IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160004210 BOARD VOTE: ____X_____ ___X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160004210 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 11 January 2012 DA Form 1059 (Service School Academic Evaluation Report) from his records. ______________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. IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160004210 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 from his record of the 11 January 2012 DA Form 1059 (Service School Academic Evaluation Report (AER)). 2. The applicant states he received two DA Forms 1059 from Drill Sergeant School with the first stating he did not meet course requirements. He went back to Drill Sergeant School, met all requirements to graduate, and received a second DA Form 1059 stating he met all course requirements. He believes the first form should have been removed from his records once he graduated from the course in 2013. His senior instructor said that the old DA Form 1059 would be removed from his records. He has served honorably the last two years as a Drill Sergeant. 3. The applicant provides no additional supporting documents. CONSIDERATION OF EVIDENCE: 1. The applicant, with prior service, enlisted in the Regular Army on 14 October 2008. 2. Since his 2008 enlistment, the applicant has successfully completed 17 training courses, including the Army Basic Instructor Course in August 2013 and the Drill Sergeant Course, in September 2013. 3. The applicant was assigned to the Drill Sergeant Course with a commencement date of 11 January 2012. He was disenrolled from the course on the start date with the reasons being shown as for failure to meet the course prerequisites and body composition requirements. It was recommended the applicant return to the Drill Sergeant Course when he was able to meet the body composition requirements. The specifics for the finding of failure to meet the course prerequisites and body composition requirements are not of record. 4. The applicant was assigned to the Drill Sergeant School Course on 25 July 2013 and successfully completed the course on 25 September 2013. He was marked as superior in leadership skills and contribution to group work and the instructor's comments include: His ability to conduct a Physical Readiness Training session to standard further demonstrated his communication abilities (ref 12b). [The applicant] demonstrated leadership abilities as the Platoon Sergeant proved he has a strong command presence with the ability to lead formations properly. He remained highly flexible throughout the course and did not allow his professionalism to waiver [sic] (ref 12c). [The applicant's] teamwork and dedication were evident as his unwavering contribution to his team was shown daily by taking charge in stressful situations to complete the mission. He showed the patience required of a Drill Sergeant during training exercises and instructions, helping all peers achieve the standard (ref 12d). 5. Since 2008, with the exception of the 12 August 2012 Noncommissioned Officer Evaluation Report (NCOER), the applicant's NCOERs show his height as 72 or 73 inches with his weight ranging from 252 to 265. His Army Physical Fitness Test (APFT) scores are recorded as ranging from 258 to 273. 6. The NCOER for the period 13 October 2011 to 12 August 2012 shows his height as 65 inches with his weight as 181 pounds. The applicant passed the APFT on 19 November 2011 with a score of 258. 7. The NCOER for the period 13 August 2012 to 12 August 2013 shows his height shown as 73 inches and his weight as 262 pounds. On 6 June 2013, the applicant passed the APFT with a score of 270. REFERENCES: 1. Army Regulation 600–8–104 (Army Military Human Resource Records Management) states once properly filed in the Army Military Human Resource Record (AMHRR) the document will not be removed from the record unless directed by one of specific agencies including the Boards of the Army Review Boards Agency such as the Army Board for Correction of Military Records (ABCMR), Army Discharge Review Board, Department of the Army Suitability Evaluation Board, Army Special Review Board, and the DOD Physical Disability Review Board. 2. Army Regulation 623–3 (Evaluation Reporting System) states a DA Form 1059 will be completed for Soldiers who failed to achieve course standards. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 1-8 states the ABCMR members will: (1) Review all applications that are properly before them to determine the existence of error or injustice. (2) Direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. b. Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant did not, in fact, fail the Drill Sergeant Course. He was disenrolled upon arrival at the school due to failure to meet body composition requirements, which were a course prerequisite. While the specifics for this immediate disenrollment are not of record, his NCOERs indicate incorrect recording of his height and weight may have been a factor in the disenrollment. 2. If the applicant did not meet the prerequisites for attendance, his command should not have sent him to the school only to have him be immediately disenrolled from the course. 3. Because the applicant was not an actual academic failure (but rather was denied attendance in 2012), his subsequent successful completion of the course, no other finding of failure of an APFT or question of body composition, and his successful 2-years of service as a drill sergeant appear to support removal of the 11 January 2012 DA Form 1059 from his record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004210 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004210 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2