IN THE CASE OF:
BOARD DATE: 7 April 2015
DOCKET NUMBER: AR20150004398
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 DA Form 1059 (Service School Academic Evaluation Report) for the period ending 31 May 2012, currently filed in her Official Military Personnel File (OMPF) be removed.
2. The applicant states the presence of the contested DA Form 1059 in her military record diminishes her record and may create an inaccurate perception of her performance and character as a noncommissioned officer. The DA Form 1059 may affect future promotions despite ultimately exceeding the course standards in fiscal year 2013.
3. The applicant provides a self-authored statement and numerous documents from her OMPF.
CONSIDERATION OF EVIDENCE:
1. The applicant is a staff sergeant serving in the Regular Army in military occupational specialty 42A (Human Resources Specialist).
2. On 21 May 2012, she attended the Advanced Leader Course (ALC) (42A) Class 028-12. On 31 May 2012, she was released from the course for failing to achieve course standards and issued a DA Form 1059. The form is filed in the performance folder of her OMPF
3. She again attended the ALC (42A) Class from 1 July through 16 August 2013 and she exceeded the course standards. She was placed on the Commandant's List, was selected as the Distinguished Honor Graduate, received the Distinguished Leadership Award, and was issued a DA Form 1059. This form is filed in the performance folder of her OMPF.
4. Army Regulation 600-8-104 (AMHRR Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF. Appendix B (Documents Authorized for Filing in the OMPF 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 OMPF.
5. 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, 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.
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 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 folder of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence that the DA Form 1059 for the period ending 31 May 2012 was improperly issued or that it was improperly filed in the applicant's OMPF.
2. In accordance with the applicable regulation, the performance folder should show a continuous record of a Soldier's performance throughout his/her Army service. The removal of the contested 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 her abilities for future performance. The fact that the applicant returned to successfully complete and exceed the course standards should be viewed by future promotion boards and assignment managers as a tribute to her resolve to serve successfully as a Soldier and to meet the 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 OMPF. Therefore, her DA Form 1059 is correctly filed and should not be removed or transferred to the restricted folder of her OMPF. In view of the foregoing, her 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) AR20150004398
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