RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060009648


      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             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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, in effect, that the DA Form 1059, Service
School Academic Evaluation Report, dated 25 September 2004, be removed
from his permanent file.

2.  The applicant states, in effect, there is a more current DA Form 1059,
dated 29 March 2005.  He is requesting that the old DA Form 1059 be
removed because he has completed the requirement to the Army standard.
The requirement is to complete an ANCOC (Advanced Noncommissioned Officer
Course), which he has.  He doesn't want there to be any confusion by any
future boards, that he has completed this requirement.

3.  In support of his application, the applicant provides a copy of the DA
Form 1059, dated 25 September 2003, and the more current DA Form 1059,
dated 29 March 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that on the date of his application to
this Board, he was serving as a member of the US Army Reserve, on active
duty, in the rank of sergeant first class (SFC), with the 5th Medical
Group, Birmingham, Alabama.

2.  The evidence show the applicant was enrolled as a student in the
Advanced Noncommissioned Officer Course (ANCOC), Common Core Class 083-03,
at the AMEDD NCO Academy (Army Medical Department Noncommissioned Officer
Academy) on 10 September 2003.  On 25 September 2003, the applicant was
released from the course for having failed the initial and the subsequent
re-test of the Army Physical Fitness Test (APFT).

3.  On the applicant's release from ANCOC, he was provided an academic
evaluation report.  The DA Form 1059 the applicant was provided shows he
was released for having failed the initial and the subsequent re-test of
the APFT.  A comment was made in Item 16 (Comments), of the DA Form 1059,
reporting he failed to lead by example by failing the initial and re-test
of the APFT.

4.  There is no evidence, and the applicant does not claim to have
submitted an appeal of the DA Form 1059 when he received it, if he felt he
had been unjustly evaluated when he was removed from the ANCOC and the NCO
Academy.
5.  The evidence shows the applicant was re-enrolled as a student in the
ANCOC, Class 003-05, at the AMEDD NCO Academy.  The applicant achieved
course standards and successfully completed the Career Management Field
(CMF) portion of the ANCOC on 29 March 2005.  The DA Form 1059 shows the
applicant successfully passed the APFT in March 2005.

6.  In his application to the Board, the applicant based his request for
removal of the DA Form 1059, dated 25 September 2003, on the fact he
returned to the AMEDD NCO Academy and successfully completed ANCOC and met
the Army standard.

7.  Army Regulation 623-1 establishes the policies and procedures for the
Academic Evaluation Reporting System (AERS).  It also provides instructions
for preparing, processing and using DA Form 1059, DA Form 1059-1 (Civilian
Institution Academic Evaluation Report), and DA Form 1059-2 (Senior Service
College Academic Evaluation Report).

8.  AR 623-1, Chapter 2, paragraph 2-1, states that service schools and NCO
academy commandants are responsible for preparing the DA Form 1059 within
60 days after the student's graduation or termination from the school or
academy. In preparing these reports, all significant information that can
be evaluated must be reported.  The same care and attention must be
exercised in preparing this report as is exercised in preparing officer and
NCO evaluation reports.

9.  AR 600-8-104 provides policy and procedure for maintenance of a
Soldier's personal information.  The Performance fiche (P-fiche), of a
Soldier's OMPF, is used to document the Soldier's performance.  This
regulation states, in pertinent part, that the P-fiche will be used for
filing performance, commendatory, and disciplinary data.  The P-fiche is
routinely used by career managers and selection boards.  Documents placed
on the P-fiche are limited to those that provide evidence of a soldier's
demonstrated performance.  These documents are used for evaluation and
selection purposes.  Documents will not be obliterated or moved from the P-
fiche unless directed by an authority authorized to correct or move
documents filed on the P-fiche.

10.  Paragraph 2-4.a. states that once placed in the OMPF, the document
becomes a permanent part of that file.  The document will not be removed
from a fiche or moved to another part of the fiche unless directed by,
among other agencies, the Army Board for the Correction of Military Records
(ABCMR) or the OMPF custodian when documents have been improperly filed.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to remove the DA Form 1059 in question from
his OMPF was carefully considered.  The evidence shows the applicant was
dismissed from the AMEDD NCO Academy for having failed the initial APFT and
the APFT re-test and for having failed to lead by example by failing the
initial and re-test of the APFT.

2.  The evidence shows the resultant DA Form 1059 was correctly filed in
accordance with applicable regulation.  There is no evidence the applicant
did not not fail the APFT and the APFT re-test and that the DA Form 1059
was filed in his OMPF unjustly or inappropriately.

3.  There is no evidence the applicant submitted as appeal of the DA Form
1059 when he received it, if he felt he had been unjustly evaluated when he
was removed from the ANCOC and the NCO Academy.

4.  The evidence shows the applicant returned to the NCO Academy and
successfully completed the ANCOC on 29 March 2005.  The evidence shows that
the DA Form 1059 that resulted from his having successfully met Army
standards was also correctly filed in his OMPF.

5.  Ideally, and in accordance with applicable regulation, the performance
fiche should show a continuous record of a person's performance throughout
his Army service.  Where one evaluation reporting period ends, another
evaluation reporting period should begin.  To withdraw the DA Form 1059
from the applicant's performance history would leave an undocumented
period of service and would not give promotion boards and assignment
managers a totally accurate indication of the applicant's past performance
and his abilities for future performance.  With the DA Form 1059 in place,
there is continuity.  The fact the applicant returned to the NCO Academy
and was successful in his pursuit of meeting the Army standard should be
viewed by future promotion boards and assignment managers as a tribute to
his resolve to serve successfully as a Soldier and to meet the Army
standard.

6.  Applicable regulation states that once a document has been directed for
filing in the OMPF, it is presumed to be administratively correct and to
have been filed in accordance with applicable regulation.
7.  Applicable regulation also state that documents will not be removed
from a fiche or moved to another part of the fiche, unless directed by,
among other agencies, the ABCMR, when documents have been improperly filed.
 There is no evidence the academic evaluation report was improperly filed;
therefore, there is no justifiable reason to remove the academic evaluation
report from the applicant's OMPF.

8.  By regulation, there must be clear and compelling evidence to support
the removal of a properly completed, facially valid record from a Soldier’s
OMPF by the ABCMR.  Absent any evidence meeting this regulatory standard,
there is an insufficient evidentiary basis to support removing the document
in question from the applicant’s OMPF.

9.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCR___  ___WDP_  ____KSJ____  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.




                                  ____William D. Powers_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060009648                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  193  |111.0000                                |
|2.   218                |111.0200                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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