PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                27 June 2002
	DOCKET NUMBER:       AR2002070881

	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	
	Ms. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Richard T. Dunbar		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 the Service School Academic Evaluation Report (AER) (DA Form 1059) covering the period 20 April 1994 through 11 May 1994 [herein identified as the "contested AER"] be removed from his Official Military Personnel File (OMPF) or transferred to the restricted fiche of his OMPF.

3.  The applicant states that he has completed the Basic Noncommissioned Officer Course (BNCOC).  In support of his application, he submits a copy of a diploma from the U.S. Army Noncommissioned Officer (NCO) Academy and a DA Form 1059 for the period 11 March 1996 through 30 April 1996.

4.  The applicant’s military records show that he enlisted in the Regular Army on 25 September 1986 and completed infantry training.  He has continued to serve on active duty through a series of reenlistments and is currently assigned to Fort Benning, Georgia, in the rank of staff sergeant (SSG).

5.  Records show that the applicant was notified on 15 December 1993 that he had met the promotion board cut-off scores for promotion to the rank of SSG for 1 January 1994.  He was selected for attendance to the BNCOC Resident Class Number 2-94 for the period 20 April 1994 through 9 June 1994.

6.  On 11 May 1994, the applicant was notified by the Commandant of the NCO Academy that he had been released from the BNCOC Class Number 2-94 for academic reasons.  The Commandant informed the applicant that soldiers released for academic reasons could reenter the course when the Commandant and Unit Commander felt the soldier was prepared to successfully complete the course.  On the same day, the applicant acknowledged receipt of the letter of release and elected not to submit an appeal. 

7.  On 11 May 1994, the applicant received the contested AER and the preparing official marked the block "failed to achieve course standards" in 
item 13 (Performance Summary).  In item 16 (Comments), the preparing official indicated that the applicant was a second time failure on the Written Examination Career Management Field (Land Navigation).  

8.  After signing the referred report, the reviewing official (the Commandant of the NCO Academy) referred the report and memorandum to the applicant for acknowledgement and comment.  The applicant acknowledged receipt of the report and elected not to submit statements in his own behalf.

9.  Records show that the contested AER and all related documents were properly filed in the performance section of the applicant's OMPF.  There is no evidence of record which shows that the applicant petitioned the DA Suitability Evaluation Board for removal or transfer of the contested AER to his restricted fiche.

10.  The applicant successfully completed BNCOC on 30 April 1996 and was issued an AER for the period 11 March 1996 through 30 April 1996.

11.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by: the Army Board for Correction of Military Records, the Department of the Army Suitability Evaluation Board, Army appeals board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, the Official Military Personnel File custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center and Chief of the Appeals Branch of the National Guard Personnel Center.

12.  Army Regulation 351-1 (Individual Military Education And Training) provides the policies and procedures for individual military education and training.  It states, in pertinent part, that students may be removed from Noncommissioned Officer Education System (NCOES) courses by the service school or NCO Academy commandant before course completion for disciplinary reasons, lack of motivation, other valid reasons, such as illness or injury, and academic deficiencies.  Soldiers eliminated for cause may, by appropriate authority, be removed from the Army standing promotion list, barred from reenlistment, received nonjudicial punishment, or be reclassified.

CONCLUSIONS:

1.  Records show the applicant was released from the BNCOC on 11 May 1994 for academic reasons.  

2.  The contested AER and all related documents were properly filed on the performance fiche of the applicant's OMPF.

3.  The applicant successfully completed the BNCOC in May 1996.  He received an AER covering the period of the course and it was properly filed in his OMPF.

4.  While there does not appear to be any regulatory basis for removing the contested AER, there are equitable reasons for its transfer to the restricted portion of his OMPF, particularly since he has now successfully completed BNCOC.

5.  In view of the facts, the Board determined it would be in the interest of justice to transfer the contested AER and all related documents from the performance section of the applicant's OMPF to the restricted section of his OMPF.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by transferring the AER covering the period 20 April 1994 through 11 May 1994, and all related documents from the performance fiche to the restricted fiche of the OMPF of the individual concerned.

BOARD VOTE:  

INW_____  RTD____  KAN____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Irene N Wheelwright___
		        CHAIRPERSON

INDEX

CASE ID	AR2002070881	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020627	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	126.0400	
2.		
3.		
4.		
5.		
6.