2013 and a second one removing flagging action effective 6 June 2013
* her memorandum to HRC, subject:  Acknowledgment of Receipt of Officer Elimination Initiation Memorandum
* HRC memorandum, subject:  Evaluation Report Appeal (20110701-20110901) stating based on the evidence she submitted, her OER for the period stated was removed from her official file
* HRC memorandum for record, subject:  Nonrated Statement; dated 13 May 2013, stating that her OER for the period 1 July through 1 September 2011 was void and the period was declared nonrated
* Officer Record Brief  
* U.S. Army John F. Kennedy Special Warfare Center and School memorandum, subject:  Request to Terminate Initiation of Elimination – [Applicant]
* HRC memorandum, subject:  Closing of Show Cause Action – [Applicant]
* two rating schemes

4.  Army Regulation 600-37 (Unfavorable Information) prescribes policies and procedures regarding unfavorable information considered for placement in and, when appropriate, removal from official personnel files.  This regulation states the Army policy is to ensure that unsubstantiated unfavorable information is not placed in personnel files or used for personnel decisions.  Additional objectives are to protect the rights of individual Soldiers and, at the same time, permit the Army to consider all available relevant information when choosing Soldiers for positions of leadership, trust, and responsibility and to provide a means to remedy injustices if they occur.  

5.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF.  It states that once placed in the OMPF, a document becomes a permanent part of that file.  The document will not be removed from the OMPF or moved to another part of the OMPF unless directed by competent authority.

6.  Army Regulation 623-3 prescribes the policies for completing evaluation reports that support the Evaluation Reporting System.  It states in the case of an invalidated evaluation report, a memorandum will be placed in the performance portion of the OMPF declaring the period as nonrated time.

DISCUSSION AND CONCLUSIONS:

The available evidence shows the referred OER was directed to be removed from her records.  The related DA elimination action and DA board of inquiry were closed without action.  As such, it would be appropriate to remove the related documents from her OMPF with the exception of the HRC memorandum for record, subject:  Nonrated Statement, dated 13 May 2013.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  __X______  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 removing from her OMPF all documents contained under the titles of "Board of Inquiry, Corresp Special Sel, Prom Adv, Prom Rev, Stby Adv Board" and "DA Directed Elimination Action," with the exception of the HRC memorandum for record, subject:  Nonrated Statement, dated 13 May 2013.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to removal from her OMPF of the HRC memorandum for record, subject:  Nonrated Statement, dated 13 May 2013.


      _______ _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)                                         AR20140016407



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ABCMR Record of Proceedings (cont)                                         AR20140016407



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