IN THE CASE OF:  

		BOARD DATE:  20 March 2020

		DOCKET NUMBER:  AR20190004189


APPLICANT REQUESTS:  the DA Form 1059 (Service School Academic Evaluation 
Report) for the period ending 21 September 2015, currently filed in his Official Military 
Personnel File (OMPF) be removed.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	2 DA Forms 1059

FACTS:

1.  The applicant did not file within the three-year period provided in Title 10, United 
States Code, section 1552(b); however, the ABCMR 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, in effect, the presence of the contested DA Form 1059 in his 
military record diminishes his record and may create an inaccurate perception of his 
performance and character as a noncommissioned officer.  The DA Form 1059 may 
affect future promotions despite ultimately achieving the course standards in March 
2016.

3.  The applicant is a staff sergeant serving in the Regular Army in military occupational 
specialty 11B (Infantryman).

4.  On 10 September 2015, he attended Drill Sergeant Class 015-15.  On 21 September 
2015, he was released from the course for failing to achieve course standards and 
issued a DA Form 1059.  The form is filed in the performance folder of his OMPF.

5.  He attended Drill Sergeant Class 002-16 from 7 January through 3 March 2016 and 
he achieved the course standards.  This form is filed in the performance folder of his 
OMPF.  

6.  The purpose of maintaining the OMPF is to protect the interests of both the 
U.S. Army and the Soldier.  In this regard, the OMPF serves 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 becomes a permanent part of that file and will not be removed from or moved 
to another part of the OMPF unless directed by an appropriate authority.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, the DA Form 
1059 reflecting his release from training and a subsequent DA Form 1059 reflecting 
successful completion of training.  The Board found the first DA Form 1059 to be 
accurate and properly filed and found insufficient evidence to support removal of the 
document due to it being untrue.  Based on a preponderance of evidence, the Board 
determined that the presence of the contested DA Form 1059 in the applicant’s file was 
not in error or unjust. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.






















BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XXX	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, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 years after discovery of the alleged 
error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the 3-year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

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.

3.  Army Regulation 600-37 (Unfavorable Information) sets forth policies and 
procedures to authorize placement of unfavorable information about Army members in 
individual official personnel files.  Chapter 7 contains the policy for appeals and petitions 
for removal of unfavorable information from official personnel files.  It states once an 
official document has been properly filed in the OMPF, it is presumed to be 
administratively correct and to have been filed pursuant to an objective decision by 
competent authority.  Thereafter, the burden of proof rests with the individual concerned 
to provide evidence of a clear and convincing nature that the document is untrue or 
unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF.  
It further stipulates only letters of reprimand, admonition, or censure may be the subject 
of an appeal for transfer to the restricted folder of the OMPF.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190004189


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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