RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            26 October 2006
      DOCKET NUMBER:   AR20060013770


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John Heck                     |     |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, the removal of an Academic
Evaluation Report (AER) (DA Form 1059) dated 11 March 1997 from her
Official Military Personnel File (OMPF).

2.  The applicant states, in effect, that she desires the AER dated 11
March 1997 to be removed from her OMPF because she is being looked at for
promotion to the pay grade of E-7 and would like to be viewed on her
accomplishments.

3.  The applicant provides copies of two AERs dated in March 1997 and July
1998.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 23 July 1965 and enlisted in Columbus, Ohio
on 18 November 1992 for a period of 4 years and training as a personnel
management specialist.   She has remained on active duty through a series
of continuous reenlistments.

2.  On 11 March 1997, while serving in the pay grade of E-4 and attending
the Primary leadership Development Course (PLDC), a DA Form 1059 was
prepared to reflect that the applicant had began the PLDC on 18 February
1997 and was being administratively released from the course at the request
of the unit.  No evaluation was given and the applicant was returned to her
unit at Fort Lewis, Washington.

3.  On 24 July 1998, a DA Form 1059 was prepared to reflect that the
applicant attended the PLDC during the period of 24 June through 24 July
1998 and that she achieved course standards.  Both AERs are filed on the
performance fiche of her OMPF.

4.  The applicant was promoted to the pay grade of E-5 on 1 September 1998
and to the pay grade of E-6 on 1 May 2002.

5.  Army Regulation 623-1 prescribes the policies and procedures for
preparing Academic Evaluation Reports.  It provides, in pertinent part,
that a Department of the Army (DA) Form 1059 is required for all Active
Army personnel taking courses at Army Service schools and Noncommissioned
Officer (NCO) Academies.  Any reports with a “No” response, “UNSAT” rating,
a “Marginally Achieved Course Standards” response,  a “Failed to Achieve
Course Standards”, a “FAIL” entry for the Army Physical Fitness Test” or a
“NO” entry for height and weight will be referred to the individual
Soldier.

6.  Army Regulation 600-8-104, Military Personnel Information
Management/Records, prescribes policies and procedures governing the OMPF.
It provides, in pertinent part, that the AER will be filed on the
performance fiche of the OMPF in the proper date sequence of the course
attendance date.

DISCUSSION AND CONCLUSIONS:

1.  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 the requirement.

2.  The applicant attended the PLDC until her unit requested that she be
administratively released from the course and returned to her unit.
Although there is no further explanation of the release, the AER was
properly prepared and filed in her OMPF to reflect her attendance.  The AER
was not then and is not now considered an adverse report.  Accordingly,
there appears to be no basis to remove that document from her OMPF.

3.  While the Board understands the applicant’s desire to have the document
removed, the Army has an interest in maintaining such documents, and the
applicant has not shown sufficient reasons why it should not remain a
matter of record, even after considering her entire record.

4.  The applicant subsequently attended the PLDC and successfully completed
the course, which is properly reflected in her OMPF for selection boards to
consider.  Therefore, absent evidence to show that the contested AER is
improperly filed in her OMPF, there appears to be no basis to grant her
request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MT __  ___RR __  ___JH __  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.





                                  ______  Marla Troup______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013770                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061026                                |
|TYPE OF DISCHARGE       |N/A AC Soldier on AD                    |
|DATE OF DISCHARGE       |N/A AC Soldier on AD                    |
|DISCHARGE AUTHORITY     |N/A AC Soldier on AD                    |
|DISCHARGE REASON        |N/A AC Soldier on AD                    |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |218/aer                                 |
|111.0200                |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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