ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 September 2020 DOCKET NUMBER: AR20190010853 APPLICANT REQUESTS: removal of the DA Form 1059 (Service School Academic Evaluation Report), dated 12 August 2011, from her Official Military Personnel File. 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 Form 1059, dated 12 August 2011 * DA Form 1059, dated 24 April 2013 * Warrior Leader Course Diploma, dated 26 April 2013 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), in effect at the time, prescribed the procedures for completing evaluation reports that support the Evaluation Reporting System, including academic evaluation reports. a. Paragraph 6-7h states appeals based on administrative error only would be adjudicated by the U.S. Army Human Resources Command for active duty enlisted personnel. Claims of administrative error pertain to Parts 1 through 12 of the DA Form 1059. Removal of a report for administrative reasons will be allowed only when circumstances preclude correction of errors, and then only when retention of the report would clearly result in an injustice to the Soldier. b. There are no provisions for removal of a DA Form 1059 from the Official Military Personnel File for successful completion of a subsequent course. 3. 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. a. 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. b. Appendix B (Documents Required for Filing in the AMHRR and/or Interactive Personnel Electronic Records Management System) contains the list of all documents approved by Department of the Army and required for filing in the AMHRR and/or interactive Personnel Electronic Records Management System. The DA Form 1059 is filed in the performance folder of 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 she was dismissed from WLC Class 011-11 for allegedly plagiarizing a memorandum for record. At the time of the incident, she tried to explain that she had made an honest mistake and tried to plead her case. She was told she could contest the allegations to the command or just be dismissed and return in 6 months. She chose to return in 6 months since she felt the honest mistake was due to not being fully prepared. She used the time to prepare herself for the WLC before returning to another class. After the suspension time period, she returned to the WLC and graduated on the Commandant's List and exceeded course standards. The DA Form 1059, dated 11 August 2012, is holding her back from career advancement. 3. Her DA Form 1059 for WLC Class 011-11, dated 11 August 2012, shows in: a. block 11 (Performance Summary): "Failed to Achieve Course Standards"; and b. block 14 (Comments): "[Applicant] failed to achieve course standards and is dismissed for violating the student honor code for plagiarism. [Applicant] demonstrated poor judgement when she copied another student's work on the Army correspondence evaluation. This Warrior is eligible for NCOES after a period of 6 months has elapsed." 4. Her DA Form 1059 for WLC Class dated 24 April 2013, shows in: a. block 11 (Performance Summary): "Exceeded Course Standards"; b. block 12 (Demonstrated Abilities): "Superior" ratings in Written Communication, Oral Communication, Leadership Skills, and Contribution to Group Work; and c. block 14 (Comments): "[Applicant] exceeded course standards and was placed on the Commandant's List. She conveyed written views with meticulous attention to detail and earned a superior rating on all written evaluations. [Applicant] was an excellent speaker who gained confidence and enthusiasm when speaking as a group member or presenting a briefing. She displayed superior leadership while serving as a squad leader as well as the Platoon Sergeant during this course. [Applicant] provided expert advice and gave positive direction toward the group's cohesiveness, learning ability, and group goals. She received an overall GPA [grade point average] of 95.17%. 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 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 : 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (continued) AR20190010853 4 1