IN THE CASE OF: BOARD DATE: 19 March 2020 DOCKET NUMBER: AR20180011054 APPLICANT REQUESTS: removal of the DA Form 1059 (Service School Academic Evaluation Report (AER)) received for academic failure on 18 April 2012 from his Army Military Human Resource Record (AMHRR). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DA Forms 1059, dated 18 April 2012, 20 June 2012, 1 February 2016, and 6 December 2017 * Diploma, Warrior Leader Course, dated 22 June 2012 * Diploma, Signal Support Systems Specialist Advanced Leader Course, dated 2 February 2016 * Diploma, Signal Support Systems Supervisor Senior Leaders Course, dated 6 December 2017 * DA Forms 2166-8 (NCO Evaluation Report (NCOER)) covering the periods 1 November 2012 through 31 October 2013, 1 November 2013 through 23 April 2014, and 24 April 2014 through 23 April 2015 * DA Forms 2166-9-1 (NCOER (SGT)) covering the periods 24 April 2015 through 22 April 2016 and 21 April 2016 through 10 August 2016 * DA Form 2166-9-2 (NCOER (SSG-1SB/MSG)) covering the period 11 August 2016 through 18 July 2017 * College Transcripts, University of Phoenix, dated 27 February 2017 REFERENCES: 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. 2. Army Regulation 623-3 (Evaluation Reporting System), effective 10 September 2007 and in effect at the time, prescribed the policies for completing evaluation reports that support the Evaluation Reporting System, including AERs. a. Paragraph 3-18 (DA Form 1059) stated AERs report the accomplishments, potential, and limitations of individuals while attending courses of instruction or training. The service school commandant for service school resident courses is responsible for preparing AERS for successful course completion and unsatisfactory course completion. b. Paragraph 3-20 (Evaluation Parameters) stated each report will be an independent evaluation of the rated Soldier for a specific rating period. It will not refer to prior or subsequent reports. It will not remark on performance or incidents occurring before or after the period covered. c. Paragraph 3-35 (Referred DA Forms 1059) stated AERs with the following entries are referred or adverse evaluation reports. Such evaluation reports will be referred to the rated Soldier or student by the reviewing official for acknowledgment and an opportunity to comment before being submitted to Headquarters, Department of the Army: * any report with a "NO" response * any report with an "UNSAT" rating * any report with a "Marginally Achieved Course Standards" response * any report with a "Failed to Achieve Course Standards" response * any report with comments that in the opinion of the reviewing official are so derogatory that the AER may have an adverse impact on the Soldier's career d. Paragraph 3-36 (Referral Process) stated the referral process ensures the rated Soldier knows the AER contains negative or derogatory information and affords the Soldier an opportunity to sign the AER and submit comments, if desired. If referral is required, the senior rater will ensure an "X" is placed in the appropriate box on the completed AER. e. Paragraph 3-39 (Modification to Previously Submitted Evaluation Reports) stated an evaluation report accepted by Headquarters, Department of the Army, and included in the official record of a rated Soldier is presumed to be administratively correct. Requests that a completed evaluation report filed Soldier's AMHRR be altered, withdrawn, or replaced with another evaluation report will not be honored. 3. Army Regulation 350-1 (Army Training and Leader Development), in effect at the time, prescribed policies, procedures, and responsibility for developing, managing, and conducting Army training and leader development. Paragraph 3-18b(3) (Student Dismissal) stated students may be considered for dismissal from courses for academic deficiency demonstrated by failure to meet course standards or lack of academic progress that makes it unlikely that the student can successfully meet the standards established for graduation. 4. Army Regulation 600-8-104 (Army Military Human Resource Records Management), in effect at the time, prescribed the policies governing the AMHRR. Appendix B (Documents Required for Filing in the AMHRR and/or iPERMS (Interactive Personnel Electronic Records Management System) stated service school AERs are required for filing the AMHRR. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the 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 he would like to replace his original DA Form 1059 with the DA Form 1059 for completing the course on 8 June 2012. After he completed the Warrior Leader Course, he completed the Advanced Leader Couse and the Senior Leader Course with a grade point average of 90 percent or better. He has earned his Bachelor's Degree in Business Management to demonstrate resilience and perseverance. He would like the Board to look at his work history and career progression when making the final decision whether to remove his original DA Form 1059 in support of his future. 3. A review of the applicant's AMHRR in the iPERMS shows the referred AER covering the period 13 April 2012 through 18 April 2012 is filed in the performance folder. a. Block 6 (Course Title) shows he attended the Warrior Leader Course 600-C44, Class 12-008. b. Block 9 (This is a Referred Report, Do You Wish to Make Comments?) shows he elected not to make comments. c. Block 11 (Performance Summary) shows the rater marked "Failed to Achieve Course Standards." d. Block 14 (Comments) shows the rater commented: "[Applicant] failed to achieve course standards. He failed to meet the minimum standards on the initial test and re- test on the Leadership Evaluation. [Applicant] was dismissed from the course before completing all performance evaluations for academic reasons..." 4. A review of the applicant's AMHRR in the iPERMS shows the AER covering the period 8 June 2012 through 22 June 2012 is filed in the performance folder. a. Block 6 (Course Title) shows he attended the Warrior Leader Course 600-C44, Class 12-010. b. Block 11 (Performance Summary) shows the rater marked "Achieved Course Standards." c. Block 14 (Comments) shows the rater commented: "[Applicant] achieved course standards. He displayed adequate results by using the army writing process to effectively communicate. [Applicant] demonstrated effective oral communication skills throughout the course. He scored 94.82% in garrison and tactical leadership. [Applicant] provided timely input that assisted in the group success." 5. The applicant provided two additional AERs, six NCOERs, and his college transcripts to demonstrate his resilience and perseverance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that removal or amendment of the AER is not warranted. The board found that regulation does not allow for the removal of an AER once it is accepted by HRC, it is deemed administratively correct, and it is added to the Solder’s AMHRR. The applicant received the AER and placed an X in the block “NO” of item 9 (This is a Referred Report, Do You Wish To Make Comments?”, indicating he did not contest it or submit matters in rebuttal at that time. The Board found that the weight of the evidence does not reflect that the applicant’s AER is materially incorrect, inaccurate, or unjust, with regards to the applicant's academic failure. The Board found the AER represented the considered opinions and objective judgment of the rating officials at the time of preparation. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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. ADMINISTRATIVE NOTE(S): Each AER is an independent evaluation of the rated Soldier for a specific rating period. There is no regulatory provision for removing an AER on the basis that an individual subsequently attended and successfully met course standards. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180011054 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1