BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20170009526 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 BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20170009526 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that 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. BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20170009526 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 that a DA Form 1059 (Service School Academic Evaluation Report (AER)) for the period 13 through 23 June 2011 (hereafter referred to as the contested AER) be removed from his official military personnel file (OMPF). 2. The applicant states the contested AER, which he received after he failed to successfully complete the Warrior Leader Course (WLC) in June 2011, remains in his OMPF even though he successfully completed the course 5 months later. He was led to believe the contested AER would be removed following his successful completion of the course. a. He was not informed of any other process to appeal the contested AER. He is trying to further his career by attending the drill sergeant’s course. As long as the contested AER remains in his OMPF, his career will be hindered. b. It was not until his recent application for the drill sergeant course that he found the contested AER had not been removed from his OMPF. The Board should find this as an injustice since he fulfilled his obligation by enrolling in the next available course and completing the course with three superior ratings. 3. The applicant provides: * DA Forms 1059 for the periods 13 through 23 June 2011 and 7 through 23 November 2011 * a recommendation for drill sergeant duty, dated 21 April 2017 * Enlisted Record Brief, dated 22 May 2017 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 this case 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 for timely filing. 2. The applicant enlisted into the Regular Army on 7 May 2007. He is currently serving on active duty in the rank/grade of staff sergeant (SSG)/E-6. 3. The applicant was issued the contested AER for the period 13 through 23 June 2011. This form shows he failed to achieve WLC course standards due to disciplinary reasons. This form was filed in the performance section of his OMPF on 3 August 2011. 4. The applicant was issued an AER for successful completion of WLC during the period 7 through 23 November 2011. This form was also filed in the performance section of his OMPF on 4 January 2012. REFERENCES: 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. DISCUSSION: 1. The applicant's request to remove the contested AER from his OMPF was carefully considered. He contends he was told the contested AER would be removed when he successfully completed the course. 2. 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 WLC and he attended and successfully completed the course some 5 months later. 3. In accordance with the governing Army regulation, the performance fiche 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. 4. The applicant was initially unsuccessful in completing the WLC. The presence of the contested AER documents this outcome. However, he returned to the WLC and successfully completed the course. Both AERs paint a historically accurate picture of his performance. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170009526 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2