IN THE CASE OF:	  

		BOARD DATE:	  1 October 2009

		DOCKET NUMBER:  AR20090008931 


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 a DA Form 1059 (Service School Academic Evaluation Report) for the period 19 April 2001 through 10 May 2001 be removed from his official military personnel file (OMPF).

2.  The applicant states that he has a more current DA Form 1059 for the Primary Leadership Development Course (PLDC) and there should be only one DA Form 1059 in his OMPF for the PLDC.

3.  The applicant provides a DA Form 1059 for the period 19 April 2001 through 10 May 2001 and a DA Form 1059 for the period 6 February 2002 through 8 March 2002 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of staff sergeant.

2.  A DA Form 1059 was issued to the applicant for the period 19 April 2001 through 10 May 2001.  This form shows the applicant failed to achieve PLDC course standards due to receiving a second time "no-go" on the land navigation course.  This form is filed on the performance section of the applicant's OMPF.

3.  A second DA Form 1059 was issued to the applicant for the period 6 February 2002 through 8 March 2002.  This form shows the applicant achieved PLDC course standards.  This form is also filed in the performance section of the applicant's OMPF.
4.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, the military personnel records jacket, the career management individual file, and Army personnel qualification records.  Paragraph 2-4 of this regulation states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.  Table 2-1 (Composition of the OMPF) of this regulation shows that a DA Form 1059 is to be filed in the performance section of the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the DA Form 1059 for the period 19 April 2001 through 10 May 2001 should be removed from his OMPF.

2.  There is no evidence that the DA Form 1059 for the period 19 April 2001 through 10 May 2001 was improperly issued or that it was improperly filed in the applicant's OMPF.

3.  In accordance with the applicable regulation, the performance fiche should show a continuous record of a person's performance throughout his/her Army service.  The removal of the DA Form 1059 from the applicant's performance history would leave an undocumented period of service and would not give promotion boards and assignment managers a totally accurate indication of the applicant's past performance and his abilities for future performance.  The fact the applicant returned to PLDC and was successful in completing the course should be viewed by future promotion boards and assignment managers as a tribute to his resolve to serve successfully as a Soldier and to meet the Army standards.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  As a result, there is no basis to grant the applicant's request.


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)                                         AR20090008931



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ABCMR Record of Proceedings (cont)                                         AR20090008931



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