IN THE CASE OF:	  

		BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110017183 


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 his DA Form 1059 (Academic Evaluation Report) for the Drill Sergeant Course be moved to the restricted portion of his official military personnel file (OMPF).

2.  The applicant states, in effect, he has served honorably the past 10 years.  On 10 December 2010 he arrived back from his third deployment in Iraq.  He had not adjusted to his wife and two kids before he was told to report to Fort Jackson, SC for Drill Sergeant School in March 2011.  He was on the verge of a divorce and losing his kids so he drank to hide the pain.  He reported to physical training formation late and he was taken to the military police and administered an alcohol test which determined he had a .03 blood alcohol level.

3.  He contends he made a mistake and he has learned a great lesson from his mistake; however, he does not believe his mistake warrants a failure to achieve course standards on his DA Form 1059 and to be carried on his military record for the next ten years.  He has since saved his marriage, self enrolled in the Alcohol Substance Abuse Program (ASAP), and attends three Alcoholics Anonymous meetings a week.  

4.  The applicant provides his DA Form 1059 from Drill Sergeant Course
05-11 for the period 23 March to 8 April 2011.


CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army staff sergeant assigned to Fort Stewart, GA.  

2.  On 23 March 2011, he attended the Drill Sergeant Course, at Fort Jackson, SC.  He was released from the course on 8 April 2011 for failing to achieve course standards.  

3.  The remarks section of his DA Form 1059 states he was released from the Drill Sergeant Program in accordance with Training and Doctrine Command Regulation 350-16 (Drill Sergeant Program), paragraph 2-5c(6), for failure to maintain high standards of military appearance, courtesy, bearing, conduct, and professionalism, including noncompliance with body composition requirements in Army Regulation 600-9 (The Army Weight Control Program), table 3-1 and testing positive for drugs.  Further, his chief instructor cites the additional following infractions:

* Lack of self-discipline, maturity and professional competence
* Failure to report to his appointed place of duty
* Failure to maintain the proper wear and fit of the Class A Uniform
* Lack of motivation "by not showing up for duty again with the odor of alcohol on his breath"
* A blood alcohol level of .03

4.  This form is filed in the performance section of his OMPF.

5.  Army Regulation 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 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) shows that the DA Form 
1059 and award orders are filed in the performance section of the OMPF.

6.  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.

7.  Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files.  Chapter 7 contains the policy for appeals and petitions for removal of unfavorable information from official personnel files.  It states once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority.  Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF.  It further stipulates only letters of reprimand, admonition or censure may be the subject of an appeal for transfer to the Restricted portion of the OMPF.

DISCUSSION AND CONCLUSIONS:
1.  The applicant requests his DA Form 1059 for the Drill Sergeant Course be transferred to the restricted portion of his OMPF.

2.  The applicant's contention that he has made steps to control his substance abuse is noted but it is also noted that it has been less than 1 year since this serious infraction occurred.  The evidence of record shows he failed to achieve course standards for the Drill Sergeant Course for the period 23 March to 8 April 2011.  His DA Form 1059 shows he committed several acts of misconduct which included failure to report to his place of duty, noncompliance with body composition requirements, and abuse of alcohol.  

3.  Regulatory guidance states only letters of reprimand, admonition, or censure may be the subject of an appeal for transfer to the restricted portion of the OMPF.  Therefore, his DA Form 1059 is correctly filed and should not be transferred to the restricted section of his OMPF.  

4.  In view of the above, his request should be denied.

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)                                         AR20110017183



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ABCMR Record of Proceedings (cont)                                         AR20110017183



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