MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 June 2000
	DOCKET NUMBER:   AR1999024844

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon 		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That her academic evaluation report (AER) be corrected to reflect a passing score of 70.0% and that she receive credit for having completed the Officer Basic Course (OBC).

APPLICANT STATES:  That she failed OBC because she did not receive academic assistance from her instructors.  She states that she complained to the course director of favoritism and grade manipulation by her class advisor and the course director ordered additional academic assistance and several retests.  She was promptly retested, but did not receive the academic assistance because her class advisor was angry with her for complaining about him.  Although she was never given the opportunity to review her results, she was told that she failed the retests and the subject AER was forwarded to the Army Reserve Personnel Center (ARPERCEN).  She adds that her original AER (67.8 percent) was also sent to ARPERCEN as a deliberate act to injure her.

In support of her request, the applicant submits a copy of her appeal of her AER; a copy of each of her OBC AERs; her DD Form 214 (Certificate of Release from Active Duty); a copy of her student evaluation plan; a memorandum from her class advisor placing her on academic probation; an Individual Active Duty Certificate of Performance; a sworn statement from a classmate corroborating her allegations of wrongdoing by her class advisor; and 23 pages of personal military documents.

EVIDENCE OF RECORD:  The applicant's military records show:

With 15 years of prior US Army Reserve (USAR) enlisted service, she was appointed a Reserve commissioned officer in the rank of second lieutenant, Medical Service Corps, on 1 October 1996.

On 14 January 1997, the applicant was ordered to active duty for training for the period 16 March 1997 to 30 May 1997 for the purpose of attending the Army Medical Department OBC at Fort Sam Houston, Texas.

On 16 May 1997, the applicant was placed on academic probation by her class advisor.  She was informed by memorandum that, as an exception to the Student Evaluation Plan, she would be allowed to retest on Exam 4, the Combined Arms Quiz, and the OFS quiz on 28 May 1997.  She was told that she must score 22 points over her current score in order to pass OBC.  She was also informed that she would study on her own and with members of the academic committee in order to prepare for the retest.  Arrangements would be made for her to meet with the primary instructors for classes in which she was having difficulties.  The applicant acknowledged receipt of the memorandum.

On 30 May 1997, an AER was submitted to ARPERCEN showing that the applicant failed to achieve course standards.  Her score of 67.8 percent did not meet the minimum requirement of 70 percent.  The report was prepared and authenticated by the course director, and reviewed by the Dean, Academy of Health Sciences.

Later, on 12 November 1997, a second AER for the OBC was submitted to ARPERCEN showing that the applicant failed to achieve course standards. Her score was elevated to 69.7 percent, but still did not meet the minimum requirement of 70 percent.  The report was prepared by the deputy course director and reviewed by the Dean, Academy of Health Sciences.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s charges of favoritism, score fixing and lack of academic assistance are unsupportable.  There is no evidence of record, nor has the applicant provided any, to substantiate her allegations.

2.  There is no basis to the applicant’s contention that the first AER (67.9%) showing her OBC failure was sent to ARPERCEN as a deliberate act by her class advisor.  The AER was prepared and authenticated by her course director and reviewed by the Dean, Academy of Health Sciences, before it was forwarded to ARPERCEN.  The second, corrected AER showing a course average of 69.8 percent was forwarded later.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__eb____  __jhk____  ___bje __  DENY APPLICATION

    Carl W. S. Chun
    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999024844	
SUFFIX		
RECON		
DATE BOARDED	20000613	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	111.01	
2.		
3.		
4.		
5.		
6.