IN THE CASE OF:	  

		BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20110003319 


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 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).

2.  The applicant states he had poor instructors who did not do a good job disseminating information during the Petroleum Fuel Laboratory portion of his schooling.  He also had difficulty in understanding the instructors.  Upon his return to his command he was immediately put in for the next available class, which he passed with a 95 percent (%) grade point average (GPA).  He feels as though he has been looked upon negatively by the Master Sergeant (MSG) selection boards because of the sub-standard DD Form 1059 that is damaging to his career progression.

3.  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 2008 through 31 December 2008
* page 2 of a Field After Action Report - FY11 MSG Promotion and Selection Board

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 27 August 1991.  On 5 November 1991, he was discharged from the USAR DEP and he enlisted in the Regular Army (RA) on 6 November 1991.  He has continuously served and he is currently holding the rank/grade of sergeant first class (SFC)/E-7.

2.  The DA Form 2-1 (Personnel Qualification Record - Part II) of record does not appear to have been up dated since 27 February 2001 and his available interactive Personnel Electronic Records Management System (iPERMS) file does not include an Enlisted Record Brief (ERB).

3.  The applicant was enrolled in the Petroleum and Water Specialist Advanced Noncommissioned Officer Course (ANCOC), Fort Lee, VA, for the period
22 January through 6 March 2008.  On 26 February 2008, the applicant was disenrolled from the course for failing to achieve a 76% or more during written examinations and consequently failing its retest.  The DA Form 1059 for this course shows he failed to achieve course standards.

4.  On 22 May 2008, the applicant completed the First Sergeant Course at Fort Bliss, TX during the period 2 May through 22 May 2008.  His DA Form 1059 for this course shows he exceeded course standards.

5.  The applicant was rescheduled to attend the Petroleum and Water Specialist ANCOC during the period 18 July through 26 August 2008.  On 26 August 2008, he successfully completed the course.  The DA Form 1059 for this course shows he achieved course standards with a 95% GPA.

6.  The applicant's NCOER for the period 1 April 2007 through 31 March 2008, covering the period of the AER in question, does not reflect any negative comments.  His rater rated him as fully capable.  His senior rater rated him as a block 1 successful for overall performance; and a block 2 superior for overall potential for promotion and/or service in positions of greater responsibility.  He also received high ratings in his subsequent NCOER's with recommendations for promotion to MSG.

7.  Paragraph j of the after action report provided by the applicant states, "Soldiers need to understand failing a career enhancing course or receiving a marginal rating on a DA Form 1059 sends a negative message."

8.  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.

9.  Army Regulation 600-8-104, paragraph 2-3 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 acknowledges he did not initially complete ANCOC.  He did successfully complete the course less than 6 months later, but this does not show that there were any improper actions or inadequate instruction in his first attempt.

2.  While failing a career enhancing course or receiving a marginal rating on an AER sends a negative message, the fact that the applicant successfully completed the same course with different instructors less than 6 months later shows a dedication to his desire to excel and his command's belief in him but does not negate the fact he did initially fail the course.

3.  There is no indication that his initial failure of ANCOC has negatively impacted his promotion potential or selection for positions of greater responsibility.

4.  There is no evidence to show an error or injustice in the creation of the AER or that the inclusion of the AER has negatively impacted his career or advancement opportunities.  There is also no basis for transferring the properly filed AER to the restricted section of his OMPF.

5.  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)                                         AR20110003319



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003319



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1