IN THE CASE OF:	

		BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20100007483 


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 19 January 2007, from her Official Military Personnel File (OMPF).

2.  The applicant states that she attended Phase I of the Basic Noncommissioned Officer Course (BNCOC) from 4 January 2007 through 19 January 2007 at Fort Benning, GA, and received a performance summary of "marginally achieved course standards."  This form is currently filed on her OMPF.  She adds that this form is being corrected by another DA Form 1059 that shows a performance summary of "achieved course standards."  However, she was informed that the corrected form cannot be filed on her OMPF until the incorrect one is removed. 

3.  The applicant provides copies of two DA Forms 1059, dated 19 January 2007, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army staff sergeant (SSG) who initially enlisted on 21 April 1994 and holds military occupational specialty 42A (Human Resources Specialist).  She served through multiple reenlistments or extensions and is currently assigned to the 30th Adjutant General Battalion, Fort Benning.


2.  The applicant's records show she was enrolled in Phase I of 42A BNCOC at the NCO Academy, Fort Benning, from 4 January 2007 to 19 January 2007 and received a performance summary of "marginally achieved course standards."  This form also shows she met academic requirements but failed to meet body fat composition standards in accordance (IAW) with Army Regulation 
(AR) 600-9 (The Army Weight Control Program).  This form is filed in the performance section of her OMPF.

3.  She submitted a second DA Form 1059, also dated 19 January 2007, which shows she achieved course standards.  

4.  Headquarters, Department of the Army (HQDA) Memorandum, dated 
10 August 2006, Subject: Physical Fitness and Height and Weight Requirement for Military Institutional Training, states that Soldiers attending institutional training including NCO Education System (NCOES) courses are still expected to meet the height and weight standards IAW Army Regulation (AR) 600-9 and physical fitness standards IAW AR  350-1 (Army Training and Leader Development).  However, the Army's policy concerning the Army Physical Fitness Test and height and weight standards applicable to institutional training is amended to reflect the following immediate change:  

	a.  Soldiers who meet academic course requirements but fail body fat composition standards will be considered an academic course graduate and receive a DA Form 1059 with item 13c marked "marginally achieved course standards" and item 16 containing the statement "13.c: Soldier met academic requirements, but failed to meet body composition standards IAW AR 600-9 during this course."  This DA Form 1059 along with the Soldier's diploma will be held at the institution until the Soldier's O-5 level commander (lieutenant colonel (LTC) for officer/warrant officer, command sergeant major (CSM) for NCO/enlisted) verifies the Army standard is met.  The Soldier's command will then submit to the proponent school supporting documents for meeting body fat composition at which time the school will issue the Soldier's DA Form 1059 as stated above and diploma. 

	b.  Although Soldiers attending institutional training must meet the height and weight standards IAW AR 600-9 and the APFT IAW AR 350-1, failing to meet those standards will not result in being removed from the course.  Instead, Soldiers will continue to receive training and their DA Form 1059 will reflect their deficiencies as specified above.  Commanders will process a Memorandum for Record to the Soldier's chain of command outlining deficiencies.  Unit commanders will have 3 months from course graduation date to ensure the Soldier has corrected the deficiencies.  If a Soldier fails to meet the standards at the end of 3 months, comments on the DA Form 1059, block 16, will make note of repetitive failure to meet standards. 

5.  On 30 October 2006, an All Army Activities (ALARACT) Message, Subject: AR 600-9, the Army Weight Control Program announced exceptions to policy for implementation of AR 600-9, dated 1 September 2006.  This regulation established new body fat calculations for military personnel.  The Message stated that effective immediately, a Soldier impacted by new calculations for estimating body fat are granted a 6-month period from 2 October 2006 to 31 March 2007 to comply with AR 600-9 body fat standards before non-punitive, adverse personnel actions are taken.  All Soldiers who were enrolled in schools for training and who met body fat standards under AR 600-9, dated 1987, but failed to meet standards under the revised AR 600-9, dated 2006, will not be affected by the new standards until 1 April 2007.

6.  An ALARACT Message, dated 1 April 2007, rescinded the HQDA memorandum, dated 10 August 2006.  This Message also stated that a Soldier enrolled in institutional training courses from 10 August 2006 to 30 September 2006 who failed the APFT or height and weight standards will be grandfathered and will have their DA Form 1059 marked "marginally achieved course standards."  Soldiers enrolled in institutional training courses from 2 October 2006 to 31 March 2007 who failed the APFT retest or height and weight standards will have their DA Form 1059 marked achieved course standards IAW a previous message which granted a 6-month period of no adverse personnel actions on Soldiers enrolled in schools. 

7.  AR 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 AR 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 AR shows the DA Form 1059 is filed in the performance section of the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant failed the height and weight requirements while attending Phase I of 42A BNCOC from 4 January 2007 to 19 January 2007.  She appears to have failed to meet body fat standards under the revised AR 600-9.  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.
2.  However, an ALARACT Message announced that all Soldiers who were enrolled in schools for training and who met body fat standards under AR 600-9, dated 1987, but failed to meet standards under the revised AR 600-9, dated 2006, were not to be affected by the new standards until 1 April 2007.  This essentially removed the entry that she marginally achieved course standards in that she met the academic requirements but failed to meet body fat standards IAW AR 600-9 and a new DA Form 1059 was generated by the same school summarizing her performance as achieved course standards.  

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.  The applicant was caught in the middle of a revised regulation with no clear implementation instructions.  A corrected DA Form 1059 was issued but it is not filed on her OMPF.  Therefore, in the interest of equity and justice, the DA Form 1059 that shows she "marginally achieved course standards" should be removed from her OMPF and the revised DA Form 1059 that shows she "achieved course standards" should replace it.

BOARD VOTE:

_____x___  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 

removing from her OMPF the DA Form 1059 that shows she "marginally achieved course standards" and adding the revised DA Form 1059 that shows she "achieved course standards." 



      _______ _   _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)                                         AR20100007483



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ABCMR Record of Proceedings (cont)                                         AR20100007483



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