IN THE CASE OF: BOARD DATE: 17 February 2022 DOCKET NUMBER: AR20210012874 APPLICANT REQUESTS: * Restoration of her rank/grade to sergeant (SGT)/E-5 * Correction of DA Form 1059 (Service School Academic Evaluation Report), block 13 (Performance Summary), dated 1 March 2002, to show "achieved course standards" * Correction of a DA Form 4187 (Personnel Action) to show the correct authority for reduction * A personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1059, dated 1 March 2002 * Permanent Orders Number 065-1, dated 6 March 2002 * DA Form 4187, dated 6 March 2002 * Memorandum, Subject: Notification of Release, dated 1 March 2002 * Orders Number 031-002, dated 31 January 2002 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 October 2002 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 she discovered an error/injustice in her Army personnel record on 19 April 2021. This was the first time viewing her online DA Form 1059 releasing her from the Primary Leadership Development Course (PLDC) due to disciplinary release with no further explanation of the circumstances of her release. She did receive a memorandum stating her release was for disciplinary reasons due to a lack of motivation. She was verbally told it was for sleeping in class and she was coerced to sign the memorandum. She did not wish to appeal because she was guilty of going to sleep at least once in class. The next day after signing the memorandum, she verbally requested an appeal, but was told that an appeal was no longer possible because she waived her rights to an appeal by signing the memorandum. Upon examination of the DA Form 1059 with no comment or supporting documentation for block 16 (Comments) other than disciplinary release, it is her belief that she was erroneously released from PLDC 7 days before graduation after being allowed to complete and pass the Army Physical Fitness Test and course requirements. 3. A review of the applicant's official records shows the following: a. On 10 September 1999, the applicant enlisted in the Regular Army. b. On 31 January 2002, Orders Number 031-002, issued by the U.S. Army NATO Regional Command South, promoted the applicant to the rank of SGT, effective 1 February 2002. These orders state "Soldier has not met the Noncommissioned Officer Education System (NCOES) requirement and is promoted conditionally. If the Soldier does not attend and successfully complete PLDC as scheduled, not to exceed 12 months from the effective date of this order, the Soldier will be administratively reduced and will have to be boarded again to regain promotable status." c. A DA Form 1059 shows the applicant attended PLDC at the 7th Army Noncommissioned Officer Academy (NCOA). This form shows the following: (1) Item 10 (Period of Report) 6 February 2002 through 1 March 2002. (2) Item 11 (Duration of Course) 6 February 2002 through 8 March 2002. (3) Item 13 (Performance Summary) "failed to achieve course standards." (4) Item 15 (Has the student demonstrated the academic potential for selection to higher level schooling) "no." (5) Item 16 (Comments) "disciplinary release." d. A DA Form 2-1 (Personnel Qualification Record), item 18 (Appointments and Reductions), shows the applicant was reduced to the rank of specialist (SPC) effective 2 March 2002 with a date of rank of 10 September 1999 (initial effective date of her promotion to SPC). e. On 1 October 2002, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) in the rank of SPC. 4. The applicant provides: a. Permanent Orders Number 065-1, issued by the U.S. Army NATO Regional Command South, which reduced the applicant from SGT to SPC, effective 3 March 2002. b. DA Form 4187 showing the applicant's immediate commander approved her reduction from SGT to SPC under the provisions of Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions), paragraph 3-31(13). c. Memorandum, Subject: Notification of Release, which notified the applicant she was released from the Seventh Army NCOA for disciplinary reasons due to a lack of motivation. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. The Board found the available evidence sufficient to fully and fairly consider this case without a personal appearance by the applicant. 2. The Board found insufficient evidence to support a conclusion that the applicant was improperly released from PLDC before completing the course. The reason for her release was documented in a memorandum, and she elected not to appeal. As a result, she was reduced in grade as required by the regulatory authority referenced on the DA Form 4187 she provided. Based on a preponderance of evidence, the Board determined the DA Form 1059 and DA Form 4187 in question are not in error or unjust. The Board further determined the applicant's reduction to SPC was not in error or unjust. 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 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions): a. Paragraph 1-27 (NCOES requirement for promotion and conditional promotion) states a Soldier must be a PLDC gradate for promotion to SGT. Those Soldiers who fail to successfully complete NCOES will have their conditional promotions revoked and will be removed from the promotion list. Provided otherwise eligible, those Soldiers will recompete for promotion. b. paragraph 3-31(13) states a Soldier will be immediately removed from the recommended list when the Soldier fails required NCOES course for cause or academic reasons. Once the Soldier is removed the action is final. 3. AR 15-185 (ABCMR) states in paragraph 2-9 the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210012874 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1