BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20170007023 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: 1 August 2017 DOCKET NUMBER: AR20170007023 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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: 1 August 2017 DOCKET NUMBER: AR20170007023 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 correction of his Official Military Personnel File (OMPF) by removing the DA Form 1059 (Service School Academic Evaluation Report (AER)), dated 25 August 2010. 2. The applicant states the AER, dated 25 August 2010, should be removed because it was placed in his record with the new AER. He contends there cannot be two AERs in his record for the same course. 3. The applicant indicates he submitted both AERs discussed above; however, they were not received. CONSIDERATION OF EVIDENCE: 1. At the time of his application, the applicant was serving in the Regular Army in the rank of staff sergeant/pay grade E-6. 2. A review of the applicant's OMPF revealed the following documents: a. an AER showing he was enrolled in the Military Police Advanced Leader Course (MPALC), Class Number 011-10, from 10 August to 29 September 2010. The AER indicates he failed the course due to not achieving course standards. He was released from the MPALC for disciplinary reasons based on his personal conduct. He was rated as unsatisfactory in leadership skills, satisfactory in oral communication, contribution to group work and research ability. He could be considered for course attendance after he reappeared before a local promotion board; and b. an AER showing he was enrolled in the MPALC, Class Number 008-11, from 19 April to 3 June 2011. The AER indicates he exceeded course standards. He passed the Army Physical Fitness Test and was rated superior in all areas evaluated. REFERENCES: 1. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides that all personnel information recorded under the authority of this regulation is the property of the U.S. Government. a. Once recorded, it will not be removed except as provided by law or this regulation. b. Once placed in the OMPF, the document becomes a permanent part of that file. The document will not be removed from or moved to another part of the OMPF unless directed by one or more of the following: * Army Board for Correction of Military Records * Department of the Army Suitability Evaluation Board * Chief, Appeals and Corrections Branch, U.S. Army Human Resources Command * Commander, U.S. Army Human Resources Command, as an approved policy change to this regulation 2. Army Regulation 623-3 (Evaluation Reporting System), then in effect, provided that the commandant was responsible to ensure that for active duty personnel, AERs would be prepared within 60 days after the student's graduation or termination from the school or academy. In preparing these reports, all significant information that can be evaluated would be reported. The same care and attention was to be exercised in preparing this report as exercised in preparing officer and noncommissioned officer evaluation reports. DISCUSSION: 1. The applicant contends the AER ending on 25 August 2010 should be removed from his OMPF because he subsequently returned to the school and passed the MPALC. 2. The evidence shows the applicant attended the MPALC from 10 August through 29 September 2010 and he failed the course due to unacceptable personal conduct. He returned to the same course from 19 April through 2 June 2011 and he passed the course. Both AERs are properly filed in his OMPF. A review of the AERs failed to show any factual errors or inappropriate entries that would support the modification or removal of either report. 3. To justify removal of an AER from the OMPF, the applicant must produce clear and convincing evidence showing the presumption of regularity should not be applied to the report. In this case, the applicant has failed to do so. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170007023 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170007023 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2