BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20170007025 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: 22 August 2017 DOCKET NUMBER: AR20170007025 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: 22 August 2017 DOCKET NUMBER: AR20170007025 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 Official Military Personnel File (OMPF) by removing a DA Form 1059 (Service School Academic Evaluation Report (AER)) dated 1 June 2006 for the Warrior Leader Course (WLC). 2. The applicant states the AER dated 1 June 2006 should be removed because he subsequently returned to the school, passed the course, and was issued an AER dated 14 September 2006. 3. The applicant’s application provides copies of both AERs discussed above. 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 to this Board, the applicant was serving in the Regular Army in the rank of staff sergeant, pay grade E-6. 3. A review of the applicant's OMPF revealed the following documents: a. AER, dated 1 June 2006, showing he was enrolled in WLC Class Number 007-06, which ran from 24 May to 8 June 2006. This AER shows he failed the course due to not achieving the course standards. He failed to pass the Army Physical Fitness Test (APFT), and he also had a problem executing performance-oriented training. He was rated as unsatisfactory in leadership skills. b. AER, dated 14 September 2006, showing he was enrolled in WLC Class Number 011-06, which ran from 30 August to 14 September 2006. This AER shows he achieved course standards. He passed the APFT and was rated satisfactory in group work contribution and as superior in oral communication, leadership skills, and research ability. REFERENCES: 1. Army Regulation 600-8-104 (Military Personnel Information Management/Records) provides that once placed in the OMPF, a 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: * Army Board for Correction of Military Records (ABCMR) * Department of the Army Suitability Evaluation Board (DASEB) * Chief, Appeals and Corrections Branch, Human Resources Command (HRC) * Commander, HRC 2. Army Regulation 623-3 (Evaluation Reporting System), then in effect, provided that the commandant was responsible to ensure that for active duty personnel, AERs would be prepared within 60 days after the student’s graduation or termination from the school or academy. In preparing these reports, all significant information that can be evaluated would be reported. The same care and attention was to be exercised in preparing this report as was exercised in preparing officer and noncommissioned officer evaluation reports. DISCUSSION: 1. The applicant contends his OMPF should be corrected by removing the AER for the WLC dated 1 June 2006 because he subsequently returned to the school and passed the course. 2. The evidence shows the applicant attended the WLC from 24 May to 8 June 2006 and failed the course. However, he returned to the WLC from 30 August to 14 September 2006 and passed the course. Both AERs are properly filed in his OMPF. A review of the AERs failed to show any factual errors or inappropriate entries that would support the modification or removal of either report. 3. To justify removal from the OMPF, the applicant must produce clear and convincing evidence showing the presumption of regularity should not be applied to the report. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170007025 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170007025 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2