| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Richard T. Dunbar | Member |
2. The applicant requests that the Service School Academic Evaluation Report (AER) (DA Form 1059) covering the period 20 April 1994 through 11 May 1994 [herein identified as the "contested AER"] be removed from his Official Military Personnel File (OMPF) or transferred to the restricted fiche of his OMPF.
3. The applicant states that he has completed the Basic Noncommissioned Officer Course (BNCOC). In support of his application, he submits a copy of a diploma from the U.S. Army Noncommissioned Officer (NCO) Academy and a DA Form 1059 for the period 11 March 1996 through 30 April 1996.
4. The applicant’s military records show that he enlisted in the Regular Army on 25 September 1986 and completed infantry training. He has continued to serve on active duty through a series of reenlistments and is currently assigned to Fort Benning, Georgia, in the rank of staff sergeant (SSG).
5. Records show that the applicant was notified on 15 December 1993 that he had met the promotion board cut-off scores for promotion to the rank of SSG for 1 January 1994. He was selected for attendance to the BNCOC Resident Class Number 2-94 for the period 20 April 1994 through 9 June 1994.
6. On 11 May 1994, the applicant was notified by the Commandant of the NCO Academy that he had been released from the BNCOC Class Number 2-94 for academic reasons. The Commandant informed the applicant that soldiers released for academic reasons could reenter the course when the Commandant and Unit Commander felt the soldier was prepared to successfully complete the course. On the same day, the applicant acknowledged receipt of the letter of release and elected not to submit an appeal.
7. On 11 May 1994, the applicant received the contested AER and the preparing official marked the block "failed to achieve course standards" in
item 13 (Performance Summary). In item 16 (Comments), the preparing official indicated that the applicant was a second time failure on the Written Examination Career Management Field (Land Navigation).
8. After signing the referred report, the reviewing official (the Commandant of the NCO Academy) referred the report and memorandum to the applicant for acknowledgement and comment. The applicant acknowledged receipt of the report and elected not to submit statements in his own behalf.
9. Records show that the contested AER and all related documents were properly filed in the performance section of the applicant's OMPF. There is no evidence of record which shows that the applicant petitioned the DA Suitability Evaluation Board for removal or transfer of the contested AER to his restricted fiche.
10. The applicant successfully completed BNCOC on 30 April 1996 and was issued an AER for the period 11 March 1996 through 30 April 1996.
11. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the Official Military Personnel File, 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 Official Military Personnel File 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 Army Board for Correction of Military Records, the Department of the Army Suitability Evaluation Board, Army appeals board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, the Official Military Personnel File custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center and Chief of the Appeals Branch of the National Guard Personnel Center.
12. Army Regulation 351-1 (Individual Military Education And Training) provides the policies and procedures for individual military education and training. It states, in pertinent part, that students may be removed from Noncommissioned Officer Education System (NCOES) courses by the service school or NCO Academy commandant before course completion for disciplinary reasons, lack of motivation, other valid reasons, such as illness or injury, and academic deficiencies. Soldiers eliminated for cause may, by appropriate authority, be removed from the Army standing promotion list, barred from reenlistment, received nonjudicial punishment, or be reclassified.
CONCLUSIONS:
1. Records show the applicant was released from the BNCOC on 11 May 1994 for academic reasons.
2. The contested AER and all related documents were properly filed on the performance fiche of the applicant's OMPF.
3. The applicant successfully completed the BNCOC in May 1996. He received an AER covering the period of the course and it was properly filed in his OMPF.
4. While there does not appear to be any regulatory basis for removing the contested AER, there are equitable reasons for its transfer to the restricted portion of his OMPF, particularly since he has now successfully completed BNCOC.
5. In view of the facts, the Board determined it would be in the interest of justice to transfer the contested AER and all related documents from the performance section of the applicant's OMPF to the restricted section of his OMPF.
6. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by transferring the AER covering the period 20 April 1994 through 11 May 1994, and all related documents from the performance fiche to the restricted fiche of the OMPF of the individual concerned.
BOARD VOTE:
INW_____ RTD____ KAN____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Irene N Wheelwright___
CHAIRPERSON
| CASE ID | AR2002070881 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020627 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | Mr. Schneider |
| ISSUES 1. | 126.0400 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003087464C070212
The applicant requests that the DA Form 1059 (Service School Academic Evaluation Report (AER)), dated 19 October 2000, [herein identified as the "contested AER"] be removed from his Official Military Personnel File (OMPF). The evidence of record shows the applicant was promoted to the rank of staff sergeant effective 19 December 2001. That so much of the application as it relates to complete removal of the contested AER be denied.
ARMY | BCMR | CY2004 | 20040000318C070208
The applicant requests that a record of nonjudicial punishment (Article 15) and a service school academic evaluation report (AER) be expunged from his OMPF (Official Military Personnel File). Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from a fiche or moved to another part of the fiche unless directed by certain agencies, to include the Army Board for Correction of Military Records (ABCMR). There is no injustice in maintaining the...
ARMY | BCMR | CY1996 | 9605941C070209
A 20 November 1990 AER from the software analyst, MOS 74F, BNCOC at Fort Gordon, Georgia, shows that she was administratively released from the course because she failed written and hands-on portion [of the course], with a recommendation that she be allowed to work in her MOS before attending the course again. She stated, in effect, that because of overstrength in MOS 74F at Fort Gordon, she did not have the opportunity to work in that MOS, and coupled with the fact that she was recently...
ARMY | BCMR | CY2003 | 2003091588C070212
The applicant requests, in effect, that the DA Form 1059, Service School Academic Evaluation Report (AER), dated 9 August 1996, be expunged from her Official Military Personnel File (OMPF). The applicant's AER, for the period 15 July 1996 through 9 August 1996, shows a forwarding address for a unit in Korea. The applicant in her response and acknowledgement to the notification under the provisions of Title 10, US Code 1556 stated that she had tried for 6 years to get the erroneous DA Form...
ARMY | BCMR | CY2002 | 2002068531C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That an academic evaluation report (AER) for the period 4 January 1996 through 21 February 1996 be expunged from his OMPF (Official Military Personnel File). Statements from his chain of command, which were also included with the applicant's petition to this Board, indicated that the applicant had completed several hours of additional training in the...
ARMY | BCMR | CY2001 | 2001065121C070421
He received an AER ending 19 August 1991 indicating he failed to achieve course standards and was academically released due to failing BRM (acronym unknown) qualification on three occasions. Less than one year after he was academically released from BNCOC, the applicant re-attended and successfully completed the course, competitively re-establishing himself with his successful peers. That all of the Department of the Army records related to this case be corrected by moving the AER for the...
ARMY | BCMR | CY2003 | 2003085663C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He states that the 26 January 1995 AER (AER #1) shows that he failed to achieve course standards. The Board notes the applicant’s contention that his OMPF should only reflect the AER #2, dated 23 August 1995, which shows that he successfully completed BNCOC class 5-95, and AER # 1, dated 29 January 1995, which shows that he failed to achieve course standards for BNCOC...
ARMY | BCMR | CY2002 | 2002067073C070402
DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded: The Board notes the applicant’s request to have the AER he received, dated 3 May 1994, along with all other information and/or documents related to his release from his first BNCOC class removed from his OMPF. The evidence of record confirms that the AER in question, along with all...
ARMY | BCMR | CY2002 | 2002069433C070402
The applicant requests that his DA Form 1059 Service School Academic Evaluation Report (AER for the Primary Leadership Development Course 2-97, covering the period 18 November 1996 through 20 December 1996, be removed from his Official Military Personnel File (OMPF), or that it be transferred from his Performance Fiche to his Restricted Fiche. The letter was supported by 32 of his fellow soldiers and noncommissioned officers (NCO). On 4 December 1996, an NCO wrote a letter on behalf of the...
ARMY | BCMR | CY2005 | 20050000450C070206
The applicant requests the removal of a DA Form 1059 (Service School Academic Evaluation Report) dated 17 July 1996 from his Official Military Personnel File (OMPF) and promotion reconsideration to the pay grade of E-7 by a Standby Advisory Board (STAB). Board members may not record their reasons or give reasons for selection or nonselection. It states, in pertinent part, that the Deputy Chief of Staff for Personnel (DCSPER) or its designee may approve cases for referral to a STAB upon...