ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 October 2019 DOCKET NUMBER: AR20170007217 APPLICANT REQUESTS: his DA Form 1059 (Service School Academic Evaluation Report) reflect a passing Army Physical Fitness Test (APFT) score to complete his DA Form 1059. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Evaluation Appeal (17 Mar 17) * Evaluation Appeal (15 Nov 16) * All Army Activities (ALARACT) Appeal * ALARACT 208/2013 * DA Form 1059 * Request for Assistance * Basic Officer Leaders Course (BOLC) Completion Recommendation Memo * Supporting Statement * APFT Scorecards * DA Form 3349 (Physical Profile) * Inspector General Action Request FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, there was an ALARACT issued during the time of his BOLC which allowed him one year to pass his APFT. After BOLC, he developed an injury which he wasn't able to recover from. From the time of his injury, it took over one year to obtain a permanent profile. These delays were out of his control. By the time his profile was approved, the ALARACT had expired. At which time, he started the Appeals process through Army Special Review Board at HRC. However, because of delays through his chain of command, he was only able to send his appeals packet February of 2017. He received that packet back about a month later from HRC stating the time had also expired. They sent a memorandum for him to submit an application to the Army Board for Correction of Military Records. He believes if circumstances were different and there were no delays obtaining his profile and no delays from his chain of command that he would certainly have fulfilled his AER requirements. He has documentations from the inspector general confirming his situation and a record of a passing APFT score after my profile was approved. He will also provide the packet he sent to HRC. It is his hope the ABCMR is able to see the evidence and correct the necessary issues so that he can continue to serve. 3. The applicant provides: a. DA Form 1059, dated 23 August 2013, which states the applicant failed to meet course standards. b. ALARACT 208/2013, dated 29 August 2013, which states Army Medical Department (AMEDD) officers complete all basic graduation requirements for basic officer leader course B (BOLC-B) and a one year grace period to allow for compliance. AMEDD students, regardless of component, are not considered a BOLC-B graduate if they fail any of the graduation requirements. It also states, after 1 August 2014, students will no longer be able to amend their DA Form 1059 and receive course completion credit for APFT and/or height/weight failures. c. BOLC Completion Recommendation Memo, dated 29 March 2015, which states the applicant received numerous temporary profiles leading up to his permanent profile and passed the APFT on 16 March 2015, with an authorized alternative event. d. DA Form 3349, dated 3 December 2015, which states the applicant was diagnosed with exercise induced asthma, degenerative disc disease and right knee degenerative meniscal changes. The condition was annotated as bronchospasm with exercise, low back pain and knee pain. The profile allows him to perform all functional activities, but block 7 is not checked. e. APFT Scorecards, dated 20 February 2016, which states the applicant passed the push-up event, and the alternate bike event, but did not take the sit-up event, due to a permanent profile. f. Inspector General Action Request, dated 8 March 2016, which states that he was unable to obtain a permanent profile, and he further explains his process. g. Request for Assistance, dated 11 April 2016, which states that the applicant solicited support from a previous interim commander to assist him in appealing ALARACT 208/2013. h. Supporting Statement, dated 3 May 2016, which states due to the length of the process for him to obtain a permanent profile and his long-term temporary profile, the applicant was allowed to perform an alternate aerobic event. He passed the APFT on 16 March 2015, with an authorized alternative event. i. ALARACT Appeal, dated 13 July 2016, which states that he requested an appeal to the ALARACT issued for the year 2013., and that he does not wish to attend BOLC a second time to complete all course standards because he completed the didactic portion already. j. Evaluation Appeal, dated 15 November 2016, which states the reason for his appeal is due to the difficulty of obtaining a permanent profile in a timely manner for reasons out of his control. When he did obtain my permanent profile, he was to pass his APFT. He then further explains the details of his situation in obtaining a permanent profile. k. Evaluation Appeal, dated 17 March 2017, which states his correspondence was returned without action, because AR 623-3, paragraph 4-8b places a time restriction on the submission of substantive appeals. Since the evaluation report he is interested in appealing has a "Thru" date of 20130823, and your appeal was not received within three years of that date, he must submit an application to the Army Board for Correction of Military Records (ABCMR) to resolve any issue you may have with the evaluation report in question. 4. A review of the applicant’s service record reveals: a. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 5 August 2011. b. He attended and failed the Reserve Component BOLC at Fort Sam Houston, TX from 2 August 2013 to 23 August 2013. His DA Form 1059 also reflects: * item 11 (Performance Summary), Failed to Achieve Course Standards * item 14 (Comments), Officer received an “UNSAT” in Leadership Skills due to failing APFT c. He was Honorably discharged on 8 March 2018, under the provisions of Army Regulation (AR) 135-175 (Separation of Officers), for failure to Complete BOLC with Recoupment. 5. By regulation, AR 135-175, failure to complete eligibility requirements for appointment states that officers appointed under special programs prior to completing their eligibility requirements for the appointment and who subsequently failed to complete these requirements may be discharged (including, but not limited to Health Professions Scholarship Program participants. 6. By regulation, AR 135-175, failure to complete a basic branch course states that officers appointed on or after 1 December 1969 because of completion of ARNG or USAR Officer Candidate School, and direct appointees who fail to complete a basic branch qualifying course within 36 months of effective date of appointment. 7. By regulation AR 623-3, the DA Form 1059 and DA Form 1059–2 are used to document the performance, accomplishments, potential, and limitations of students while attending military schools and courses of instruction or training. a. Soldiers attending institutional training courses are expected to meet the Army’s physical fitness and body composition standards. b. AERs with a “Fail” for the APFT indicating noncompliance with the standards of AR 350–1 are referred or adverse reports. 8. ALARACT 208/2013, dated 29 August 2013, states, after 1 August 2014, Army Medical Department (AMEDD) students will no longer be able to amend their DA Form 1059 and receive course completion credit for APFT and/or height/weight failures. , BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Based upon the ALARACT message being published on 29 August 2013, after the end date of the DA Form 1059, which was received on 23 August 2013, and the ALARACT message content was not retroactive in nature, the board determined the guidance in the ALARACT did not impact applicant case. As a result, the Board found insufficient evidence of an error or injustice which would warrant making a correction to the applicant’s record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 135-175 (Army National Guard and Reserve - Separation of Officers), prescribes the policies, criteria, and procedures governing the separation of Reserve officers of the Army. 3. AR 623–3 (Personnel Evaluation - Evaluation Reporting System), prescribes the policy for completing evaluation reports and associated support forms that are the basis for the Army’s Evaluation Reporting System (ERS). a. Tthe DA Form 1059 and DA Form 1059–2 are used to document the performance, accomplishments, potential, and limitations of students while attending military schools and courses of instruction or training. b. Soldiers attending institutional training courses are expected to meet the Army’s physical fitness and body composition standards. c. AERs with a “Fail” for the APFT indicating noncompliance with the standards of AR 350–1 are referred or adverse reports. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170007217 5 1