IN THE CASE OF: BOARD DATE: 22 December 2011 DOCKET NUMBER: AR20110010291 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) from his official military personnel file (OMPF). 2. He states he never attended the Aviation Maintenance Course and he does not know how his information got listed on the report. He explains he was mobilized and deployed to Iraq with his Army National Guard (ARNG) unit during the period covered on the DA Form 1059. He states that because he was an armor (AR) officer, he would not have been eligible to attend the aviation course. 3. He provides his DA Form 1059, dated 7 July 2005 and DD Form 214 (Certificate of Release or Discharge from Active Duty). 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's record shows he was appointed as a Reserve commissioned officer on 22 May 1993. On 2 August 1999, he was appointed as an AR officer in the ARNG. 3. A National Guard Bureau memorandum, dated 10 August 2004, subject: Promotion as a Reserve Commissioned Officer of the Army, shows he was promoted as an AR major (MAJ)/O-4 in the ARNG on 10 August 2004. 4. The DA Form 1059 in question shows in: * item 1 (Name) – his name * item 2 (Social Security Number (SSN)) – his SSN * item 3 (Grade) – Captain (CPT)/03 * item 4 (Branch) – Aviation (AV) * item 6 (Course Title) – Aviation Maintenance Manager 007-2005 * item 7 (Name of School) – Aviation School * item 8 (Component) – Regular Army * item 9 (Type of Report) – Resident * item 10 (Period of Report) – 25 April 2005 to 30 June 2005 * item 11 (Duration of Course) – 25 April 2005 to 30 June 2005 5. His DA Form 67-9 (Officer Evaluation Report) for the period 2 March 2005 through 1 August 2005 contained in his OMPF shows he was rated as the Brigade S-1, Headquarters and Headquarters Company, Aviation Brigade, 42nd Infantry Division (Mechanized), Forward Operating Base Speicher, Iraq. Additionally, his Bronze Star Medal Certificate, dated 26 September 2005, also contained in his OMPF shows he was awarded the Bronze Star Medal for the period 5 November 2004 to 15 October 2005 for meritorious service during combat operations in support of Operation Iraqi Freedom. 6. Item 18 (Remarks) of his DD Form 214 shows he served in Iraq and Kuwait from 5 November 2004 to 18 October 2005. 7. His records show he was awarded the Iraq Campaign Medal for participation in Operation Iraqi Freedom from 1 May 2005 to 30 September 2005. 8. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides in table 2-1 (Composition of the OMPF) that DA Forms 1059 are filed in the performance section of the OMPF. This regulation also provides that once filed, such documents become a permanent part of the OMPF and may only be removed by one of several agencies, one of which is the ABCMR. DISCUSSION AND CONCLUSIONS: 1. The applicant was issued a DA Form 1059 for the period 25 April 2005 to 30 June 2005. The report lists his grade as CPT and his branch as AV. The evidence of record shows he was promoted to MAJ on 10 August 2004, in AR branch. Additionally, his records verify he was assigned to Iraq during the period 1 May 2005 to 30 September 2005. 2. It is unknown how an AER was processed with obviously wrong information, considering that he could not have been a resident at the Aviation Maintenance Manager Course during the same time period he was assigned to Iraq. Therefore, it is appropriate to remove the DA Form 1059, dated 7 July 2005, from his OMPF. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 7 July 2005, from the applicant's OMPF. ____________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) AR20110010291 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110010291 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1