BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160013889 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160013889 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. BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160013889 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 that a DA Form 1059 (Service School Academic Evaluation Report) for the period 6 January 2015 through 16 January 2015 be removed from his official military personnel file (OMPF). 2. The applicant states he received a "Failed to Achieve Course Standards" DA Form 1059. He was released from the Maneuver Senior Leaders Course (MSLC) for failing to meet Army Physical Fitness Test (APFT) standards. a. He returned and passed MSLC 18 months later, and now he has two DA Forms 1059 for the same course in his record. He is requesting to have the DA Form 1059 for the period ending 16 January 2015 (contested DA Form 1059) removed from his OMPF. b. While he understands the importance of maintaining the standard at all times, he believes returning to the MSLC was his only opportunity to correct his short coming. He returned and graduated with a 95.5 gross percentage average, and received 4 out 5 superior ratings. c. Since his release from MSLC, he has passed every APFT. Removing the document will give him the chance to continue his career without facing a qualitative service program (QSP) or a qualitative management program (QMP) board. d. He was flagged and barred from reenlisting after being released from the MSLC, and told several times that he would likely be separated from the service. He stayed optimistic and continued to be a leader, and most of all, a Soldier. He continued to work hard, improve on his errors, and become better by learning from his mistakes. e. Failing MSLC the first time was a huge mistake. A mistake that involved several lessons learned. He had difficult obstacles to overcome, and months of uncertainty about his career. He has learned from his mistake and hopes to have the contested DA Form 1059 removed so that he does not face anymore repercussions. 3. The applicant provides DA Forms 1059 for the periods 6 January 2015 through 16 January 2015, and 3 May 2016 through 21 June 2016 in support of his application. CONSIDERATION OF EVIDENCE: 1. After serving with the Texas Army National Guard (TXARNG) the applicant enlisted in the Regular Army on 25 January 2007, in military occupational specialty 11B (Infantryman). 2. A DA Form 1059 was issued to the applicant for the period 6 January 2015 through 16 January 2015. This form shows the applicant failed to achieve MSLC course standards due to receiving a second APFT failure. It is filed in the performance section of the applicant's OMPF. 3. A second DA Form 1059 was issued to the applicant for the period 3 May 2016 through 21 June 2016. This form shows the applicant achieved MSLC course standards. It is also filed in the performance section of the applicant's OMPF. 4. A DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 June 2017 shows the applicant was honorably released from active duty under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 16-1A, because he accepted a warrant officer appointment in the Army. He is currently assigned to Fort Rucker, AL, for training. REFERENCES: Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes the policies governing the OMPF, the military personnel records jacket, the career management individual file, and Army personnel qualification records. Paragraph 3-6 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. Table 3-1 (Composition of the OMPF) of this regulation shows that a DA Form 1059 is to be filed in the performance section of the OMPF. DISCUSSION: 1. The applicant's request to remove DA Form 1059 for the period 6 January 2015 through 16 January 2015 from his OMPF was carefully considered. He contends the contested DA Form 1059 should be removed because he passed the course 18 months later, and he does not want to face any repercussions resulting from having the contested NCOER in his OMPF. 2. There is no evidence the contested DA Form 1059 was improperly issued or that it was improperly filed in the applicant's OMPF. The applicant confirmed he failed two APFTs and was released from the course accordingly. 3. In accordance with the applicable regulation, the performance folder should show a continuous record of a person's performance throughout his/her Army service. The removal of the DA Form 1059 from the applicant's performance history would leave an undocumented period of service and would not give promotion boards and assignment managers a totally accurate indication of the applicant's past performance and his abilities for future performance. The fact the applicant returned to MSLC and was successful in completing the course should be viewed by future promotion boards and assignment managers as a tribute to his resolve to serve successfully as a Soldier and to meet the Army standards. He is currently receiving training as a warrant officer. 4. 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 did not submit evidence that would satisfy this requirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013889 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2