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Decision Text

ARMY | BCMR | CY2012 | 20120001285
Original file (20120001285.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120001285 


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 17 March 2007 academic evaluation report (AER) for the drill sergeant school be removed from his record.

2.  The applicant states he received a "Failed to Achieve Course standards" AER because of personal hardship.  He was dropped from the course at the end of Phase I.  He completed Phase II with another class, but returned to finish Phase III with his original class.  He believes that the existence of the original "Failed" AER in his record will prevent him from being selected for promotion to sergeant first class.

3.  The applicant provides, in support of his appeal, copies of both the 17 March 2007 "Failed" AER and the 28 July 2007 "Achieved Course Standards" AER.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a career U.S. Army Reserve (USAR) Soldier, was enrolled in Drill Sergeant School Course (RC) 07-01.  The stated duration was from
15 January 2007 through 28 July 2007.

2.  The 17 March 2007 AER shows that the applicant was released from the course due to personal hardship.  The AER indicated that it was a referred report and that the applicant chose not to make any comments.  It also indicated that a determination as to whether or not the individual had demonstrated further potential was not applicable in this instance.

3.  The 28 July 2007 AER shows that the applicant achieved course standards in Drill Sergeant School Course (RC) 07-01 and that the duration of the course was from 15 January 2007 through 28 July 2007.

4.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) provides guidance on the selection of enlisted Soldiers for assignment utilization, reclassification, detail, transfer, and training.  Paragraph 8-17a(10) provides that a colonel-level authority may remove a Soldier from the drill sergeant school for personal hardship.

DISCUSSION AND CONCLUSIONS:

1.  The applicant believes that the existence of the original "Failed" AER in his record will prevent him from being selected for promotion to sergeant first class.

2.  The totality of the 17 March 2007 AER neither conveys nor suggests a negative connotation of the event.  It simply communicates that the applicant was removed from the school for personal hardship and that the action conveyed no indication of his potential for higher level assignments.

3.  The 28 July 2007 AER conveys that the applicant successfully completed the same course from which he had earlier been removed.  Furthermore, this successful completion occurred on the same date that was indicated as the original end date of the course.

4.  The 17 March 2007 AER in and of itself is not derogatory, negative or harmful.  Taken together the two AER's tell a complete story of what happened.  Considering the very real possibility that someone will remember and raise the issue of the applicant having been removed from the drill sergeant course, he is better off if the complete story remains intact in his record.  

5.  There is no rationale to support the conclusion that the circumstances warrant the 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)                                         AR20120001285





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ABCMR Record of Proceedings (cont)                                         AR20120001285



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