PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  29 August 2002
	DOCKET NUMBER:  AR2002073081

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. Christopher J. Prosser		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), dated 27 June 1997, for the period 1 to 27 June 1997, be removed from his Official Military Personnel File (OMPF), or be transferred to his Restricted (R) fiche, of his OMPF.

3.  The applicant states he is currently a staff sergeant (SSG) stationed in Germany.  He attended the Primary Leadership Development Course (PLDC) and received a "no-go" in the land navigation portion of the course.  He arrived unprepared and untrained for the course and regrets that his leadership did not stress the importance of the training required prior to attending the course.
He attended PLDC from 6 October to 6 November 1997 and graduated as a member of the Commandant’s List.  He also was a member of the Commandant's List while attending the Basic Noncommissioned Officers Course (BNCOC).  In support of his application, he submits three DA Forms 1059 and four copies of his Noncommissioned Officer Evaluation Reports (NCOERs).

4.  The applicant's military records show he enlisted on 17 November 1993, as a supply specialist.  He continues to serve on active duty in the rank of SSG.

5.  The applicant's DA Form 1059, dated 27 June 1997, for the period 1 to 
27 June 1997, shows in item 16 (Comments) that the applicant was released from the course due to failing to achieve a passing score on the "Land Navigation Exam," after being tested three times.  

6.  The applicant also provided two additional DA Form 1059s, dated 6 November 1997 and 17 May 2002, which show that he completed PLDC and  BNCOC.  While attending both courses the applicant exceeded course standards and was twice a member of the Commandant's List.

7.  The applicant provided four copies of his NCOERs, which show that he has received successful ratings, recommendations for Drill Sergeant, and promotion to the next higher grade.

8.  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 OMPF 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 proper authorities listed in the regulation.  

9.  Table 2 of the regulation pertains to the composition of the OMPF.  It states, in pertinent part, that the DA Form 1059 will be filed on the OMPF, Performance Data Section.

CONCLUSIONS:

1.  The applicant's DA Form 1059, dated 27 June 1997, for the period 1 to 27 June 1997, was properly filed on the Performance (P) fiche of his OMPF in accordance with applicable regulations.  

2.  Considering the fact that the applicant is now two grades higher, exceeded course standards at his last two NCO schools, the DA Form 1059, dated 27 June 1997, no longer serves a useful purpose for personnel management officials.  Therefore, in the interest of justice, it would be appropriate to move the DA Form 1059, dated 27 June 1997, from the P fiche to the R fiche of his OMPF.

3.  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 for the individual concerned be corrected by moving his DA Form 1059, dated 27 June 1997, for the period 1 to 27 June 1997, from his P fiche to his R fiche of his OMPF. 

BOARD VOTE:  

__mp___  ___ho__  __cp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2002073081	
SUFFIX		
RECON		
DATE BOARDED	20020829	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR . ACTIVE DUTY	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  267		
2.		
3.		
4.		
5.		
6.