IN THE CASE OF:
BOARD DATE: 6 October 2009
DOCKET NUMBER: AR20090012588
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 a 2004 DA Form 1059 (Service School Academic Evaluation Report (AER)) be expunged from his official military personnel file (OMPF).
2. The applicant states the AER has served its purpose in that he has overcome his mistake by successfully completing the Advanced Noncommissioned Officer Course (ANCOC) in 2006. He believes that the existence of this document is preventing his selection for promotion to master sergeant.
3. The applicant provides, in support of his case, copies of both AER's.
CONSIDERATION OF EVIDENCE:
1. The applicant, a Regular Army sergeant first class/E-7 with a date of rank of 1 October 2001, failed to achieve course standards at ANCOC in April 2004 due to failure of the Army Physical Fitness Test. An AER was issued to document the course failure.
2. He successfully completed the course in October 2006 with numerous superior marks and associated remarks in the Demonstrated Abilities portion of the AER. Both AER's are filed in the performance section of his OMPF.
3. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides policies and procedures for managing personnel records. Only those documents listed in Table 2-1 (Composition of the OMPF) and Table 2-2 (Obsolete or No Longer Used Documents) are authorized for filing in the OMPF. Depending on the purpose, documents will be filed in the OMPF in one of three sections: performance, service, or restricted. Once placed in the OMPF, the document becomes a permanent part of that file. Table 2-1 shows AER's are filed in the performance section of the OMPF unless transfer is authorized to the restricted section.
4. Paragraph 2-3 of Army Regulation 600-8-104 states that the restricted section of the OMPF is used for historical data that may normally be improper for viewing by selection boards or career managers. The release of information in this section is controlled. It may not be released without written approval from the Commander, U.S. Army Human Resources Command (for enlisted Soldiers, formerly designated as Headquarters, U.S. Army Enlisted Records and Evaluation Center) or the Headquarters, Department of the Army, selection board proponent. This paragraph also provides that documents in the restricted section of the OMPF are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; show corrections to other parts of the OMPF; record investigation reports and appellate actions; and protect the interests of the Soldier and the Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant states the AER has served its purpose in that he has overcome his mistake by successfully completing ANCOC in 2006. He believes that the existence of the 2004 document is preventing his selection for promotion to master sergeant.
2. There is no available evidence that the subject AER has functioned to preclude his selection for promotion. There is no available argument that it should not help to distinguish the applicant from other noncommissioned officers who achieved ANCOC course standards on their first attempts.
3. According to the governing regulation, the AER in question is properly filed in the applicant's OMPF where it serves to protect the interests of both the applicant and the Army.
4. Should a question arise as to any perceived delay in his being selected for promotion, the applicant is probably no worse off for the AER being readily available.
5. 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.
6. There is no documentation to support the applicant's contention and no rationale to support the implied conclusion that the alleged circumstances would warrant 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) AR20090012588
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090012588
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110003319
The applicant requests the DA Form 1059 (Service School Academic Evaluation Report (AER)), dated 26 February 2008, be expunged from his record or in the alternative, transfer to the restricted section of his official military personnel file (OMPF). The applicant provides: * three DA Forms 1059, dated 26 February 2008, 22 May 2008, and 26 August 2008 * two DA Forms 2166-8 (Noncommissioned Officer (NCO) Evaluation Report (NCOER), for the period 1 April 2007 through 31 March 2008 and 1 April...
ARMY | BCMR | CY2008 | 20080016778
The applicant requests, in effect, that the memorandum, subject: Administrative Removal from the Promotion Selection List, dated 22 December 1997, be removed from his Official Military Personnel File (OMPF). He states that he did not attend ANCOC and a memorandum was placed in his OMPF. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by transferring the memorandum, subject: Administrative Removal from the Promotion...
ARMY | BCMR | CY2011 | 20110015921
The applicant requests, in effect, amendment of the DA Form 1059 (Service School Academic Evaluation Report (AER)), dated 18 August 2006, that is filed in his Official Military Personnel File (OMPF). The rater documented the applicant's academic performance average for ANCOC of 95.8% and that he passed the APFT on 6 August 2006 in item 14 of the DA Form 1059. The rater also provided comments in item 14 of the DA Form 1059 about the applicant's leadership capabilities and overall...
ARMY | BCMR | CY2009 | 20090016074
BOARD DATE: 24 November 2009 DOCKET NUMBER: AR20090016074 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. U.S. Army Total Army Personnel Command, Alexandria, memorandum, dated 15 October 2002, Subject: Administrative Removal from the Promotion Selection List, informed the applicant that his name had been removed from the SFC promotion list based on his cancellation from ANCOC due to his failure to meet the standards of Army Regulation 600-9 [The Army Weight Control Program] and APFT. U.S....
ARMY | BCMR | CY2004 | 20040000318C070208
The applicant requests that a record of nonjudicial punishment (Article 15) and a service school academic evaluation report (AER) be expunged from his OMPF (Official Military Personnel File). Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from a fiche or moved to another part of the fiche unless directed by certain agencies, to include the Army Board for Correction of Military Records (ABCMR). There is no injustice in maintaining the...
ARMY | BCMR | CY2004 | 2004100689C070208
The applicant requests, in effect, that the notification of his removal from the promotion selection list dated 26 June 2001 be removed from his Official Military Personnel File (OMPF). This memorandum was filed in the applicant's P- fiche and not in the R-fiche, as it should have been. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: transferring the Memorandum from the U.S. Total Army Personnel Command, which notified...
ARMY | BCMR | CY2009 | 20090018531
IN THE CASE OF: * BOARD DATE: 8 June 2010 DOCKET NUMBER: AR20090018531 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides a notarized copy of his application to set aside judgment, dated 22 August 2005, and the contested AER for the period 4 April 2005 to 13 June 2005. According to the governing regulation, the contested AER is properly filed in the applicant's OMPF.
ARMY | BCMR | CY2003 | 2003084312C070212
The applicant requests, in effect, that his Memorandum, dated 21 May 1997, Subject: Declination of Consideration for Promotion be removed from his Service Fiche, General Administrative Data Section, of his Official Military Personnel File (OMPF) to his Restricted Fiche of his OMPF. The applicant states that he did not personally complete a promotion packet in the first place and should not have had to write a "Declination of Promotion letter." A review of the applicant’s OMPF, General...
ARMY | BCMR | CY2009 | 20090006075
The applicant requests, in effect, removal of a memorandum, subject: Promotion to SFC [sergeant first class] as an Exception to Policy, dated 16 January 2007, from his Official Military Personnel File (OMPF). The evidence of record shows that the applicant completed the required military education course (BNCOC) prior to being promoted to SFC/E-7. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from the...
ARMY | BCMR | CY2003 | 2003087846C070212
The applicant requests the transfer of a DA Form 1059 dated 25 June 1999, promotion orders dated 27 September 2001 and Board proceedings dated 3 January 2003 be transferred to the Restricted fiche of his Official Military Personnel File (OMPF). The applicant states, in effect, that he has previously won his appeal before the Board and requests that his records be corrected by transferring the requested documents to the Restricted fiche of his OMPF in order that his chances for selection to...