IN THE CASE OF:
BOARD DATE: 4 August 2009
DOCKET NUMBER: AR20090008272
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 the DA Form 1059 (Service School Academic Evaluation Report), dated 2 June 2008, from his Official Military Personnel File (OMPF).
2. The applicant states that he attended Phase II of the Basic Noncommissioned Officer Course (BNCOC) on 22 May 2002 at Fort Knox, KY; however, he was dropped from the course for failing a test and was given a DA Form 1059 that reads "failed to achieve course standards." He adds that he was reenrolled in the course at a later date and successfully achieved course standards. He also adds that he was told once he successfully completed the course the first DA Form 1059 may be removed from his OMPF.
3. The applicant provides copies of his DA Forms 1059, dated 20 November 2008 and 2 June 2008, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army staff sergeant (SSG) who initially enlisted on 27 January 2003 and reenlisted on 1 March 2006. His records show that he holds military occupational specialty 19D (Cavalry Scout) and that he was promoted through the ranks to sergeant on 1 June 2006 and SSG on 1 August 2007.
2. The applicant's records show he was enrolled in Phase I of 19D BNCOC at the NCO Academy, Grafenwoehr, Germany, from 9 October 2007 to 26 October 2007 and successfully completed this Phase.
3. The applicant's records also show he was enrolled in Phase II of 19D BNCOC at the NCO Academy, Fort Knox, KY, from 22 May 2008 to 2 July 2008. However, he was released from the course due to failing to achieve a passing score on one of the tasks after being tested twice. The DA Form 1059 he was issued shows he "failed to achieve course standards." This form is filed on the performance section of his OMPF.
4. The applicant's records further show he was reenrolled in Phase II of 19D BNCOC at the NCO Academy, Fort Knox, KY, from 3 November 2008 to 20 November 2008. The DA Form 1059 he was issued shows he achieved course standards. This form is also filed on the performance section of his OMPF.
5. 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 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 is filed on the performance section of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the DA Form 1059, dated 2 June 2008 should be removed from his OMPF.
2. 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. He was accordingly issued a DA Form 1059 as such. This form is correctly filed on the performance section of his OMPF. There is neither error nor an injustice.
3. 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.
4. 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. The applicant did not submit evidence that would satisfy that requirement. Therefore, there is insufficient evidence to grant him the requested relief.
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) AR20090008272
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090008272
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070009267
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. 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...
ARMY | BCMR | CY2010 | 20100007483
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 | CY2010 | 20100000910
Application for correction of military records (with supporting documents provided, if any). The applicant contends that the DA Form 1059, dated 13 February 2007, should be removed from his OMPF. 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.
ARMY | BCMR | CY2012 | 20120002368
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 | CY2008 | 20080006515
The applicant provides two DA Forms 1059, dated 8 September 2007. Therefore, it would be appropriate to remove the DA Form 1059, dated 8 September 2007, which shows an X in item 11b from his OMPF. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the DA Form 1059, dated 8 September 2007, which shows an X in item 11b from his OMPF.
ARMY | BCMR | CY2002 | 2002067073C070402
DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded: The Board notes the applicant’s request to have the AER he received, dated 3 May 1994, along with all other information and/or documents related to his release from his first BNCOC class removed from his OMPF. The evidence of record confirms that the AER in question, along with all...
ARMY | BCMR | CY2002 | 2002082864C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence: APPLICANT REQUESTS: The removal of an Academic Evaluation Report (DA Form 1059) dated 24 January 2001 from his Official Military Personnel File (OMPF).
ARMY | BCMR | CY2003 | 2003087464C070212
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 | CY2008 | 20080002101
The applicant, who at the time was serving in the rank and pay grade of sergeant, E-5, was conditionally promoted to the rank and pay grade of staff sergeant, E-6. The evidence shows that he continued to perform the duties of a conditionally promoted staff sergeant for a period of nearly 3 years and 10 months and throughout this period he earned NCO evaluation reports that were in the "successful" range; however, he was reduced to pay grade E-5 on 5 October 2000 for not having completed the...
ARMY | BCMR | CY2002 | 2002070881C070402
The applicant requests that the Service School Academic Evaluation Report (AER) (DA Form 1059) covering the period 20 April 1994 through 11 May 1994 [herein identified as the "contested AER"] be removed from his Official Military Personnel File (OMPF) or transferred to the restricted fiche of his OMPF. On 11 May 1994, the applicant was notified by the Commandant of the NCO Academy that he had been released from the BNCOC Class Number 2-94 for academic reasons. Records show the applicant...