IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100013659 


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 removal of a DA Form 1059 (Service School Academic Evaluation Report), signed on 19 October 2006, from his Official Military Personnel File (OMPF).

2.  The applicant states he should not have been issued a DA Form 1059 because he was unqualified upon arrival at Drill Sergeant School.

3.  The applicant provides:

* his DA Form 1059, signed on 19 October 2006
* excerpts from Army Regulation 614-200 (Enlisted Assignments and Utilization Management)

CONSIDERATION OF EVIDENCE:

1.  The applicant is a staff sergeant currently serving on active duty.

2.  A DA Form 1059, signed on 19 October 2006, from the Drill Sergeant School indicates the applicant was not evaluated on any demonstrated abilities.  The period of report was from 18 - 19 October 2006.  A note in item 14 (Comments) stated the applicant was released in accordance with Army Regulation 614-200, paragraph 8-17a(1), for exceeding body fat standards.

3.  Paragraph 8-17a(1) of Army Regulation 614-200 states that a Soldier may be removed from the Drill Sergeant Program if they arrive unqualified at the Drill Sergeant School.

4.  Paragraph 8-17a(1) of Army Regulation 614-200 states a DA Form 1059 will be completed for Soldiers (excluding those who were unqualified upon arrival) removed from the Drill Sergeant School.  Names of Soldiers who were unqualified upon arrival at Drill Sergeant School will be reported, in writing, to Human Resources Command (HRC).

5.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides in Table 2-1 (Composition of the OMPF) that DA Forms 1059 are filed in the Performance Section of the OMPF.  This regulation also provides that once filed, such documents become a permanent part of the OMPF and may only be removed by one of several agencies, one of which is the Army Board for Correction of Military Records (ABCMR).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the DA Form 1059, signed on 19 October 2006, should be removed from his OMPF.

2.  Based on the period covered by the DA Form 1059, it is clear the applicant was unqualified upon arrival at the Drill Sergeant School due to his exceeding body fat standards.  According to the regulation, the applicant's name would be reported to HRC; however, he was excluded from receiving a DA Form 1059.

3.  In view of the above, it is appropriate to remove the DA Form 1059 signed on 19 October 2006 from the applicant's OMPF.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the DA Form 1059, signed on 19 October 2006, from the applicant's OMPF.



      _______ _   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)                                         AR20100013659





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ABCMR Record of Proceedings (cont)                                         AR20100013659



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