IN THE CASE OF:	  

		BOARD DATE: 	        14 June 2009

		DOCKET NUMBER:  AR20090003518 


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 removal of a DA Form 1059 (Service School Academic Evaluation Report) for his attendance at the U.S. Army Sergeants Major Academy (USASMA) Non-Resident Course (NRC) during the period 1 April 2006 to 20 June 2008 from his official military personnel file (OMPF).

2.  The applicant states he was enrolled in the NRC.  He was placed on academic probation.  He then asked to be removed from the course because he was a first sergeant responsible for readying his troops for deployment.  He thought his request had been favorably considered, then he received the subject DA Form 1059.  He adds that following his redeployment, he would like the opportunity to take the USASMA resident course.

3.  The applicant provides:

	a.  a copy of the subject DA Form 1059;

	b.  a copy of a DA Form 4856 (Developmental Counseling Form), dated 28 April 2007, wherein he was counseled regarding his request for removal from the USASMA NRC, approved pending documentation of the counseling;

	c.  a copy of an 11 November 2008 memorandum to U.S. Army Human Resources Command, St. Louis, MO, appealing his DA Form 1059, his dismissal from the USASMA NRC, and removal of the DA Form 1059 from his OMPF [NOTE:  there is no record of action taken on this request];

	d.  a copy of a 10 April 2007 letter from the applicant to his command sergeant major requesting withdrawal from the USASMA NRC; and

	e.  a copy of a letter from USASMA, Fort Bliss, TX, dated 8 December 2008, stating the applicant’s request for appeal [attached] of his dismissal was received after his DA Form 1059 had been prepared and processed and he was referred to the appropriate organization for action.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a U.S. Army Reserve first sergeant (E-8).  He is assigned to the 353rd Transportation Company currently serving in Iraq.

2.  The applicant was enrolled in the USASMA NRC on 1 April 2006.  He had trouble with the academic course work and was placed on academic probation.  He worked with his chain of command to develop a plan to successfully complete the course, but he continued to have difficulty.

3.  On 10 April 2007, the applicant requested to withdraw from the USASMA NRC.  In his request, he stated, in part, that he "continually placed my family and civilian jobs ahead of the course."  On 28 April 2007, he was counseled by the battalion command sergeant major and told if he withdrew, he would never again be promoted and he would never again be afforded the opportunity to compete for schooling.

4.  On 11 August 2008, the applicant received a DA Form 1059.  It stated he "failed to achieve course standards" and that he was "dismissed from the Nonresident Course."  It explained, "This dismissal is based on his failure to maintain satisfactory academic progress.  No determination is made regarding whether this course failure reflects on [applicant’s] character, behavior, or lack of aptitude in certain areas."

5.  The USASMA NRC is a 2-year program that parallels the resident course curriculum.  Graduates of both the resident and nonresident courses receive identical consideration for all personnel management decisions.  Participation is highly selective and consists of senior noncommissioned officers in the ranks of master sergeant, first sergeant, sergeant major, command sergeant major, and equivalent ranks from sister services and allied nations.

	a.  The NRC provides an intellectually broadening educational experience as well as a detailed study of contemporary leadership subjects.  Phase 1, the correspondence phase, consists of six modules with six to twelve lessons each, for a total of 53 lessons.  There is a comprehensive exam at the end of each module to validate the student’s knowledge of the material learned for each lesson.  Phase 2 is conducted in residence at the USASMA, Fort Bliss, TX.  Those students satisfactorily completing Phase 1 requirements are eligible to attend the 17-day resident phase during which students complete the final graduation requirements and become graduates of the Sergeants Major Course.

	b.  Commandants may remove students from the course for disciplinary reasons, lack of motivation, academic deficiencies, or other valid reasons.  Failure of a student to maintain satisfactory progress or established academic, physical fitness, conduct, and weight control standards at any time during the course is cause for dismissal.

6.  Army Regulation 623-3 (Evaluation Reporting System) prescribes the policies for completing evaluation reports that support the evaluation reporting system.  Academic evaluations on DA Forms 1059 report the accomplishments, potential, and limitations of individuals while attending courses of instruction or training.  An evaluation report accepted for inclusion in a rated Soldier's OMPF is presumed to be administratively correct, have been prepared by the proper rating officials, and represent the considered opinion and objective judgment of the rating officials at the time of preparation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his USASMA NRC DA Form 1059 removed from his OMPF.

2.  The applicant was enrolled in the NRC.  He was academically deficient and he was not making sufficient progress toward successful completion of Phase 1 of the course.  He attempted to withdraw from the course.

3.  Whether his removal was a withdrawal or a dismissal is irrelevant; he could not complete the course work and was failing.  His DA Form 1059 reflects this basic fact.  There is no error or injustice.

4.  The applicant was advised that failure to successfully complete the USASMA NRC would eliminate him from any further consideration for future attendance.  His DA Form 1059 alerts any future board to that fact and it should not be removed.


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)                                         AR20090003518



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ABCMR Record of Proceedings (cont)                                         AR20090003518



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