DOCKET NUMBER: AR20090001046
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. 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).
2. The applicant states that she was medically released from the course and 2 months later she returned and completed the course.
3. The applicant provides a DA Form 1059 ending on 18 April 2003 which shows that she achieved course standards.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 24 April 1975 and enlisted in the Regular Army on 18 February 2000 for a period of 3 years, training as a unit supply specialist, and assignment to Fort Carson, Colorado.
2. She completed her training and was assigned to Fort Carson. On 8 January 2003, while serving in the pay grade of E-4, the applicant attended the Primary Leadership Development Course (PLDC) at the III Corps Noncommissioned Officer (NCO) Academy at Fort Hood, Texas. She was medically released from the course on 22 January 2003 and was returned to her unit at Fort Carson. She was issued a DA Form 1059 in which she was not evaluated and which explained that she was released from the course for medical reasons because she was hospitalized for her eye.
3. The applicant again attended the PLDC from 19 March 2003 to 18 April 2003 and was issued a DA Form 1059 which indicated that she achieved course standards.
4. The applicant has remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-6 on 1 October 2006.
5. A review of the applicants OMPF fails to show that the applicant ever applied to the Department of the Army Suitability Evaluation Board (DASEB) or the Enlisted Special Review Board (ESRB) to have her AER transferred to the restricted fiche of her OMPF within 5 years of the date the report was issued.
6. Army Regulation 623-1 (Academic Evaluation Reporting System), then in effect, established the policies and procedures for the AER. It provided, in pertinent part, that a DA Form 1059 will be prepared for all enlisted personnel attending resident and nonresident NCO Education System courses regardless of length or component. A copy of the AER will be forwarded for filing in the performance fiche of the individuals OMPF within 60 days after completion of the report.
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 that requirement.
2. 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 report contains no adverse information and serves only to document that she attended the course. Additionally, the applicant's AER showing that she completed the PLDC is filed immediately after the contested AER.
3. The Army has an interest in maintaining records of Soldiers who attend formal courses of instruction and the applicant has failed to provide sufficient evidence to show that the AER was issued erroneously or that it is unjust for it to remain in her OMPF.
4. Therefore, in the absence of evidence to show that an error or injustice exists in her case, there appears to be no basis to grant her request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ 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.
___________x______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090001046
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