IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20110024415 


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 a DA Form 1059 (Service School Academic Evaluation Report) for the period 11 October 2006 through
14 December 2006 from her Official Military Personnel File (OMPF).  In the alternative, if not removed, she requests it be transferred to the restricted section of her OMPF.

2.  The applicant states:

	a.  the DA Form 1059 is filed in the performance section of her OMPF and adversely affects her military career.  She is a two-time non-select for the rank of major.  In 2010 she was a non-select due to her military education.  Her request for an educational waiver was denied.

	b.  in 2011 she was a non-select due to two documents missing from her board file and the subject DA Form 1059.  The DA Form 1059 was very harshly written with the intent to end her military career.  Over the past 5 years all of her Officer Evaluation Reports (OERs) have rated her as "Outstanding Performance, Must Promote," even the OER received in 2006/2007.

	c.  she has completed the requirement of the Captain's Career Course and this DA Form 1059 has affected her promotion to major.  Since the DA Form 1059, she has completed the Logistics Captains' Career Course and she is currently studying at the National Defense University at Fort McNair, VA.


	d.  she has tried to have the DA Form 1059 placed into her restricted section, but to no avail.

3.  The applicant provides:

* The DA Form 1059 in question
* Five OERs
* A DA Form 1059 for the period 29 November 2010 through 10 December 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant in the Army National Guard on 15 December 1996.  She was promoted to captain on 23 January 2004.
 
2.  The DA Form 1059 in question shows she attended the Public Affairs Officer Qualification Course from 11 October 2006 through 14 December 2006.  The form shows in:

	a.  Item 11 (Performance Summary) she failed to achieve course standards.

	b.  Item 12a (Written Communication) she was rated UNSAT (unsatisfactory).

	c.  Item 12b (Oral Communication) she was rated SAT (satisfactory).

	d.  Item 12c (Leadership Skills) she was rated UNSAT.

	e.  Item 12d (Contribution to Group Work) She was rated SAT.

	f.  Item 12e (Evaluation of Student's Research Ability) she was rated SAT.

	g.  Item 14 the following comments:

		(1)  she failed to achieve the course standards.  During the course, she demonstrated moral and character deficiencies, as demonstrated by her violation of the school house's plagiarism policy in functional area 4, speech writing and public speaking.

		(2)  her submission of a speech manuscript containing material not her own and not attributed to the source she drew the information from was a clear violation of the school house's plagiarism policy, demonstrating moral and character deficiencies unbecoming of a U.S. Army officer.

		(3)  based on her demonstrated moral and character deficiencies, which is a direct reflection of her leadership ability, it is highly recommended she be barred from entry into any military school.

		(4)  she is exempt from the Army Physical Fitness Test requirement.

3.  The DA Form 1059 was referred to the applicant on 21 November 2006.  She acknowledged receipt of the form and elected to make a statement.  In summary, she stated:

* She fully accepts responsibility for her actions
* She disagrees with the information stating she demonstrated moral and character deficiencies and the recommendation she be barred from entry into any military school
* she has made tremendous improvements in learning the criteria outlined in the Public Affairs Officer Qualification Course
* she has a high level of dedication, leadership, mentorship, and devotion to the Army mentorship and devotion to the Army, to her command, Soldiers, peers and family
* she would not purposely plagiarize someone’s work without giving credit
* she was not aware of the requirement to turn in her manuscript immediately following her speech
* she does not take the standards and requirements of the Defense Information School lightly
* she has a solid career as a Soldier and has learned tremendously from this mistake

4.  She provided five OERs covering the period 1 October 2006 through 30 September 2010 that show she was rated "Outstanding Performance, Must Promote" by her rater and "Best Qualified" by her senior rater.

5.  On 30 April 2012, she was transferred to the Retired Reserve (non-selection for promotion).

6.  A review of the applicant's performance section of her OMPF on the interactive Personnel Electronic Records Management System (iPERMS) revealed a copy of the contested DA Form 1059.

7.  Army Regulation 623-3 (Evaluation Reporting System) states an evaluation report accepted by Headquarters, Department of the Army and included in the official record of a rated Soldier is presumed to be administratively correct; have 


been prepared by the properly designated rating officials; and represent the considered opinions and objective judgment of the rating officials at the time of preparation.  Requests that an evaluation report in a Soldier’s OMPF be altered, withdrawn, or replaced with another report will not be honored.  The regulation also states that the burden of proof rests with the applicant.  Accordingly, to justify deletion or amendment of a report, the applicant will produce evidence that clearly and convincingly establishes that:

	a.  the presumption of regularity referred to in paragraphs 3-39 and 6-7 will not be applied to the report under consideration, and

	b.  action is warranted to correct a material error, inaccuracy, or injustice.

8.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, the military personnel records jacket, the career management individual file, and Army personnel qualification records.  Paragraph 2-4 states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the Army Board for Correction of Military Records, Department of the Army Suitability Evaluation Board, Army Appeals Board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, OMPF custodian when documents have been improperly filed, Total Army Personnel Command as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center, and Chief of the Appeals Branch of the National Guard Personnel Center.

9.  Army Regulation 600-8-104, Table 2-1 states that DA Forms 1059 will be filed in the performance section of the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and her OERs were carefully considered.  However, there is insufficient evidence to show the markings and comments from her instructor/rater were inappropriate on the contested DA Form 1059.

2.  The contested DA Form 1059 was prepared by the properly-designated rating officials and is properly filed in the performance section of the applicant's OMPF in accordance with the governing regulation.  There is no evidence it was improperly prepared or filed.

3.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20110024415



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ABCMR Record of Proceedings (cont)                                         AR20110024415



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