IN THE CASE OF:
BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120020635
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 amendment of item 11 (Performance Summary) of his DA Form 1059 (Service School Academic Evaluation Report) for Field Artillery Cannon Section Chief, Basic Noncommissioned Officer Course (BNCOC) Class #710-07 for the period 30 August to 14 September 2007 to show he "Achieved Course Standards."
2. The applicant states he was told his DA Form 1059 was marked, "Marginally Achieved Course Standards" because he failed to meet height and weight standards according to Army Regulation 600-9 (The Army Weight Control Program). He was given a body fat percentage screening which he failed. However, he was given 7 days to meet the height and weight standards based on body fat percentage without negative action. In those 7 days he was rescreened and met the height and weight standards. According to All Army Activities (ALARACT) Message 075/2007 and the relevant academy policy letters he should not have received a marginal rating on this academic evaluation report. Instead he should have received an "Achieved Course Standards" rating. He states block 14 (Comments) is annotated that he failed to meet body composition standards during the course but passed a subsequent height and weight screening. However, at the bottom right corner of block 14 it shows his height and weight and indicates that he did meet height and weight as well as body fat standards. Therefore, the marginal rating should be changed to show "Achieved Course Standards" in block 11.
3. The applicant provides:
* DA Form 1059
* U.S. Army Noncommissioned Officer Academy Policy Letter #9
* U.S. Army Noncommissioned Officer Academy Policy Memorandum #2
CONSIDERATION OF EVIDENCE:
1. He enlisted in the Regular Army on 23 July 2002. He has served continuously through reenlistments and is currently serving on active duty as a staff sergeant.
2. The DA Form 1059 he provided shows he was enrolled in BNCOC during the period 30 August to 14 September 2007. In item 11, box c "Marginally Achieved Course Standards" is checked. Block 14, bullet 11c states he met academic requirements and failed to meet body composition standards in accordance with Army Regulation 600-9 during the course, but passed subsequent height and weight.
3. His DA Form 1059 shows he received two satisfactory and one superior rating in block 12 (Demonstrated Abilities) and he had a 97.5 percent academic average. The bottom right corner of block 14 shows he met the height and weight standards.
4. Army Regulation 350-1 (Army Training and Leader Development) states Soldiers attending military schools and institutional training courses, in either a permanent change of station or temporary duty status, which require preparation of a DA Form 1059 will be administered height and weight screening as a mandatory course requirement.
5. ALARACT Message 075/2007, Subject: Physical Fitness and Height and Weight Requirements for Institutional Training, amended the Army's policy concerning the height and weight standards applicable to institutional training articulated in Army Regulation 350-1, dated 13 January 2006. This message stated that effective 1 April 2007, Soldiers were allowed one re-screening. It would be administered no earlier than 7 days after the initial failure to meet body fat standards. Soldiers who failed to meet the body fat standards of Army Regulation 600-9 would be considered an academic course graduate, but item 11c of their DA Form 1059 would be marked "Marginally Achieved Course Standards" and item 14 would be marked "Failed to Meet Body Fat Composition Standards."
DISCUSSION AND CONCLUSIONS:
1. He contends that upon re-screening during his BNCOC training from 30 August to 14 September 2007 he met the height and weight standards of Army Regulation 600-9. The first bullet comment in block 14 indicates he failed to meet the height and weight standards of Army Regulation 600-9. However, the bottom right corner of block 14 indicates he met the height and weight standards of Army Regulation 600-9 before completion of the course.
2. His DA Form 1059 for this course shows no other derogatory information that would justify a marginal rating. Therefore, based on the policy in effect at the time, it would be appropriate to change item 11 of his DA Form 1059 to show item 11b "Achieved Course Standards" was checked instead of item 11c.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 11 of his DA Form 1059 for the period 30 August to 14 September 2007 to show item 11b "Achieved Course Standards" was checked instead of item 11c.
_______ _ _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) AR20120020635
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