IN THE CASE OF:	  

		BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090012588 


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 2004 DA Form 1059 (Service School Academic Evaluation Report (AER)) be expunged from his official military personnel file (OMPF).

2.  The applicant states the AER has served its purpose in that he has overcome his mistake by successfully completing the Advanced Noncommissioned Officer Course (ANCOC) in 2006.  He believes that the existence of this document is preventing his selection for promotion to master sergeant.

3.  The applicant provides, in support of his case, copies of both AER's.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a Regular Army sergeant first class/E-7 with a date of rank of 1 October 2001, failed to achieve course standards at ANCOC in April 2004 due to failure of the Army Physical Fitness Test.  An AER  was issued to document the course failure.

2.  He successfully completed the course in October 2006 with numerous superior marks and associated remarks in the Demonstrated Abilities portion of the AER.  Both AER's are filed in the performance section of his OMPF.

3.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides policies and procedures for managing personnel records.  Only those documents listed in Table 2-1 (Composition of the OMPF) and Table 2-2 (Obsolete or No Longer Used Documents) are authorized for filing in the OMPF.  Depending on the purpose, documents will be filed in the OMPF in one of three sections:  performance, service, or restricted.  Once placed in the OMPF, the document becomes a permanent part of that file.  Table 2-1 shows AER's are filed in the performance section of the OMPF unless transfer is authorized to the restricted section.

4.  Paragraph 2-3 of Army Regulation 600-8-104 states that the restricted section of the OMPF is used for historical data that may normally be improper for viewing by selection boards or career managers.  The release of information in this section is controlled.  It may not be released without written approval from the Commander, U.S. Army Human Resources Command (for enlisted Soldiers, formerly designated as Headquarters, U.S. Army Enlisted Records and Evaluation Center) or the Headquarters, Department of the Army, selection board proponent.  This paragraph also provides that documents in the restricted section of the OMPF are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; show corrections to other parts of the OMPF; record investigation reports and appellate actions; and protect the interests of the Soldier and the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the AER has served its purpose in that he has overcome his mistake by successfully completing ANCOC in 2006.  He believes that the existence of the 2004 document is preventing his selection for promotion to master sergeant.

2.  There is no available evidence that the subject AER has functioned to preclude his selection for promotion.  There is no available argument that it should not help to distinguish the applicant from other noncommissioned officers who achieved ANCOC course standards on their first attempts.

3.  According to the governing regulation, the AER in question is properly filed in the applicant's OMPF where it serves to protect the interests of both the applicant and the Army.

4.  Should a question arise as to any perceived delay in his being selected for promotion, the applicant is probably no worse off for the AER being readily available.

5.  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.

6.  There is no documentation to support the applicant's contention and no rationale to support the implied conclusion that the alleged circumstances would warrant 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)                                         AR20090012588



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012588



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1