BOARD DATE: 30 September 2010
DOCKET NUMBER: AR20100018297
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 two DA Forms 1059 (Service School Academic Evaluation Report) dated 19 July 1999 and 26 February 2001 from her official military personnel file (OMPF).
2. The applicant states she successfully completed the Warrior Leader Course (WLC) in August 2007.
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army for 4 years on 21 January 1994 and she completed training as an administrative specialist. She remained on active duty through reenlistments and extensions.
2. On 19 July 1999, the applicant failed to achieve course standards when she was attending the Primary Leadership Development Course (PLDC), Class
06-99. A DA Form 1059 shows she was released from the course due to failure to achieve a passing score on "Written Exam 3" after being tested twice.
3. On 26 February 2001, the applicant was attending PLDC 301 (A) when she failed to achieve course standards. The DA Form 1059 shows she was a two time "No Go" on land navigation.
4. On 7 September 2007, the applicant attended WLC, 009-07. The DA Form 1059 she was issued shows she achieved course standards.
5. The DA Forms 1059 for each of the stated courses were filed on her OMPF.
6. Army Regulation 623-1 (Academic Evaluation Reporting System) establishes the policies and procedures for the Academic Evaluation Reporting System. It also provides instructions for preparing, processing and using the DA Form 1059.
7. Army Regulation 623-1, chapter 2, paragraph 2-1, states that service schools and Noncommissioned Officer (NCO) Academy commandants are responsible for preparing the DA Form 1059 within 60 days after the student's graduation or termination from the school or academy. In preparing these reports, all significant information that can be evaluated must be reported. The same care and attention must be exercised in preparing this report as is exercised in preparing officer and NCO evaluation reports.
8. Army Regulation 600-8-104 (Military Personnel Information Management/Records) provides policy and procedure for maintenance of a Soldier's personal information. The Performance fiche (P-fiche) of a Soldier's OMPF is used to document the Soldier's performance. This regulation states, in pertinent part, that the P-fiche will be used for filing performance, commendatory, and disciplinary data. The P-fiche is routinely used by career managers and selection boards. Documents placed on the P-fiche are limited to those that provide evidence of a Soldier's demonstrated performance. These documents are used for evaluation and selection purposes. Documents will not be obliterated or moved from the P-fiche unless directed by an authority authorized to correct or move documents filed on the P-fiche.
9. Paragraph 2-4.a. states that once placed in the OMPF a document becomes a permanent part of that file. The document will not be removed from a fiche or moved to another part of the fiche unless directed by, among other agencies, the Army Board for the Correction of Military Records (ABCMR) or the OMPF custodian when documents have been improperly filed.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been considered. However, the evidence shows she failed to meet course standards in PLDC, Class 06-99 and PLDC 301 (A). She was issued two DA Forms 1059 showing this information and they were properly filed in her OMPF
2. Although the applicant subsequently achieved course standards when she successfully completed WLC 009-07, it is not a sufficient justification to warrant the requested relief.
3. The applicable regulation states that once a document has been directed for filing in the OMPF, it is presumed to be administratively correct and to have been filed in accordance with the regulation. It also states that documents will not be removed from a fiche or moved to another part of the fiche, unless directed by, among other agencies, the ABCMR, when documents have been improperly filed. There is no evidence the academic evaluation reports were improperly filed; therefore, there is no justifiable reason to remove the academic evaluation reports from the applicant's OMPF.
4. By regulation, there must be clear and compelling evidence to support the removal of a properly completed, facially valid record from a Soldiers OMPF. Absent any evidence meeting this regulatory standard, there is an insufficient evidentiary basis to support removing the document in question from the applicants OMPF.
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.
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