IN THE CASE OF:	   

		BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20130008457 


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 removal of a DA Form 1059 (Service School Academic Evaluation Report), dated 30 May 2003, from his Army Military Human Resource Record (AMHRR).

2.  The applicant states:

* the DA Form 1059 should be removed from his records
* the school commandant who signed the DA Form 1059 states the form should not exist
* the DA Form 1059 states he was released from the course for failing the Army Physical Fitness Test (APFT) and the school commandant states that is not the case
* he tried to get help with this matter several times with his S1 with unsuccessful results

3.  The applicant provides:

* DA Forms 1059, dated 30 May 2003 and 18 December 2009
* emails

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 15 July 1998 and he has remained on active duty through continuous reenlistments.  

2.  The DA Form 1059 in question, dated 30 May 2003, shows he was released from the Primary Leadership Development Course (PLDC) for APFT failure.  The form shows in item 13 (Performance Summary) he failed to achieve course standards.

3.  He provided an email, dated 17 June 2003, from the school commandant which states:

* the academy did not drop the applicant as an APFT failure
* he can go to the next class where he PCSs (permanent change of station) to

4.  He was promoted to sergeant on 1 July 2003.

5.  He provided a DA Form 1059 which shows he completed the Warrior Leader Course (WLC) (formerly known as PLDC) on 18 December 2009.  

6.  A review of the applicant's AMHRR on the interactive Personnel Electronic Records Management System (iPERMS) revealed a copy of the contested 
DA Form 1059.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DA Form 1059, dated 30 May 2003, be removed from his AMHRR.

2.  Although the DA Form 1059 in question shows he was released from PLDC for APFT failure, the school commandant stated the academy did not drop him as an APFT failure.  Since evidence shows he completed the WLC in December 2009, it would be equitable to remove the DA Form 1059, dated 30 May 2003, from his AMHRR. 

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the DA Form 1059, dated 30 May 2003, from his AMHRR.



      ____________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.



ABCMR Record of Proceedings (cont)                                         AR20130008457





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ABCMR Record of Proceedings (cont)                                         AR20130008457



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