IN THE CASE OF: BOARD DATE: 4 August 2009 DOCKET NUMBER: AR20090008272 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 the DA Form 1059 (Service School Academic Evaluation Report), dated 2 June 2008, from his Official Military Personnel File (OMPF). 2. The applicant states that he attended Phase II of the Basic Noncommissioned Officer Course (BNCOC) on 22 May 2002 at Fort Knox, KY; however, he was dropped from the course for failing a test and was given a DA Form 1059 that reads "failed to achieve course standards." He adds that he was reenrolled in the course at a later date and successfully achieved course standards. He also adds that he was told once he successfully completed the course the first DA Form 1059 may be removed from his OMPF. 3. The applicant provides copies of his DA Forms 1059, dated 20 November 2008 and 2 June 2008, in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant is a Regular Army staff sergeant (SSG) who initially enlisted on 27 January 2003 and reenlisted on 1 March 2006. His records show that he holds military occupational specialty 19D (Cavalry Scout) and that he was promoted through the ranks to sergeant on 1 June 2006 and SSG on 1 August 2007. 2. The applicant's records show he was enrolled in Phase I of 19D BNCOC at the NCO Academy, Grafenwoehr, Germany, from 9 October 2007 to 26 October 2007 and successfully completed this Phase. 3. The applicant's records also show he was enrolled in Phase II of 19D BNCOC at the NCO Academy, Fort Knox, KY, from 22 May 2008 to 2 July 2008. However, he was released from the course due to failing to achieve a passing score on one of the tasks after being tested twice. The DA Form 1059 he was issued shows he "failed to achieve course standards." This form is filed on the performance section of his OMPF. 4. The applicant's records further show he was reenrolled in Phase II of 19D BNCOC at the NCO Academy, Fort Knox, KY, from 3 November 2008 to 20 November 2008. The DA Form 1059 he was issued shows he achieved course standards. This form is also filed on the performance section of his OMPF. 5. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF. Chapter 2 of this Army regulation provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF. Table 2-1 (Composition of the OMPF) of this Army regulation shows that the DA Form 1059 is filed on the performance section of the OMPF. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that the DA Form 1059, dated 2 June 2008 should be removed from his OMPF. 2. The evidence of record shows that the applicant failed to achieve course standards for Phase II of 19D BNCOC from 22 May 2008 to 2 July 2008. He was accordingly issued a DA Form 1059 as such. This form is correctly filed on the performance section of his OMPF. There is neither error nor an injustice. 3. The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier. In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; and any corrections to other parts of the OMPF. Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority. 4. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit evidence that would satisfy that requirement. Therefore, there is insufficient evidence to grant him the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ __X____ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ 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) AR20090008272 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090008272 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1