IN THE CASE OF: 

		BOARD DATE:	    4 December 2012

		DOCKET NUMBER:  AR20120006143 


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 the removal of a DA Form 1059 (Academic Evaluation Report (AER)) dated 7 April 2000 from his Official Military Personnel File (now known as the Army Military Human Resources Record (AMHRR)).

2.  The applicant states that it has been more than 10 years since he received the AER for failure to achieve course standards due to disciplinary reasons.  He believes that it should be expunged from his records due to his subsequent performance and the fact that he completed the course with no problems the following year.

3.  The applicant provides copies of his evaluation reports.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 7 March 1995 for a period of 8 years and training as a ground surveillance radar operator.  He completed his training and was returned to his unit.

2.  On 23 May 1996, he enlisted in the Regular Army for a period of 3 years and assignment to Europe.

3.  On 7 April 2000, while serving as a specialist E-4 in Germany, an AER was issued by the 7th Army Noncommissioned Officer Academy indicating that the applicant failed to achieve course standards for the Primary Leadership Development Course (PLDC) due to disciplinary reasons.  The AER is contained in the performance section of his AMHRR.

4.  The applicant returned to PLDC on 7 February 2001 and successfully exceeded course standards on 8 March 2001.  His AER is also filed in the performance section of his AMHRR.

5.  The applicant remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-7 on 1 November 2010.  He was appointed as a USAR warrant officer one on 27 April 2011 with a concurrent call to active duty and serves as an unmanned aerial surveillance standardization officer.

6.  Army Regulation 623-1 (Academic Evaluation Reporting System), then in effect, established the policies and procedures for the AER.  It provided, in pertinent part, that a DA Form 1059 will be prepared for all enlisted personnel attending resident and nonresident NCO Education System courses regardless of length or component.  A copy of the AER will be forwarded for filing in the performance fiche of the individual’s AMHRR within 60 days after completion of the report.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the AER dated 7 April 2000 should be expunged from his AMHRR has been noted and appears to lack merit.

2.  The AER in question is properly filed in the applicant's AMHRR in accordance with the applicable regulation to reflect that he attended the course and was released from the course for disciplinary reasons.  Additionally, the applicant's AER showing that he completed the PLDC is filed immediately after the contested AER.

3.  The Army has an interest in maintaining records of Soldiers who attend formal courses of instruction and the applicant has failed to provide sufficient evidence to show that the AER was issued erroneously or that it is unjust for it to remain in his AMHRR.

4.  Therefore, in the absence of evidence to show that an error or injustice exists in her case, there appears to be no basis to grant his 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)                                         AR20120006143





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ABCMR Record of Proceedings (cont)                                         AR20120006143



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