Search Decisions

Decision Text

ARMY | BCMR | CY2007 | 20070009267
Original file (20070009267.TXT) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 November 2007
	DOCKET NUMBER:  AR20070009267 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry C. Bergquist

Member

Mr. Dale E. DeBruler

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 correction of her records as follows:

	a.  remove an extra DA Form 1059 (Service School Academic Evaluation Report) for completion of Phase 1 of the Basic Noncommissioned Officer Course (BNCOC) from her Official Military Personnel File (OMPF);

	b.  remove DA Form 1059, Primary Leadership Development Course (PLDC), dated 12 March 1998 from her OMPF;

	c.  correct an undated Certificate of Achievement (Golden Medic 2000) to show the right year; and

	d.  remove an extra DD Form 214 (Certificate of Release or Discharge from Active Duty);

2.  The applicant states that:

	a.  she has two DA forms 1059 showing she completed Phase I of BNCOC;

	b.  she has completed the Warrior Leadership Course in 2006 and would like to have the DA Form 1059 for PLDC removed;

	c.  she was awarded a certificate of achievement that is showing the wrong year; and

	d.  she only needs one DD Form 214 in her OMPF.

3.  The applicant provided the following additional documentary evidence in support of her application:

	a.  DD Form 214, dated 29 September 2003;

	b.  DA Form 1059, dated 14 December 2006, BNCOC-Common Core Training (Phase I);

	c.  DA Form 1059, dated 31 May 2006, Warrior Leader Course;

	d.  DA Form 1059, dated 12 March 1998, Primary Leadership Course; and

	e.  Undated Certificate of Achievement, Golden Medic 2000, Reserve Medical Exercise. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that she enlisted in the Regular Army for a period of 4 years on 25 June 1993.  She completed basic combat and advanced individual training and was awarded military occupational specialty 92G (Food Service Specialist).  Her records further show that she reenlisted in the Regular Army for a period of 3 years on 24 October 1996.

2.  The applicant's records further show that she attended the Primary Leadership Development Course at the NCO Academy, 8th U.S. Army, Korea, during the period 11 February 1998 through 12 March 1998.  However, she failed to achieve course standards.

3.  The applicant's records also show that she was released from active duty on 23 October 1999 in accordance with chapter 4 of Army Regulation 635-200 (Personnel separation) for completion of required active service.  The DD Form 214 she was issued at the time of her release shows she completed 6 years and 25 days of creditable military service. 

4.  After a break in service, the applicant enlisted in the Regular Army on 31 October 2001 in the rank of sergeant/pay grade E-5 for a period of 3 years and has had a series of reenlistments since.  

5.  The applicant's records show that she attended the following courses.

	a.  The Warrior Leader Course at the Fort Stewart, Georgia, NCO Academy from 16 May 2006 to 31 May 2006.  The DA Form 1059 she was issued shows that she achieved course standards. 

	b.  Phase 2 of the Food Service Specialist BNCOC at the Fort Lee, Virginia, NCO Academy during the period 17 August 2006 to 11 October 2006.  The DA Form 1059 she was issued shows that she achieved course standards.

	c.  The Common Leader Training (Phase 1) of TATS BNCOC at the Fort Stewart, Georgia, NCO Academy during the period 27 November 2006 to 14 December 2006.  The DA Form 1059 she was issued shows that she achieved course standards. 

6.  On an unknown date, the applicant was awarded a certificate of achievement for outstanding support and achievement while contributing to the success of Golden Medic 2000, the premier Reserve Medical Exercise.

7.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the Official Military Personnel File (OMPF).  Chapter 2 of this Army regulation provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.  Table 2-1 (Composition of the OMPF) of this Army regulation shows that the DA Form 1059 (Service School Academic Report) is filed on the P fiche of the Soldier's OMPF.

8.  Army Regulation 635-5 (Separation Documents) governs the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier.  In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; and any corrections to other parts of the OMPF.  Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.

2.  With respect the applicant's unsuccessful completion of PLDC, there is no doubt that the applicant has rebounded in an outstanding manner as evidenced by her successful completion of the Warrior Leader Course which was formerly called PLDC.  However, the PLDC DA Form 1059 was properly filed and is now properly maintained in the applicant's OMPF.  It is a permanent part of her record.  There is no injustice in the continued maintenance of this DA Form 1059 in her OMPF, and the applicant has not provided any good reason, other than her own desires, to remove the record from her OMPF.  
3.  Evidence of record shows that the applicant was issued only one DD Form 214 upon her release from active duty on 23 October 1999.  There is no evidence that a second DD Form 214 was published or issued.  Therefore, there is no further action required.

4.  Commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to Soldiers Certificates of Achievement.  The citation on such certificates will not be worded so that the act of service performed appears to warrant the award of a decoration.  These certificates, however, are not annotated on the DD Form 214. The applicant is advised to contact the issuing commander or headquarters to request a replacement certificate showing the correct date.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __lcb___  __ded___  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.




						Margaret K. Patterson
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070009267
SUFFIX

RECON

DATE BOARDED
20071115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.


Similar Decisions

  • ARMY | BCMR | CY2008 | 20080014443

    Original file (20080014443.txt) Auto-classification: Denied

    There is no indication or evidence in the applicant's records that she was enrolled in or completed Phase II of MOS 54B BNCOC as stipulated in her promotion orders. The evidence of record further shows the applicant was conditionally promoted to SSG/E-6 on 30 June 1998 in MOS 54B contingent upon her successful completion of BNCOC. With respect to the applicant's contention that she should be considered for promotion to SFC/E-7, there is no evidence that the applicant met grade and/or NCOES...

  • ARMY | BCMR | CY2010 | 20100018297

    Original file (20100018297.txt) Auto-classification: Denied

    The applicant requests removal of two DA Forms 1059 (Service School Academic Evaluation Report) dated 19 July 1999 and 26 February 2001 from her official military personnel file (OMPF). 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. The applicable regulation states that once a document...

  • ARMY | BCMR | CY2010 | 20100007483

    Original file (20100007483.txt) Auto-classification: Approved

    The applicant requests removal of the DA Form 1059 (Service School Academic Evaluation Report), dated 19 January 2007, from her Official Military Personnel File (OMPF). Accordingly, as required by the applicable regulation at the time, she was issued a DA Form 1059 that shows she marginally achieved course standards in that she met the academic requirements but failed to meet body fat standards IAW AR 600-9 during this course. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2012 | 20120002368

    Original file (20120002368.txt) Auto-classification: Denied

    He provides: * his Enlisted Record Brief * a DA Form 1059 showing he "achieved course standards" * a DA Form 1059 showing he "exceeded course standards" * a self-authored memorandum to the Board * an Army Medical Department (AMEDD) NCO Academy memorandum, subject: Commandant's List * a recognition ceremony announcement containing a Commandant's List for BNCOC Class 001-06 CONSIDERATION OF EVIDENCE: 1. In connection with the processing of this case, an advisory opinion was obtained from the...

  • ARMY | BCMR | CY2003 | 2003087464C070212

    Original file (2003087464C070212.rtf) Auto-classification: Approved

    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 | CY2010 | 20100029346

    Original file (20100029346.txt) Auto-classification: Approved

    The applicant states: * the correct DA Form 1059 for this course shows she attended the course during the period 13 February 2006 through 14 March 2006 * the error was caused due to a lack of attention to detail by her small group leader * she wants to correct her records because she is coming up for her first consideration by the sergeant first class promotion board 3. Since the duration of WLC is 4 weeks for Regular Army Soldiers and evidence shows she attended WLC during the period 13...

  • ARMY | BCMR | CY2009 | 20090008272

    Original file (20090008272.txt) Auto-classification: Denied

    Table 2-1 (Composition of the OMPF) of this Army regulation shows that the DA Form 1059 is filed on the performance section of the OMPF. The evidence of record shows that the applicant failed to achieve course standards for Phase II of 19D BNCOC from 22 May 2008 to 2 July 2008. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.

  • ARMY | BCMR | CY2007 | 20070016258

    Original file (20070016258.TXT) Auto-classification: Approved

    The applicant requests removal of a negative DA Form 1059 (Service School Academic Evaluation Report) from her Official Military Personnel File (OMPF). Table 2-1 of AR 600-8-104 states that the DA Form 1059 will be filed in the performance section of the OMPF. This DA Form 1059, dated 1 August 2001, is also filed in her P fiche.

  • ARMY | BCMR | CY2009 | 20090001046

    Original file (20090001046.txt) Auto-classification: Denied

    The applicant requests the removal of a DA Form 1059 (Service School Academic Evaluation Report (AER)) ending 22 January 2003 from her official military personnel file (OMPF). The AER in question is properly filed in the applicant's OMPF in accordance with the applicable regulation to reflect that she attended the course and was released from the course for medical reasons. The Army has an interest in maintaining records of Soldiers who attend formal courses of instruction and the...

  • ARMY | BCMR | CY2006 | 20060013770C070205

    Original file (20060013770C070205.doc) Auto-classification: Denied

    John Heck | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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). 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.