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4–9. Evaluation Report: Appeals Processing and resolution

a.

Receipt of appeals will be acknowledged directly to the originator or requestor.

The time required to process an appeal varies greatly depending on the complexity of the issues involved, the age of the evaluation report being appealed, and so on.

Appeals are processed in order of priority and by date of receipt (see para 4–10).

The Evaluation Appeals Branch will verify the priority of the case by obtaining the information from either the Soldier, the Soldier’s AMHRR or the Soldier’s Career/Branch Manager.

b.

Reviewing officials will screen appeals to separate claims of administrative error from claims of inaccuracy or injustice of a substantive nature.

c.

Claims of substantive inaccuracy or injustice will be reviewed for sufficient supporting documentation and evidence then forwarded directly to the ASRB for adjudication.

Appeals should be submitted as soon as possible after the appellant has collected the supporting documentation and/or sufficient evidence and completed a packet in accordance with DA Pam 623–3.

In instances when an appeal contains compelling and overwhelming evidence that clearly justifies approval without any doubt, and supports the needs of the Army and/or the Soldier, the Chief, Appeals Branch with approval by the Division Chief who resides over Evaluation Appeals Branch, may adjudicate the appeal request.

d.

When the appeal lacks sufficient supporting evidence, reviewing officials will return all original appeal documentation to the appellant without action with a memorandum containing a detailed explanation of why the appeal is returned.

e.

An appeal may be approved in whole or in part, or may be denied, depending upon the merits of the case.

The result of a partially approved appeal may not be that requested by the appellant.

For example, the board may decide the evidence justifies removal of the rater’s evaluation, but that the senior rater’s evaluation will remain, as it was not proven inaccurate or unjust.

The board will not usually take action that might worsen an appealed evaluation report.

f.

When the board grants an appeal, in whole or in part, resulting in the removal or substantive alteration of an evaluation report that was seen by one or more promotion boards that previously failed to select the appellant, the ASRB will make a determination whether promotion reconsideration by one or more special boards is justified.

The reviewing agency will notify each appellant by memorandum of the appeal decision and promotion reconsideration eligibility, if applicable.

g.

When an appeal is denied, a copy of the board’s decision memorandum will be filed in the AMHRR with the contested evaluation report.

The board proceedings and the appeal correspondence that resulted in a denied or a partially approved appeal will be placed in the restricted folder of the Soldier’s AMHRR.

When the board determines an evaluation report is invalid, a memorandum will be placed in the performance portion of the AMHRR declaring the period as nonrated time.

In the case where a portion of an evaluation report is removed or corrected, the evaluation report will be corrected and placed in the performance portion of the AMHRR.

A notation is placed at the bottom of the report to indicate the evaluation report is a “Corrected Copy.”

h.

If the appeal is denied, an appellant may seek new or additional evidence and submit a new appeal, or may submit an application to the next agency in the Army’s Redress System, the ABCMR.

The ABCMR is governed by AR 15–185.

Referenced Paragraphs

4–10. Priorities

Appeals are processed in accordance with established priorities and date of receipt.

Priority processing is normally based on factors such as upcoming promotion boards, selection boards, retirement, separation, or other personnel management actions that may be affected by the appeal.

DA Pam 623–3

DA Pam 623–3 contains procedural guidance, preparation instructions, processing requirements, and administrative guidance for evaluation reports, appeals packets, and supporting documentation.

AR 15–185

AR 15–185 governs the policies and procedures of the Army Board for Correction of Military Records (ABCMR).