IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160017509 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160017509 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. ______________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: 21 November 2017 DOCKET NUMBER: AR20160017509 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 the removal of a DA Form 1059 (Service School Academic Evaluation Report (AER)) for the period 9 July through 17 July 2013 (hereafter referred to as the contested AER) from his official military personnel file (OMPF). He further requests a personal hearing before the Board. 2. The applicant states, in effect, he received the contested AER for the Maneuver Senior Leader Course (MSLC). a. He attended the MSLC six months later and successfully completed it. Consequently, he has two AERs for MSLC filed in his OMPF. b. The contested AER has been filed in his OMPF for three years and has served its purpose. He requests the removal of the contested AER, as it will continue to affect his promotion potential and career progression despite his completion of the MSLC. The contested AER has posed a derogatory image on his character and his overall intellect, which directly affects his active duty status in the Army. He is requesting the removal of the contested AER based on his eventual completion of the MSLC, as well as his follow on achievements. 3. The applicant provides: * the contested AER and a subsequent AER covering the period 4 March 2014 through 21 April 2014 * DA Forms 87 (Certificates of Training), dated 18 July 2014, 25 July 2014, and 7 December 2015 * DA Forms 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)), covering the periods 6 July 2014 through 5 July 2015 and 6 July 2015 through 22 October 2016 * his Enlisted Record Brief (ERB), dated 25 October 2016 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 18 August 2003. He completed his initial entry training and was awarded military occupational specialty 19K (M1 Armor Crewman). He is currently serving on active duty in the rank/grade of staff sergeant (SSG)/E-6. 2. The contested AER shows he failed to achieve course standards in the MSLC due to academic deficiency. This form was filed in the performance folder of his OMPF on 16 September 2013. 3. An AER covering the period 4 March through 21 April 2014 shows the applicant successfully completed the MSLC, Class 003-14. This form was filed in the performance folder of his OMPF on 14 May 2015. REFERENCES: 1. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; 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. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes the policies governing the OMPF, the military personnel records jacket, the career management individual file, and Army personnel qualification records. Paragraph 3-6 of this regulation states that once a document is placed in the OMPF 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 proper authorities listed in the regulation. Table 3-1 (Composition of the OMPF) of this regulation shows a DA Form 1059 is to be filed in the performance section of the OMPF. DISCUSSION: 1. The applicant requests removal of the contested AER from his OMPF. He contends he received a new AER after re-attending and completing the MSLC, and that the contested AER has served its purpose. 2. There is no evidence the contested AER was improperly issued or that it was improperly filed in the applicant's OMPF. The evidence confirms he failed to meet MSLC course standards and was released from the course accordingly. 3. In accordance with the applicable regulation, the performance folder should show a continuous record of a person's performance throughout his/her Army service. The removal of the contested AER from the applicant's performance history would leave an undocumented period of service and would not give promotion boards and assignment managers a totally accurate indication of the applicant's past performance and his abilities for future performance. 4. The fact the applicant returned to MSLC and was successful in completing the course should be viewed by future promotion boards and assignment managers as a tribute to his resolve to serve successfully as a Soldier and to meet the Army standards. 5. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. 6. The applicant's request for a personal appearance hearing was carefully considered. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence is sufficient to render a fair and equitable decision at this time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017509 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2