Department of the Army. Pamphlet –3. Personnel Evaluation. Evaluation. Reporting. System. Headquarters. Department of the Army. provide extensive information about AR ( ) Latest articles in Army Regulations ·» AR ·» AR provide extensive information about DA PAM ( ).

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In support of her appeal, Davis submitted papers nearly identical to those she prepared in support of her initial appeal. Davis’ argument is based upon a misreading of the applicable regulations.

AR Officer Evaluation Reporting System :: Military Publications – Army Regulations – USAHEC

Davis reuglation alleges that despite her “numerous” requests, she did not receive another OER from towhen she asked to be reassigned away from the rd CSH. Architects of Integration and Equality and a number of articles related to the nursing profession.

Conclusion For the reasons stated above, I respectfully recommend that defendant’s motion for summary judgment be granted and that plaintiff’s cross-motion for summary judgment be denied. Supreme Court02 Mar The relationship culminated in a final discussion between Davis, Hinds and Cupit, during which both supervising officers allegedly yelled at Davis and Cupit “became personally nasty. In fact, the ABCMR simply determined that Davis had failed to submit “sufficient evidence to support” placement regupation the requested statement in her file.

Please subscribe to download the judgment. The purpose of the meeting is to “develop a duty description for the rated officer and major performance objectives for him or her to accomplish during the rating period. For the reasons stated above, I respectfully recommend that defendant’s motion for summary judgment be granted and that plaintiff’s cross-motion for summary judgment be denied.

Plaintiff, however, failed to file a Local Arjy Davis was honorably discharged from active duty in the summer of and received numerous awards for her service. The administrative record does not contain copies of Davis’ completed DA Form s, and Davis has not submitted them to this court.

Cupit noted that Davis “did an excellent job in the objective development process and in tallying the evaluations” and possessed “extensive experience and skill in nursing education and research. The Board did, however, conclude that there was “clear and convincing evidence” that Davis’ “grade at the time the OER was prepared was major” and that this called for “an rrgulation change to the OER.


The Board did instruct, however, that “[i]f additional evidence is gathered, this would significantly increase the validity of [Davis’] appeal and could justify the Board’s acceptance of [Davis’] request. Assist junior officer transition into Army leadership culture. Davis now seeks this court’s review of the ABCMR’s final decision denying her appeal, claiming that the decision was arbitrary and capricious.

ShalalaF. Davis contends that the ABCMR incorrectly denied her request to have her personnel records include a statement that any gap between OERs was not her fault. However, “mere conclusory allegations, speculation or conjecture will not avail a party resisting summary judgment,” who must instead “set forth specific facts.

Promote a top down emphasis on leadership communication, integrating rated officer participation in objective setting, performance counseling, and evaluation. A Reserve officer earns 15 retirement points for each year of membership in the Reserves and an additional point for each four-hour drill period and each day of annual training that the officer attends.

DAVIS v. HARVEY | E.D.N.Y. | Judgment | Law | CaseMine

Similarly, Hinds reported that she and Arrmy reviewed with Davis their objectives for the symposium Davis was to help organize, made it clear they would be supervising Davis, and verbally counseled Davis throughout the rating period.

See ConeF. In her interview, Cupit stated that Davis “arrived” at the 8 th Medical Brigade in November of and not, regullation Davis claims, in April ofthat “it was not unusual for a soldier to report in and only to have the appropriate orders zrmy them months later,” and that she Cupit had “made it clear that [Davis] knew who her supervisors were and to whom she reported.

Each of these determinations is addressed below. Although being rated in the third of nine blocks would seem to be an above average rating, the Army considers the rating relative to other rankings made by the same evaluator.

This point is of little moment, however, because the facts asserted in Davis’ affidavit and Port’s affirmation are nearly identical to those alleged throughout Davis’ administrative appeals. Registration Forgot your password? The primary function of the OERS is to provide information for use as a “basis for personnel actions,” including promotion, elimination, retention in grade and assignment, and its secondary function is to “encourage officer professional development and enhance mission accomplishment.


Regarding Davis’ hardship discharge, the ABCMR indicated that Davis’ personnel records did not “show” that she received a hardship discharge, and accordingly denied her request to remove any reference to a hardship discharge from her records and to credit her with the twelve UTAs that she missed during her hardship discharge.

As defendant points out, however, courts reviewing military decisions pursuant to the APA have consistently analyzed whether an applicant has met the burden of proof the regulations impose.

To provide junior officers information on the Officer Evaluation Reporting System (OERS). PURPOSE.

We must understand and use the Officer Evaluation Reporting System ary provide evaluation of performance and potential in order to provide the Army with the best leaders. United States District Court, D. See generally Davis Aff. Although Davis had already been reassigned to the rd CSH when the hardship discharge was issued, the order appears to have been issued rfgulation the 8 th Medical Brigade. Removal of Reference to Hardship Discharge Finally, Davis regulatkon an order from the ABCMR directing the Army to expunge the alleged hardship discharge from her records and to credit her with the retirement point credits that she would have earned at the twelve UTAs that she missed armg the hardship discharge.

Having reviewed the administrative record and considered the ABCMR’s denial of Davis’ second appeal in light of the governing regulations described above, I conclude that the ABCMR decision was not arbitrary or capricious. Supreme Court13 Jun Except for changing Davis’ rank from captain to major, each of the review boards denied Davis relief.

If profile is not valid to be processed through MAR2. Share regullation are a little bit lower. Because Article III of the Constitution does not contain a “textual commitment to judicial supervision of military decisions,” id.

Motion for summary judgment: Plaintiff Davis is a licensed and board-certified adult nurse practitioner and family nurse practitioner.

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