AR20160004593

IN THE CASE OF:

BOARD DATE: 14 April 2016

DOCKET NUMBER: AR20160004593

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

___x ____ ____x___ ____x___ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 14 April 2016

DOCKET NUMBER: AR20160004593

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: 14 April 2016

DOCKET NUMBER: AR20160004593

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 DA Form 1059 (Service School Academic Evaluation Report (AER)) dated 14 May 2010, currently filed in his official military personnel file (OMPF), be removed.

2. The applicant states he successfully completed the Advanced Leaders Course (ALC) and received another DA Form 1059. He now has two DA Forms 1059 for ALC.

3. The applicant provides two DA Forms 1059.

CONSIDERATION OF EVIDENCE:

1. The applicant is a staff sergeant serving in the Regular Army in military occupational specialty 31B (Military Police).

2. On 23 April 2010, he attended the ALC (31B) Class 008-10. On 14 May 2010, he was released from the course for disciplinary reasons and issued a DA Form 1059. The form is filed in the performance folder of his OMPF.

3. He again attended the ALC (31B) Class from 25 October 2013 through 11 December 2013. He achieved the course standards and was issued a DA Form 1059. This form is filed in the performance folder of his OMPF.

REFERENCES:

1. Army Regulation 600-8-104 (AMHRR Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF. Appendix B (Documents Authorized for Filing in the OMPF and/or Interactive Personnel Electronics Records Management System), Table B-1 (Authorized Documents) shows the DAForm1059 is filed in the performance and service folders of the OMPF.

2. 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.

3. Army Regulation 623-3 (Evaluation Rating System) prescribes the policies for completing evaluation reports that support the Evaluation Reporting System. It also provides instructions forpreparing, processing, and using the DAForm 1059.

a. Academic evaluations report the accomplishments, potential, and limitations of individuals while attending courses of instruction or training. Only one AER will be authorized for each reporting period. The reporting official will be responsible for the accuracy of the information in the completed AER.

b. Service school and NCO academy commandants will be responsible for preparing the DA Form 1059 within 60 days after the students graduation or termination from the school or academy. In preparing these reports, all significant information that can be evaluated will be reported. The same care and attention will be exercised in preparing this report as is exercised in preparing officer and NCO evaluation reports.

DISCUSSION:

1. There is no evidence that the DAForm1059 for the period ending 14 May 2010 was improperly issued or that it was improperly filed in the applicant’s OMPF.

2. 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 DAForm1059 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.

3. The applicable regulation states documents will not be removed from the OMPF unless directed by, among other agencies, the ABCMR. There is insufficient evidence to show with the contested DA Form 1059 was improperly filed; therefore, there is no justifiable reason to remove the contested DA Form 1059 from the applicant’s OMPF.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160004593

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160004593

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2