IN THE CASE OF:
BOARD DATE: 3 November 2009
DOCKET NUMBER: AR20090011621
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, in effect, removal of a DA Form 1059 (Service School Academic Evaluation Report), dated 7 May 2009, from his records.
2. The applicant states, in effect, his records contain a DA Form 1059, dated
29 April 2009, that shows he was administratively dropped from the Warrior Leader Course (WLC), which he would like removed. He also states that due to an injury that required a profile given by a physician, he was administratively dropped from the WLC, Class 09-09, dated 29 April 2009. He later returned to the WLC, Class 10-09 and he passed with outstanding marks and no problem. He completed the course and graduated on 28 May 2009. The DA Form 1059 showing he completed WLC is in his records, including bullets proving that he had no error or difficulty in passing the course. He further states that he would like the DA Form 1059, dated 29 April 2009, removed from his records since it was not a major infraction outlined in the regulation or course criteria and he was allowed to attend the very next course.
3. In support of his application, the applicant provides a copy of his DA Form 1059, dated 28 May 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he was honorably discharged from the United States Army Reserve (USAR) on 5 May 2002 for the purpose of enlistment in the Regular Army (RA) on 6 May 2002. He reenlisted in the RA on 29 August 2005, for 4 years. He is currently serving on active duty in the rank/grade of staff sergeant (SSG)/E-6.
2. The applicant's military records located on the Interactive Personnel Electronic Records Management System (iPERMS) contain a DA Form 1059, dated 29 April 2009, showing he was administratively dismissed from the TATS [Total Army Training System] WLC, Class 09-09 after producing a profile, dated 20 April 2009. That profile conflicted with the profile used during in-processing.
3. The applicant's military records also contain, and he submitted a copy of a DA Form 1059, dated 28 May 2009, showing he achieved course standards for and successfully completed the TATS WLC, Class 10-09.
4. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides policy and procedures for maintenance of a Soldier's personal information. Paragraph 2-4a states that once placed in the official military personnel file (OMPF) a document becomes a permanent part of that file. The document will not be removed from an OMPF or moved to another part of the OMPF unless directed by, among other agencies, the Army Board for the Correction of Military Records or the OMPF custodian when documents have been improperly filed (emphasis added).
5. A website for Noncommissioned Officer (NCO) Academy Prerequisites specifies that student must meet the following criteria to be accepted into the course: meet physical fitness, height/weight standards, and pass the Army Physical Fitness Test (APFT). Personnel with permanent and temporary profiles that would prevent full participation in a course must be able to complete either the standard or alternate APFT events.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was issued a DA Form 1059, dated 29 April 2009, showing his administrative dismissal from the TATS WLC, Class 09-09 after producing a profile that conflicted with the profile used during his in-processing. His physical profile prohibited his ability to perform and participate in course requirements at that time.
2. The evidence also shows the applicant was allowed to return and attend the TATS WLC, Class 10-09, which he completed on 28 May 2009. The applicant has not provided convincing evidence that the DA Form 1059, dated 29 April 2009, does not reflect the true state of affairs existing at the time. He also has not provided convincing evidence that the DA Form 1059 is untrue or unjust in
whole or in part to support his request for its removal from his records. Absent any evidence meeting regulatory standards, there is an insufficient evidentiary basis to support removal of the contested DA Form 1059. There is also no evidence to support his contention that his record is in error and unjust; therefore, there is no basis the applicant's requested relief.
3. 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 this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's 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) AR20090011621
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