BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20160009585 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: 11 April 2017 DOCKET NUMBER: AR20160009585 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. BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20160009585 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 14 June 2012, from her Official Military Personnel File (OMPF). 2. The applicant states: a. She failed the Drill Sergeant Course in June 2012 due to her failure during the Army Physical Fitness Test (APFT). She was assigned a second school date in August 2012 by the Drill Sergeant Program Manager at the U.S. Army Human Resources Command (HRC). She graduated the course in November 2012. b. She doesn't believe the DA Form 1059 was unjust because she was graded accordingly; however, she turned her performance around and overcame her issues in a matter of months. She was not adequately prepared the first time she attended the course, but she was more than prepared when she returned in August 2012. 3. The applicant provides copies of the subject DA Forms 1059, dated 14 June 2012 and 1 November 2012, which evaluate her performance in the Drill Sergeant Course. 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 is a Regular Army staff sergeant (SSG) who initially enlisted on 26 May 2005. Her records show she holds military occupational specialty (MOS) 42A (Human Resources Specialist). 3. The applicant attended the Drill Sergeant Course (Class 10-12) at the U.S. Army Drill Sergeant School, Fort Jackson, SC, during the period 13 June 2012 through 16 August 2012. She failed the APFT during the course; thus, she was released from the course for failing to achieve course standards. The DA Form 1059 she was issued shows she "failed to achieve course standards." This form is filed in the performance section of her OMPF. 4. The applicant was reenrolled in and attended the Drill Sergeant Course Class 14-12 during the period 30 August 2012 through 1 November 2012. The DA Form 1059 she was issued shows she achieved course standards. This form is also filed in the performance section of her OMPF. 5. Orders 292-741, issued by Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, SC, on 18 October 2012, awarded her MOS 42A2X00QB, effective 1 November 2012, signifying her qualification as a Drill Sergeant. 6. The applicant was promoted to the rank/grade of SSG/E-6 on 1 December 2012. REFERENCES: Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF. Chapter 2 provides 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 the DA Form 1059 is filed in the performance section of the OMPF. DISCUSSION: 1. The applicant's request for removal of a DA Form 1059 from her OMPF was carefully considered. 2. The evidence of record shows the applicant failed to achieve course standards during the Drill Sergeant Course Class 10-12 from 13 June 2012 through 16 August 2012. Accordingly, she was issued a DA Form 1059 that shows she failed to achieve course standards and that report is filed in the performance section of her OMPF. The filing of this form is not in error. 3. The applicant was reenrolled in and attended the Drill Sergeant Course Class 14-12 during the period 30 August 2012 through 1 November 2012. Accordingly, she was issued a DA Form 1059 that shows she achieved course standards and that report is filed in the performance section of her OMPF. The filing of this form is not in error. 4. 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, and evaluation periods; and any corrections to other parts of the OMPF. Once placed in the OMPF, the document 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. 5. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit evidence that would satisfy that requirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016343 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009585 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2