PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               29 April 2003
	DOCKET NUMBER:      AR2002079146

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Bernard P. Ingold		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 the DA Form 1059 (Service School Academic Evaluation Report) [herein identified as the "contested AER"] for the Primary Leadership Development Course (PLDC) Class Number 3-87 be removed from his Official Military Personnel File (OMPF).

3.  The applicant states that his chain of command sent him to the course with insufficient time in service and that he completed the PLDC Class Number 7-87 on 2 July 1987.  He claims that he had the contested AER removed from his records in early 1991 when he competed for the Sergeant First Class Promotion Board.  He states that the contested AER has not shown up on his microfiche until the OMPF was on-line.  He contends that the contested AER could impact the boards decision on selection for promotion to sergeant major.  He claims that his main concern is the derogatory information, "failed to achieve course standards."  In support of his application, he submitted a copy of the contested AER and his AER for the period 5 May 1987 through 2 July 1987.

4.  The applicant’s military records show that he enlisted in the Regular Army on 19 March 1985.  He has continued to serve on active duty through a series of reenlistments and is currently assigned to Fort Drum, New York, in the rank of master sergeant.

5.  On 20 January 1987, the applicant received the contested AER and the preparing official marked the block "failed to achieve course standards" in item 13 (Performance Summary).  Under item 16 (Comments), the preparing official indicated that the applicant was released administratively from the PLDC Class 3-87 for failure to meet a prerequisite required for enrollment into the course. He further indicated that the applicant successfully completed all requirements to this point which consisted of classroom studies and one written examination covering Physical Training, Drill and Ceremonies, Wearing of the Uniform, Communication and Introduction to PLDC.  The preparing official recommended that the applicant return to PLDC when eligible for enrollment.

6.  Records show the contested AER was properly filed in the performance section of the applicant's OMPF.  There is no evidence of record which shows that the applicant petitioned the DA Suitability Evaluation Board for removal of the contested AER.

7.  The applicant successfully completed PLDC on 2 July 1987 and was issued an AER for the period 5 June 1987 through 2 July 1987.

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 Official Military Personnel File 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 Army Board for Correction of Military Records, the Department of the Army Suitability Evaluation Board, Army appeals board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, the Official Military Personnel File custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center and Chief of the Appeals Branch of the National Guard Personnel Center.

CONCLUSIONS:

1.  The Board considered the applicant's request for removal of the contested AER.

2.  Records show the applicant was administratively released from the PLDC Class Number 3-87 on 20 January 1987 for failure to meet a prerequisite required for enrollment into the course.

3.  The applicant successfully completed the PLDC in July 1987.  He received an AER covering the period 5 June 1987 through 2 July 1987 and it was properly filed in his OMPF.

4.  While there does not appear to be any regulatory basis for removing the contested AER, there are equitable reasons for its transfer to the restricted portion of his OMPF, particularly since he successfully completed PLDC.

5.  In view of the facts, the Board determined it would be in the interest of justice to transfer the contested AER from the performance section of the applicant's OMPF to the restricted section of his OMPF.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by transferring the AER covering the period 16 January 1987 through 20 January 1987 from the performance fiche to the restricted fiche of the OMPF of the individual concerned.

2.  That so much of the application as it relates to removal of the contested AER entirely from the OMPF is denied.

BOARD VOTE:  

JNS_____  TL______  BPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR2002079146	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030429 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	126.0400	
2.		
3.		
4.		
5.		
6.