RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 March 2005
      DOCKET NUMBER:  AR20040000901


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms.  Prevolia Harper              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Leonard G. Hassell            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that a DA Form 1059 (Service School Academic
Evaluation Report), dated 30 September 2002, be removed from his Official
Military Personnel File (OMPF).

2.  The applicant states that he was processed for dismissal from the First
Sergeant Course and given the subject Academic Evaluation Report (AER).  He
appealed his dismissal and was reinstated.  He was issued a new AER, dated
2 October 2002, showing that he satisfactorily completed the course.
Unfortunately, both AERs appear on his OMPF.

3.  The applicant provides:

      a.  a copy of a memorandum from Headquarters, US Army Sergeants Major
Academy, dated 10 July 2003, to US Army Enlisted Records and Evaluation
Center (EREC) asking that the 30 September 2002 AER be replaced with the
2 October 2002 version.

      b.  A copy of DA Form 1059, dated 30 September 2002.

      c.  A copy of DA Form 1059, dated 2 October 2002.

      d.  A copy of a memorandum from Headquarters, 2nd Battalion, 5th
Infantry, 25th Infantry Division to the Board supporting the applicant's
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enlisted in the Regular
Army on 20 October 1987.  He is currently serving as a First Sergeant
(1SG/E-8) at Schofield Barracks, Hawaii.

2.  A DA Form 1059, dated 30 September 2002, shows that the applicant was
dismissed from the First Sergeant Course, Class #12-02,  for disciplinary
reasons.

3.  The applicant successfully appealed his dismissal and a second DA Form
1059, dated 2 October 2002 was issued showing that he graduated.  The
Commandant of the First Sergeant Course forwarded the new DA Form 1059 to
EREC requesting that the 30 September 2002 document be replaced by the
2 October 2002 version.  This was not done; both documents are on his OMPF.

4.  Army Regulation 600-8-104 (Military Personnel Information Management
and 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 appeal
boards; Chief, Appeals and Corrections Branch of the U.S. Total Army
Personnel Command (PERSCOM, now the U.S. Army Human Resources Command-
Alexandria); Official Military Personnel File custodian (when documents
have been improperly filed), Commander, PERSCOM, as an approved policy to
change this regulation; Chief, Appeals Branch, Army Reserve Personnel
Center (ARPERCEN), now the U.S. Army Human Resources Command-St. Louis); or
Chief, Appeals Branch, National Guard Personnel Center.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was dismissed from the First Sergeant Course, he appealed
his dismissal and was reinstated and graduated.

2.  Prior to the applicant's successful appeal and reinstatement, the
dismissal DA Form 1059 (Service School Academic Evaluation Report) was
forwarded to EREC and included on his Official Military Personnel File
(OMPF).

3.  Subsequent to his reinstatement in the First Sergeant Course, the
applicant received a second DA Form 1059, dated 2 October 2002 showing him
successfully completing the course.  The report was also filed on his OMPF.

4.  In view of the circumstances in this case, the erroneous 30 September
2002 DA Form 1059 should be expunged from the applicant's OMPF.

5.  The Board's objective is to completely remove all references to the
erroneous 30 September 2002 DA Form 1059 from the applicant's OMPF.
Accordingly, it would be appropriate to return this Record of Proceedings
to the Board for permanent filing.







BOARD VOTE:

__wdp___  __rjw___  __lgh___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 expunging the DA Form 1059 (Service School Academic Evaluation
Report), dated 30 September 2002, from his Official Military Personnel
File.

2.  That following completion of the administrative corrections directed
herein, the proceedings of the Board and all documents related to this
appeal will be returned to the Board for permanent filing.




                                        William D. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000901                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050331                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |134.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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