IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20160000350 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: 5 April 2016 DOCKET NUMBER: AR20160000350 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: 5 April 2016 DOCKET NUMBER: AR20160000350 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 25 April 2009, from his official military personnel file (OMPF). 2. The applicant states at the time he was not academically ready to attend this course. He subsequently attended and passed this course and other courses for his current grade. He believes that he has proven himself over the years to attend and pass numerous Regular Army (RA) schools. 3. The applicant provides copies of three DA Forms 1059, four training certificates, and Permanent Orders (PO) Number 057-61. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations. 2. The applicant enlisted in the RA on 21 June 2001 and he held military occupational specialty 19D (cavalry scout). He was honorably released from active duty on 20 October 2004 and was transferred to the U.S. Army Reserve. 3. His military records located on the Interactive Personnel Electronic Records Management System contain a DA Form 1059, dated 2 April 2009, showing he failed to achieve course standards for the Basic Noncommissioned Officer Course (BNCOC). 4. He provides copies of a DA Form 1059 and a completion certificate for the Advanced Leader Course on 1 September 2010 and the Advanced Leader Common Core Course on 3 April 2011. 5. He reenlisted in the RA on 1 October 2012 for an indefinite period. 6. He also provides copies of two DA Forms 1059 and three completion certificates on/for: * 11 August 2011 – Drill Sergeant Course * 14 June 2013 – Maneuver Senior Leader Course * 12 July 2013 – Advanced Situational Awareness Training Basic Pilot Course * 20 September 2013 – Tactical Combatives Course * 18 June 2015 – Ranger Training Assessment Course 7. He further provides PO Number 057-61, dated 26 February 2015, awarding him the Air Assault Badge and Additional Skill Identifier of 2B. REFERENCES: Army Regulation 600-8-104 (Military Personnel Information Management/ Records), in effect at the time, provided the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF. Chapter 2 provided detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF. Table 2-1 (Composition of the OMPF) shows that the DA Form 1059 was filed in the performance section of the OMPF. Once placed in the OMPF, the document becomes a permanent part of that file and would not be removed from or moved to another part of the OMPF unless directed by an appropriate authority. DISCUSSION AND CONCLUSIONS: 1. The applicant's DA Form 1059, dated 25 April 2009, shows he failed the BNCOC. There is no evidence that this form is untrue or unjust. His subsequent successful completion the course does not warrant the removal of that DA Form 1059 because there is no error or injustice. 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 DA Form 1059 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000350 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000350 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2