ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 December 2019 DOCKET NUMBER: AR20180015372 APPLICANT REQUESTS: removal of the DA Form 1059 (Service School Academic Evaluation Report), dated 10 May 2017, 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) * Unspecified medical records referenced in the applicant's DD Form 149 were not attached REFERENCES: 1. Army Regulation 623-3 (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. The DA Form 1059 is used to report the performance of students attending schools within the Army or Department of Defense. A DA Form 1059 is required for commissioned officer and warrant officer basic and advanced courses. Paragraph 3-13 states the Army Physical Fitness Test (APFT) performance entry and date, height and weight requirements, and verification of compliance with Army Regulation 600-9 (The Army Body Composition Program) are entered in Part II, blocks b and c. 2. Army Regulation 600-9 (The Army Body Composition Program) establishes policies and procedures for the implementation of the Army Body Composition Program. Paragraph 3-2 states Soldiers are required to meet the prescribed body fat standard, as indicated in appendix B. Soldiers will be screened every 6 months, at a minimum, to ensure compliance with this regulation. The only authorized method of estimating body fat is the circumference-based tape method outlined in appendix B. Commanders are authorized to use the weight for height table as a screening tool in order to expedite the semi-annual testing process. If Soldiers do not exceed the authorized screening table weight for their age and measured height, no body fat assessment is required. Commanders have the authority to direct a body fat assessment on any Soldier who they determine does not present a soldierly appearance to ensure the Soldier meets the screening table weight for his or her measured height. 3. Army Regulation 350-1 (Army Training and Leader Development) provides policy concerning physical readiness and body fat standards applicable to institutional training. All Soldiers attending institutional training courses are expected to meet the physical readiness and body fat standards. Soldiers attending select primary military education, to include warrant officer advanced courses, will be administered the APFT for record as a course requirement. Successful completion of the APFT is mandatory for course graduation. One APFT retest is allowed and it will be administered no earlier than 7 days and no later than 24 days after initial failure of the APFT. Soldiers who subsequently fail to meet the physical fitness standards will be removed from the course. The regulation does not include a provision for Soldiers who become injured or hospitalized during the academic course. 4. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes policies governing the Army Military Human Resource Records Management Program. The Army Military Human Resource Record (AMHRR) includes, but is not limited to, the Official Military Personnel File, finance related documents, and non- service related documents deemed necessary to store by the Army. Paragraph 3-6 provides that once a document is properly filed in the AMHRR, the document will not be removed from the record unless directed by the ABCMR or other authorized agency. Appendix B (Documents Required for Filing in the AMHRR and/or Interactive Personnel Electronic Records Management System) shows the DA Form 1059 is filed in the performance folder of the AMHRR. There is no provision for removal of an academic evaluation report for Soldiers who fail to achieve course standards and later achieve course standards. FACTS: 1. The applicant states the DA Form 1059, dated 10 May 2017, for his performance at the Automotive Maintenance Warrant Officer Advanced Course should be removed from his AMHRR. a. Earlier in his military career, he sustained an injury and was re-injured while attending the course. As a result, he was unable to successfully pass the APFT. He was under the impression that it would not have a negative effect against him if were unable to complete the last APFT event due to his injury and he would be able to reenroll after his deployment. b. He successfully completed the Automotive Maintenance Warrant Officer Advanced Course on 3 August 2018. 2. On 3 July 2015, he was appointed as a warrant officer in the Regular Army in the rank/grade of chief warrant officer two/CW2. 3. The DA Form 1059, dated 10 May 2017, shows he attended the Automotive Maintenance Warrant Officer Advanced Course from 18 April 2017 through 10 May 2017. a. Block 11 (Performance Summary) is marked "Failed to Achieve Course Standards." b. Block 14 (Comments) states he failed to meet the APFT standards by not meeting the minimum requirement of 60 points in each event on two consecutive APFTs within the required 21-day period from the initial APFT. It also contains the notations: * FAIL 20170419 68/245 NO * FAIL 20170510 68/216 YES 4. His records are void of any medical records documenting his injuries or showing he was assigned a permanent physical profile rating that would have exempted him from taking the APFT. 5. The DA Form 1059, dated 3 August 2018, shows he attended the Automotive Maintenance Warrant Officer Advanced Course from 20 May 2018 through 3 August 2018. a. Block 11 (Performance Summary) is marked "Achieved Course Standards." b. Block 14 (Comments) contains the notation: "PASS 20180523 67/207 YES." 6. On 27 September 2019, the Army Review Boards Agency notified him in writing that the medical records listed in his application were not included. He was advised his case would be placed on hold for a period of 14 days to allow him to provide the documentation. He did not respond. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the contested document in his record and his subsequent completion of the same course as documented on the DA Form 1059, dated 3 August 2018. The Board found that the applicant provided no medical documentation to support his claim regarding the contested document or to show that the information regarding his failure to meet course standards was incorrect. Based on a preponderance of evidence, the Board determined that the DA Form 1059, dated 10 May 2017 in the applicant’s AMHRR was not there in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. ADMINISTRATIVE NOTE(S): not applicable. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180015372 4 1