PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  21 December 2000
	DOCKET NUMBER:  AR2000046138

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

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Ernest W. Lutz		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his DA Form 1059 (Service School Academic Evaluation Report (AER)), dated 16 November 1984, showing release for disciplinary reasons from the Primary Technical Course (PTC), Class 85-1 be expunged from his Official Military Personnel File (OMPF).

3.  The applicant states that the DA Form 1059 was submitted erroneously, that the error was not detected, and it will hinder his career and promotion potential.

4.  The applicant’s military records show that he enlisted and served in the Regular Army from 19 March 1980 to 13 January 1987.  He is currently serving a Reserve Active Guard/Reserve Program tour.

5.  On 16 November 1984, he was issued a DA Form 1059 for the period          12 October to 9 November 1984, showing his release from the PTC for disciplinary reasons.

6.  On 7 December 1984, he was issued a DA Form 1059 for the period            15 October to 4 December 1984, showing he marginally achieved course standards and indicating that he was not recommended for further schooling until his commander determined that his attitude and motivation had been corrected.  Further, it indicated that he displayed a lack of motivation and self-discipline and conduct unbecoming to a noncommissioned officer.

7.  On 7 December 1984, the applicant was issued a certificate showing him to be a graduate of the PTC at the US Army Armor School on 7 December 1984.

8.  Army Regulation (AR) 600-8-104 (Military Personnel Information Management/Records) and AR 15-185 (Army Board for Correction of Military Records) provides that an application for correction of military records, associated documents, and the decision pertaining thereto will normally be filed in the OMPF of the individual concerned.  In those cases where such action would tend to nullify the relief provided, the documents will be returned to the Board for permanent filing.

CONCLUSIONS:

1.  The evidence of record clearly shows the 16 November 1984 AER was overcome by the later report dated 9 December 1984, and should therefore be expunged.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records of the individual concerned and related to this case be corrected by expunging the DA Form 1059, for PTC, Class 85-1, dated 16 November 1984 from his OMPF.

2.  That in accordance with AR 15-185, following completion of the administrative corrections directed herein, the proceedings of the Board and all documents related to this appeal be returned to this Board for permanent filing.

BOARD VOTE:  

___kk___  __gw___  __el____ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		___Karol A. Kennedy___
		        CHAIRPERSON

INDEX

CASE ID	AR2000046138	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001221	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.100	AER Removal	
2.		
3.		
4.		
5.		
6.