IN THE CASE OF:	  

		BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100000910 


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 his DA Form 1059 (Service School Academic Evaluation Report), dated 13 February 2007, be removed from his official military personnel file (OMPF).

2.  The applicant states he had personal concerns and had to be removed from the Advanced Noncommissioned Officer Course (ANCOC).  He successfully completed the ANCOC/Senior Leader Course (SLC) on 8 October 2009 and would like to have this DA Form 1059 replace the DA Form 1059, dated 13 February 2007.  He feels he has been twice passed over for promotion due to this negative document.

3.  The applicant provides a copy of his DA Form 1059, dated 8 October 2009, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army staff sergeant (SSG) who initially enlisted on 28 May 1999.  His records show that he holds military occupational specialty 88M (Motor Transport Operator) and that he was promoted through the ranks to SSG on 1 December 2005.

2.  The applicant's records show he was enrolled in the Transportation Deployment and Distribution ANCOC at the NCO Academy, Fort Eustis, VA, from 23 January 2007 to 23 February 2007 and was disenrolled for inappropriate personal conduct.  The DA Form 1059 he was issued shows he "failed to achieve course standards."  This form is filed in the performance section of his OMPF.

3.  The applicant's records further show he was reenrolled in the Transportation Deployment Distribution SLC, Phase I, at the NCO Academy, Fort Eustis, VA, from 10 September 2009 to 8 October 2009.  The DA Form 1059 he was issued shows he achieved course standards.  This form is also filed in the performance section of his OMPF.

4.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF.  Chapter 2 provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.  Table 2-1 (Composition of the OMPF) shows that the DA Form 1059 is filed in the performance section of the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the DA Form 1059, dated 13 February 2007, should be removed from his OMPF.

2.  The evidence of record shows the applicant failed to achieve course standards for ANCOC from 23 January 2007 to 23 February 2007.  His DA Form 1059 shows his personal conduct was such that continuance in the course was not appropriate.  His subsequent successful completion the course of instruction does not warrant the removal of the initial DA Form 1059 because there is no error or injustice.  This DA Form 1059 is correctly filed in the performance section of his OMPF.

3.  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, and 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.



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)                                         AR20100000910



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100000910