PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 April 2002                   
	DOCKET NUMBER:   AR2001065121

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, Jr.		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 Basic Noncommissioned Officer Course (BNCOC) Academic Evaluation Report (AER), DA Form 1059, for the period ending 19 August 1991 be removed from his Official Military Personnel File (OMPF).

3.  The applicant states that he was released for academic reasons and he realized at the time that it was a just rating.  He went back to the course in an attempt to correct the mistake he made and he achieved course standards.  He believes the AER could have a negative impact on him on future promotion boards.

4.  The applicant’s military records show that he enlisted in the Regular Army on 11 October 1984.  He was promoted to sergeant, E-5 in military occupational specialty (MOS) 13B (Cannon Crewmember) on 1 August 1989.

5.  On 22 July 1991, the applicant attended Field Artillery Cannon Crewmember BNCOC.  He received an AER ending 19 August 1991 indicating he failed to achieve course standards and was academically released due to failing BRM (acronym unknown) qualification on three occasions.

6.  The applicant re-attended Field Artillery Cannon Crewmember BNCOC on    11 March 1992.  He received an AER ending 24 April 1992 indicating he achieved course standards.

7.  The applicant was promoted to sergeant first class, E-7 on 1 March 1999 in MOS 13B.  

8.  Army Regulation 600-8-104 states that DA Forms 1059 will be filed on the performance fiche of the OMPF.  Paragraph 2-6d states that disciplinary information filed on the restricted fiche will be provided to the Command Sergeant Major/Sergeant Major (CSM/SGM)/SGM Academy selection and CSM/SGM retention boards to ensure the best qualified soldiers are selected for these positions of highest trust.

CONCLUSIONS:

1.  The AER for the period ending 19 August 1991 was properly filed on the applicant’s performance fiche of his OMPF; however, there is no longer any purpose for its remaining on his performance fiche.  Less than one year after he was academically released from BNCOC, the applicant re-attended and successfully completed the course, competitively re-establishing himself with his successful peers.  He has successfully continued his career.  It should no longer be a matter of interest to promotion or other selection boards that he failed this course at one time.  

2.  While the historical record of his having received the AER should be maintained and it would not be appropriate to remove this AER from his OMPF, as a matter of equity it would be appropriate to move it from his performance fiche to his restricted fiche.  Since it is not a disciplinary record, it would not be provided to a CSM/SGM promotion, school, or retention board.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by moving the AER for the period ending 19 August 1991 from his performance fiche to his restricted fiche.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rvo___  __rjw___  __dph___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001065121	
SUFFIX		
RECON		
DATE BOARDED	20020409	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	111.0200.0011	
2.		
3.		
4.		
5.		
6.