IN THE CASE OF:	  

		BOARD DATE:	  20 March 2014

		DOCKET NUMBER:  AR20140000835 


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 the DA Form 1059 (Service School Academic Evaluation Report) for the period ending 11 March 2013 currently filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File) or transfer to the restricted folder.

2.  The applicant states he attended the Advanced Leader Course (ALC) at Fort Sill, OK, and failed to meet course standards because of a medical condition.  He returned to the course later in the year and successfully completed it.  His AMHRR contains the DA Form 1059 for the first course which states "FAILED TO ACHIEVE COURSE STANDARDS" and the good one showing he passed.  He just needs the bad one removed or transferred to the restricted folder so he can reenlist.  He was told he cannot reenlist as long as the one showing he failed is visible in his AMHRR.  He attests that he has documentation from his surgery in April which states his failure of the course was caused by his medical condition.  He contends that the facts that he required surgery and subsequently passed the course justify removal or transfer of the bad DA Form 1059 so he may reenlist and continue doing what he loves, which is training Soldiers and serving his country.  It would be a different story if he didn't care enough to resolve his medical condition and had not gone back to school to successfully graduate.

3.  The applicant provides no additional evidence.


CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving as a staff sergeant in the Regular Army.

2.  His records contain a DA Form 1059, dated 11 March 2013, which shows he attended the Field Artillery Cannon Section Chief ALC from 4 March 2013 through 11 March 2013.  Item 11d (Performance Summary) of this form shows he failed to achieve course standards.  Item 14 (Comments) of this form shows he was dismissed from the course for failing to achieve course standards.  He failed both the initial and the secondary Army Physical Fitness Test.  In accordance Army Directive 2012-20, subject:  Physical Fitness and Height and Weight Requirements for Professional Military Education, signed by the Secretary of the Army and All Army Activities Message 267/20, Soldiers enrolled in professional military education schools and courses will no longer continue institutional training or remain in the course if they cannot meet physical fitness and/or height and weight requirements.  This form is filed in the performance folder of his AMHRR.

3.  He again attended the Field Artillery Cannon Section Chief ALC from 23 August through 27 September 2013.  On 27 September 2013, he achieved course standards and was issued a second DA Form 1059.  This form is also filed in the performance folder of his AMHRR.

4.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR.  Appendix B (Documents Authorized for Filing in the AMHRR and/or Interactive Personnel Electronics Records Management System), Table B-1 (Authorized Documents), shows the DA Form 1059 is filed in the performance and service folders of the AMHRR.

5.  The purpose of maintaining the AMHRR is to protect the interests of both the U.S. Army and the Soldier.  In this regard, the AMHRR 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 AMHRR.  Once placed in the AMHRR, the document becomes a permanent part of that file and will not be removed from or moved to another part of the AMHRR unless directed by an appropriate authority.

6.  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 that once an official document has been properly filed in the AMHRR, 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 AMHRR.  It further stipulates only letters of reprimand, admonition, or censure may be the subject of an appeal for transfer to the restricted folder of the AMHRR.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence to show the DA Form 1059 for the period ending 11 March 2013 was improperly issued or improperly filed in the applicant's AMHRR.

2.  In accordance with the applicable regulation, the performance folder should show a continuous record of a person's performance throughout his/her Army service.  Removal of the DA Form 1059 from the applicant's performance history would leave an undocumented period of service and would not give promotion boards and assignment managers a totally accurate indication of the applicant's past performance and his abilities for future performance.  The fact that the applicant returned to successfully complete the course should be viewed by future promotion boards and assignment managers as a tribute to his resolve to serve successfully as a Soldier and to meet Army standards.

3.  Regulatory guidance states only letters of reprimand, admonition, or censure may be the subject of an appeal for transfer to the restricted folder of the AMHRR.  Therefore, his DA Form 1059 is correctly filed and should not be transferred to the restricted folder of his AMHRR.  In view of the foregoing, 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 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)                                         AR20140000835



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ABCMR Record of Proceedings (cont)                                         AR20140000835



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