BOARD DATE: 20 August 2009
DOCKET NUMBER: AR20090003905
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 that the DA Form 1059 (Service School Academic Evaluation Report) for the Basic Noncommissioned Officer Course (BNCOC), dated 21 June 2000, be removed from his Official Military Personnel File (OMPF) or transferred to the restricted section of his OMPF.
2. The applicant states, in effect, that he passed the BNCOC in 2003. He contends that if Soldiers with driving under the influence (DUI) charges can get the DUI action placed in their restricted file or removed from their records then he should also be able to remove the DA Form 1059 in question from his records.
3. The applicant provides copies of DA Forms 1059, dated 21 June 2000,
13 November 2003, and 18 December 2003 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 2 January 1991 and has remained on active duty through continuous reenlistments. He attained the rank of staff sergeant, effective 13 November 2003.
2. A DA Form 1059, dated 21 June 2000, shows the applicant attended the BNCOC during the period 10 May 2000 to 21 June 2000 and he failed to achieve course standards.
3. A DA Form 1059, dated 13 November 2003, shows the applicant attended the BNCOC (Phase I) during the period 29 October 2003 to 13 November 2003 and he achieved course standards.
4. A DA Form 1059, dated 18 December 2003, shows the applicant attended the BNCOC (Phase II) during the period 14 November 2003 to 18 December 2003 and he achieved course standards.
5. A review of the applicants OMPF on the interactive Personnel Electronic Records Management System (iPERMS) revealed a copy of the DA Form 1059, dated 21 June 2000.
6. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the OMPF, Military Personnel Records Jacket, Career Management Individual File, and Army Personnel Qualification Records. Paragraph 2-4 of this regulation states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the Army Board for Correction of Military Records, Department of the Army Suitability Evaluation Board (DASEB), Army appeals board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, OMPF custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center, and Chief of the Appeals Branch of the National Guard Personnel Center.
7. Table 2 of Army Regulation 600-8-104 states, in pertinent part, that DA Forms 1059 will be filed in the performance section of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, the governing regulation states that DA Forms 1059 will be filed in the performance section of the OMPF.
2. There is no evidence that the DA Form 1059, dated 21 June 2000, was improperly prepared. The DA Form 1059, dated 21 June 2000, was properly filed in the performance section of the applicants OMPF. Therefore, there is no basis for granting the applicant's requests.
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) AR20090003905
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