ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  17 September 2019

	DOCKET NUMBER:  AR20160014261


APPLICANT REQUESTS:  removal of a DA Form 1059 (Service School Academic Evaluation Report), dated 8 February 1995, and all related documents, from his official military personnel file (OMPF).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Army Review Boards Agency (ARBA) letter

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he has moved on, completed his education, and he is doing well in his current position.  Adverse information in his records could hinder his job advancement or opportunities for employment.  The purpose is personal.  He has no other derogatory information on file.

3.  The applicant provides a letter, dated 14 September 2016, wherein the ARBA acknowledgment receipt of his application.

4.  Review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 7 July 1983.

	b.  In an Administrative Removal from the Promotion Selection List memorandum, dated 27 January 1975, he and his command were advised that he had been considered and selected for promotion by the Sergeant First Class and Advanced Noncommissioned Officer Course (ANCOC) Selection Lists board; however, based on his disenrollment from the ANCOC due to academic failure, his name had been administratively removed from the list.  A copy of this memorandum would be filed in his OMPF.

	c.  A DA Form 1059, dated 8 February 1995, shows he was academically eliminated from the ANCOC due to the two time test failure of the NCO Evaluation Report test.

	d.  He served continuously on active duty through several reenlistments until he was honorably retired on 31 July 2003.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 20 years and 14 days of net active service.

5.  By regulation (AR 623-3), a DA Form 1059 included in the official record of a rated Soldier is presumed to be administratively correct, to have been prepared by the properly designated rating officials who meet the minimum time and grade qualifications, and represent the considered opinions and objective judgment of the rating officials at the time of preparation.  Appeals based on substantive inaccuracy must include the basis for the belief that the rating officials were not objective or had an erroneous perception of the performance.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not warranted.  Board members noted that there is no error in his records.  Based upon sufficient evidence in the record, the Board found the DA Form 1059 is factually correct and is appropriately filed.  For that reason, the Board concluded there was insufficient justification to remove the DA Form 1059 from the applicant’s record.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION



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.
	 
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 623-3 (Evaluation Reporting System), in effect at the time, prescribed the policies and tasks for the Army's Evaluation Reporting System.  The regulation stated in:

	a.  Paragraph 3–14 (Service School Academic Evaluation Report (AER) or DA Form 1059, for active duty personnel:

		(1)  Commandants of Army (or other DOD branch) schools (also known as “Service schools”) and Noncommissioned Officer academies would be responsible for preparing DA Form 1059 and submitting them to Headquarters, Department of the Army (HQDA) or appropriate headquarters) to arrive no later than 90 days after the student’s graduation or termination from the school or academy (see paragraphs 3–33 and 3–49).  In preparing these reports, all significant information that can be evaluated will be reported.  The same care and attention would be exercised in preparing AERs as was exercised in preparing officer evaluation reports and noncommissioned officer evaluation reports.

		(2)  School commandants or training division or brigade commanders would ensure that AER comments were based on observation of a student’s qualities, strengths, weaknesses, deficiencies, and overall performance.

3.  AR 600-8-104 (Army Military Human Resources Records Management), in effect at the time, prescribed Army policy for the creation, utilization, administration, maintenance, and disposition of the official military personnel file (OMPF).  Table B-1 (Authorized Documents) shows the DA Form1059 was filed in the performance and service folders of the OMPF.  The regulation also stated:

	a.  The purpose of maintaining the OMPF was to protect the interests of both the U.S. Army and the Soldier.  In this regard, the OMPF served to maintain an unbroken, historical record of a Soldier’s service, conduct, duty performance, evaluation periods, and any corrections to other parts of the OMPF.  Once placed in the OMPF, the document became a permanent part of that file and would not be removed from or moved to another part of the OMPF unless directed by an appropriate authority or this Board.

	b.  Paragraph 1–17 (Official records custodian), paragraph 1-17h, provided for correcting duplicate, inverted, erroneous, or incorrectly filed documents per requests received from record managers and their subsequent Soldiers with the exception of DA Forms 67–9 (Officer Evaluation Report), DA Forms 2166–8 (Noncommissioned (NCO) Evaluation Report), and DA Forms 1059.  (Chief, Appeals and Corrections Section of the Evaluations, Selections, and Promotions Division was responsible for the correction and management of the DA Form 67–9, DA Form 2166–8, and DA Form 1059 appeals).


ABCMR Record of Proceedings (cont)	 AR20160014261


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