ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		
		BOARD DATE:  16 April 2019

		DOCKET NUMBER:  AR20190000043


APPLICANT REQUESTS:  removal of the DA Form 1059 (Service School Academic Evaluation Report (AER)) for the period 10 through 17 February 2016 from his Official Military Personnel File (OMPF).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552)
* DA Form 1059 covering the period 10 through 17 February 2016
* DA Form 1059 covering the period 16 November 2016 through 16 December 2016
* Self-authored Statement, dated 29 October 2018

FACTS:

1.  The applicant states:

	a.  He had many personal situations that were impeding his performance at the time of his failure of the Basic Leader Course (BLC).  He had just separated from his wife and his mother had been admitted to the hospital.

	b.  He has learned proper time management, prioritization and separation between work and personal considerations.  His leadership and self-dedication gave him the opportunity to reenroll in BLC ahead of the commander's provisional proposal.

	c.  He was on the brink of being named to the Commandant's List with a grade point average of 96.15 percent and he competed for the leadership award.  He has overcome his past obstacles and has become a better Soldier and leader because of it.

2.  The applicant is currently serving on active duty in the rank/grade of sergeant (SGT)/E-5.

3.  The contested AER covering the period 10 through 17 February 2016 shows he was dismissed from BLC on 17 February 2016 for misconduct.  Specifically, he failed to report for the 0550 accountability formation on 16 February 2016 and he failed to report to the 0830 accountability formation on 17 February 2016.  His performance was such that continuance in the course would not be tolerated.  This form is filed in the performance folder of his OMPF.

4.  The AER covering the period 16 November through 16 December 2016 shows he successfully completed BLC on 16 December 2016.  He achieved an academic average of 96.15 percent.  This form is also filed in the performance folder of his OMPF.

BOARD DISCUSSION:

1.  After review of the application and all evidence, the Board determined relief is not warranted.  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 was removed from the service school course, and he attended and successfully completed the course some later that year.

2.  In accordance with the governing Army 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 OMPF 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.  The Board agreed both AERs paint a historically accurate picture of his performance, and there is no error or injustice in this case. 

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.


ADMINISTRATIVE NOTE(S):  not applicable.

REFERENCES:

1.  Army Regulation 623-3 (Evaluation Reporting System) prescribes the policy for completing evaluation reports and associated support forms that are the basis for the Army's Evaluation Reporting System.  Paragraph 4-7 states an evaluation report accepted for inclusion in the rated Soldier’s AMHRR is presumed to be administratively correct; have been prepared by the proper rating officials; and represent the considered opinion and objective judgment of the rating officials at the time of preparation.

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.

	a.  Paragraph 3-6 states 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.

	b.  Table 3-1 (Official Military Personnel File Folders in the Army Military Human Resources Record (AMHRR)) states the performance folder contains performance related information to include evaluations, commendatory documents, specific disciplinary information, and training/education documents.  The primary purpose of this folder is to provide necessary information to officials and selection boards tasked with assessing Soldiers for promotion, special programs, or tours of duty.  This folder populates various board related applications (for example, Army Selection Board System, National Guard Army Board System).

	c.  Appendix B (Documents Required for Filing in the AMHRR and/or Interactive Personnel Electronic Records Management System) is the authoritative source for documents authorized for filing in the AMHRR.  All documents approved by Department of the Army and required for filing in the AMHRR and/or Interactive Personnel Electronic Records Management System can be found on the Army Personnel Records Division web page.

3.  The U.S. Army Human Resources Command Required Documents List shows DA Forms 1059 are filed in the performance folder of the AMHRR.  A document properly filed in the AMHRR based on previous requirements is considered to be permanently filed and cannot be removed unless it meets the criteria listed in Army Regulation 600?8?104, paragraph 3?6.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20190000043



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