IN THE CASE OF: BOARD DATE: 14 February 2012 DOCKET NUMBER: AR20110024391 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 correction of his military records to remove a DA Form 1059 (Service School Academic Evaluation Report (AER)) for the period from 5 January to 14 June 2005. 2. The applicant states he never formally attended the Ship's Salvage Diving Officer course at the Naval Diving and Salvage Training Center in Florida as reported by the subject AER. He contends that his commander removed him from the course in order to attend the Sapper School. The applicant subsequently received an informal breakdown of what he would need to know in the Army dive field. The applicant would like the AER removed because the dates of the course run concurrent with the time he was at the Sapper School. He could not have been in two places at the same time. 3. The applicant provides a copy of what appears to be a roster of graduates for the Salvage Dive Officer Course for the period from 2 May to 14 June 2005. 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. At the time of his application, the applicant was serving as a captain, pay grade O-3 in the Regular Army. 3. A review of the applicant's Official Military Personnel File (OMPF) revealed the following documents: a. AER showing he completed the Ship Salvage Diving Officer Course for the report period from 5 January to 14 June 2005; and b. Permanent Orders 175-01, Fort Leonard Wood, Missouri, dated 24 June 2005, showing he was awarded the Sapper TAB for successful completion of the Sapper Leaders Course from 28 May to 24 June 2005. 4. The applicant has provided a graduation roster for the Salvage Diving Officer Course for the period from 2 May to 14 June 2005. His name is not listed as a graduate of this course. 5. AR 600-8-104 (Military Personnel Information Management /Records) provides that all personnel information recorded under the authority of this regulation is the property of the United States Government. a. Once recorded, it will not be removed except as provided by law or this regulation. b. Types of authorized military personnel files are the Official Military Personnel File (OMPF), Military Personnel Records Jacket (MPRJ), Career Management Individual File (CMIF), and the Classified Personnel Record (CPR). c. Once placed in the OMPF, the document becomes a permanent part of that file. The document will not be removed from, or moved to another part of the OMPF unless directed by one or more of the following: * The Army Board for Correction of Military Records (ABCMR) * The Department of the Army Suitability Evaluation Board (DASEB) * Chief, Appeals and Corrections Branch, Human Resources Command * The OMPF custodian when documents have been improperly filed * Commander, Human Resources Command (HRC), ATTN: HRC-PDO-PO, as an approved policy change to this regulation * Chief, Appeals Branch, National Guard Personnel Center DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his military records should be corrected to remove an AER for the period from 5 January to 14 June 2005 because it is in conflict with other training that he actually performed. He further contends that he did not complete the formal dive training indicated in the subject AER. 2. The available evidence of record clearly indicates that the applicant would have had to be in two different places at the same time to have graduated from both the Sapper Leaders Course at Fort Leonard Wood, Missouri, and the Ship Salvage Diving Officer Course at the Naval Diving and Salvage Training Center in Florida. 3. The absence of the applicant's name from the graduation roster for the Ship Salvage diving Officer course is sufficiently convincing to show that he did not graduate from this course. Accordingly, this DA Form 1059 should be removed from all sections of his OMPF. 4. In view of the foregoing the applicant's request should be granted. 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 from all sections of his OMPF the DA Form 1059 showing he completed the Ship Salvage Dive Officer Course. __________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) AR20110024391 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110024391 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1