IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20170001619 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: 7 November 2017 DOCKET NUMBER: AR20170001619 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: 7 November 2017 DOCKET NUMBER: AR20170001619 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 the transfer of a DA Form 1059 (Service School Academic Evaluation Report (AER)) for the Mortuary Affairs Specialist Senior Leader Course (SLC), covering the period 13 November through 10 December 2013, from the performance folder to the restricted folder of his official military personnel file (OMPF). Hereafter, this report will be referred to as the contested AER. 2. The applicant states, in effect, the contested AER has been in his OMPF for at least one year since the class date. He failed the Army Physical Fitness Test (APFT) due to a medical issue. He attended the course again and successfully achieved course standards and graduated on 19 November 2014. He overcame his medical issue, completed the Army Recruiter Course, and successfully completed 3 years of duty as a Detailed Recruiter. 3. The applicant provides the contested AER and AERs covering the periods 14 January through 28 February 2014 and 14 October through 19 November 2014. 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. After periods of U.S. Army Reserve (USAR) and active duty service, the applicant enlisted in the Regular Army on 9 October 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 November through 10 December 2013. This form shows he failed to achieve SLC course standards due to failing the APFT for a second time. This form was filed in the performance folder of his OMPF on 20 December 2013. The contested AER was referred to him for comments and he indicated he did not wish to make comments. 4. The applicant was issued an AER for successful completion of SLC during the period 14 October through 19 November 2014. This form was filed in the performance folder of his OMPF on 1 December 2014. 5. The applicant's record is void of evidence that shows his release from SLC resulted from medical issues. REFERENCES: 1. 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. a. 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. b. 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. (1) The performance folder contains performance related information to include evaluations, commendatory documents, specific disciplinary information, and training/education documents. The primary purpose of this folder is to provide necessary information to officials and selection boards tasked with assessing Soldiers for promotion, special programs, or tours of duty. (2) The restricted folder contains documents that may normally be considered improper for viewing by selection boards or career managers. 2. Department of the Army Pamphlet 623-3 (Evaluation Reporting System) provides DA Forms 1059s are prepared to document the participation of Soldiers who take part in resident and nonresident training at professional military education and functional training courses for which the preparation of the DA Form 1059 as a course document has been deemed appropriate. Paragraph 4-6 (Rater Comments (block 14)) states comments should be made if the Soldier was released from student status through no fault of their own (for example, medical or compassionate reasons) and is recommended for reinstatement in the course. DISCUSSION: 1. The applicant requests to transfer the contested AER from the performance folder to the restricted folder of his OMPF. He contends he failed the APFT due to medical reasons; however, he passed the APFT after he overcame those issues. 2. The evidence confirms he was removed from SLC and he attended and successfully completed the course some 12 months later. There is no evidence the contested AER was improperly issued or that it was improperly filed in the applicant's OMPF. 3. The applicant was initially unsuccessful in completing the SLC. The presence of the contested AER documents this outcome. It is noted that he did not take advantage of the opportunity he was given to make comments on the contested AER. He later returned to the SLC and successfully completed the course. Both AERs paint a historically accurate picture of his performance. 4. In accordance with the governing Army regulation, the performance folder should show a continuous record of a person's performance throughout his/her Army service. The transfer of the contested AER from the applicant's performance folder to the restricted folder of his OMPF would not give promotion boards and assignment managers a totally accurate indication of the applicant's past 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) AR20170001619 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2