IN THE CASE OF:	  

		BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20150006388 


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) for the period 17 March 2010 through 1 April 2010 that shows he achieved course standards for the Warrior Leader Course (WLC) from his Official Military Personnel File (OMPF).

2.  The applicant states:
 
	a.  He needs the DA Form 1059 in question removed from his OMPF because he is eligible for the upcoming sergeant first class promotion board.

	b.  He attended the WLC in 2010 and he made the Commandant's List.  However, his instructor initially sent the wrong DA Form 1059 to his records and it didn't show he exceeded course standards.

	c.  After the situation was corrected, he now has two DA Forms 1059 in his records for the WLC.  One form states he exceeded course standards and one form states he achieved course standards.

3.  The applicant provides:

* email
* DA Form 1059 that shows he achieved course standards



CONSIDERATION OF EVIDENCE:

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

2.  The DA Form 1059 in question, dated 1 April 2010, shows he attended the WLC from 17 March 2010 through 1 April 2010.  The form shows he achieved course standards.

3.  A review of the performance folder in his OMPF in the interactive Personnel Electronic Records Management System (iPERMS) revealed:

	a.  the contested DA Form 1059 and

	b.  a second DA Form 1059, dated 1 April 2010, showing he attended the WLC from 17 March 2010 through 1 April 2010.  This form shows he exceeded course standards.

4.  Army Regulation 623-3 (Evaluation Reporting System) states an evaluation report accepted by Headquarters, Department of the Army, and included in the official record of a rated Soldier is presumed to be administratively correct; have been prepared by the properly designated rating officials; and represent the considered opinions and objective judgment of the rating officials at the time of preparation.  Requests that an evaluation report in a Soldier’s OMPF be altered, withdrawn, or replaced with another report will not be honored.  The regulation also states that the burden of proof rests with the applicant.  Accordingly, to justify deletion or amendment of a report, the applicant will produce evidence that clearly and convincingly establishes that:

	a.  the presumption of regularity referred to in paragraphs 3-39 and 6-7 will not be applied to the report under consideration, and

	b.  action is warranted to correct a material error, inaccuracy, or injustice.

5.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF.  It states the purpose of the OMPF is to preserve permanent documents pertaining to enlistment, appointment, duty stations, assignments, training, qualifications, performance, awards, medals, disciplinary actions, insurance, emergency data, separation, retirement, casualty, administrative remarks, and any other personnel actions.  The regulation states DA Forms 1059 will be filed in the performance folder of the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify deletion or amendment of a report the burden of proof rests with the applicant to produce evidence that establishes clearly and convincingly that action is warranted to correct a material error, inaccuracy, or injustice.

2.  The performance folder of the applicant's OMPF in iPERMS contains two DA Forms 1059 for the WLC for the period 17 March 2010 through 1 April 2010.  One form shows he achieved course standards and one form shows he exceeded course standards.

3.  It appears that an error occurred when the DA Form 1059 for the same course that shows he achieved course standards was placed in his OMPF.  Since the DA Form 1059 that shows he exceeded course standards is a more favorable report, and any reasonable doubt should be resolved in the applicant's favor, it would be appropriate to remove the DA Form 1059 that shows he achieved course standards from his OMPF.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the DA Form 1059 for the period 17 March 2010 through 1 April 2010 that shows he achieved course standards for the WLC from the performance folder of his OMPF.


      ____________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)                                         AR20150006388



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ABCMR Record of Proceedings (cont)                                         AR20150006388



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