IN THE CASE OF: 

		BOARD DATE: 4 October 2023

		DOCKET NUMBER: AR20230001827


APPLICANT REQUESTS: removal of the DA Form 1059 (Service School Academic 
Evaluation Report), dated 2 May 2014.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Self-Authored Statement
*	DA Form 1059 dated 2 May 2014
*	DA Form 1059 dated 22 June 2016
*	Medical Records (8 pages)


FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, 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 is requesting the removal of the negative DA Form 1059 for 
Warrior Leader Course (WLC) 600-C44, Class 06-14, since the injustice was due to no 
fault of her own. She was released from WLC, now known as Basic Leader's Course 
(BLC), because she was unable to successfully pass the Army Physical Fitness Test 
(APFT) due to an injury her unit was aware of. On 16 April 2014, five days prior to the 
start date of the course, she was escorted by her squad leader and felt pressured into 
modifying her profile in order to attend WLC. In less than two months, after the events at 
WLC, she had a medical procedure done and placed on two weeks of convalescent 
leave. The failure and injustice at WLC could have been avoided if she was afforded the 
time by her leadership and unit to heal properly before attending the course. She 
believes it was their negligence which resulted in her further injuring herself and 
subsequent dismissal from WLC that resulted in a negative AER.

3.  The applicant provides:

a.	The below listed documents to be referenced I the service record:

*	DA Form 1059 dated 2 May 2014
*	DA Form 1059 dated 22 June 2016

   b.  Her medical records (8 pages) for outpatient treatment received at the podiatry 
clinic from approximately 24 February 2014 through approximately 27 June 2014.

4.  A review of the applicant’s service record shows:

   a.  She enlisted in the Regular Army on 11 July 2011.

	b.  Her Enlisted Record Brief shows she deployed to Afghanistan from 1 July 2014 
through 24 October 2014.

   c.  A DA Form 1059, dated 2 May 2014, shows the applicant attended WLC 600-
C44, Class 06-14, from 21 April 2014 to 2 May 2014. The DA Form 1059 contains the 
following:

*	Block 11 (Performance Summary) – Failed to Achieve Course Standards
*	Block 14 (Comments) – the applicant “was released from the course for 
academic reasons IAW AR 350-1, para 3-14f.”

   	d.  A second DA Form 1059, dated 22 June 2016, shows the applicant attended 
BLC 600-C4, Class 07-16, from 23 May 2016 to 23 June 2016.  The DA Form 1059 
contains the following:

*	Block 11 (Performance Summary) – Exceeded Course Standards
*	Block 14 (Comments) – the applicant “graduated in the top 20% academically 
and was placed on the Commandant’s List... resulted in being selected to 
receive the CSM (R) Jimmy Johnson Academic Leadership Award”

5.  By regulation (AR 623-3), the DA Form 1059 is used to document the performance, 
accomplishments, potential, and limitations of Soldiers while attending military schools 
and courses of instruction or training. The reporting official will be responsible for the 
qualitative and quantitative assessment of students’ abilities and the accuracy of the 
information in the completed DA Form 1059.  

6.  By regulation (AR 600-8-104), the DA Form 1059 for active-duty Soldiers and U.S. 
Army Reserve Soldiers would be filed in the performance folder of the AMHRR. Once 
placed in the AMHRR, the document becomes a permanent part of that file.  The 
document will not be removed from or moved to another part of the AMHRR unless 
directed by certain agencies, to include this Board.  
7.  MEDICAL REVIEW:

    a.  The Army Review Boards Agency (ARBA) Medical Advisor was asked to review 
this case. Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the military electronic medical record (AHLTA), the VA 
electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the 
Medical Electronic Data Care History and Readiness Tracking (MEDCHART) 
application, and the Interactive Personnel Electronic Records Management System 
(iPERMS).  The ARBA Medical Advisor made the following findings and 
recommendations:  
    b.  The applicant is applying to the ABCMR requesting removal of a negative Service 
School Academic Evaluation Report (DA Form 1059, aka an AER) from her official 
military personnel file (OMPF).  She states:
“I was released from Warrior Leader Course 600-C44 06-14, now known as 
Basic Leader's Course (BLC), for academic reasons IAW AR 350-1 Para 3-14f.  I 
couldn't successfully pass the APFT due to an injury that my unit was aware of in 
advance. 
On April 16, 2014, five days prior to start date of the course, I was escorted by 
my squad leader and pressured into modifying my profile in order to attend 
Warrior Leader's Course (WLC).  In less than two months after the events at 
WLC, I had a medical procedure done and placed on two weeks of convalescent 
leave. 
The failure and injustice at WLC could have been avoided if I was afforded the 
time by my leadership and unit to heal properly before attending the course. 
Their negligence resulted in me further injuring myself and dismissal from WLC 
that resulted in a negative AER.”
    c.  The Record of Proceedings outlines the applicant’s military service and the 
circumstances of the case.  
    d.  An AER dated 2 May 2014 shows the applicant’s WLC began on 21 April 2014 
and she was dismissed on 2 May 2014 after she failed to achieve course standards: 
“SPC [Applicant] was released from the course for academic reasons IAW AR 350-1 
Para 3-14f.”  Paragraph 3-14f of AR 350-1, (18 December 2009):
“Dismissals for misconduct, lack of motivation, academic deficiency, or failure to 
maintain physical fitness or height and weight standards (for officers) will be 
recorded on the individual’s DA Form 1059, if applicable, in accordance with AR 
623–3. Foreign student dismissals will be handled in accordance with AR 12–15.”
    e.  A 24 February 2014 AHLTA podiatry encounter from Darnall Army Medical Center 
shows the applicant was being treated for plantar fasciitis of her left foot:
“23-year-old female presents for follow up of left foot plantar fascia injection.  
Patient presents for left foot pain which has been present for approximately 12 
months.  She was previously diagnosed with plantar fasciitis and has been 
treated with RICE, inserts, oral anti-inflammatories, and steroid injections.  
She notes occasional pain to her left foot with high impact activities to include 
running and ruck marching.  She notes that the pain to her left heel has returned, 
as she was "forced" to return to high impact activities.”
    f.  From a 16 April 2024 podiatry encounter:
“Reason for Telephone Consult: Permanent profile modification
Telephone Consult Comments: Patient came in with her NCO to see if she can 
change her alternate event from biking to walking/running.  The unit is wanting 
this done before Monday because she starts WLC. She is wanting to speak with 
you about this also, and she can be reached at ()--.
Assessment/Plan:
Flat foot: The patient's P2 profile has been modified”
    g.  From a 30 April 2014 podiatry encounter:
“Telephone Consult Comments: Patient came in to say that the pain is getting 
worse, and she wanted to know if you could enter a consult for her to receive 
custom inserts. She is scheduled for shockwave in June.
Assessment/Plan:  Plantar fasciitis
Consult(s): Referred To: 
    h.  A 31 June 2014 podiatry encounter shows the condition was treated with 
extracorporeal shockwave therapy that day.
    i.  The reason for her academic failure is unknown.  Even if it had been due to 
failure(s) of the Army Physical Fitness Test, she was on a modified physical profile at 
the time and the requirement to “maintain physical fitness” while in the Army was not 
voided.  Her enrollment into WLC was within the authority of her command.
    j.  It is the opinion of the Agency Medical Advisor that her request should be denied.   



BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was warranted. The Board carefully 
considered the applicant's record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulations. Upon review of the applicant’s petition, available military records and 
medical review, the Board considered the advising official finding that even if it had 
been due to failure(s) of the Army Physical Fitness Test, she was on a modified physical 
profile at the time and the requirement to “maintain physical fitness” while in the Army 
was not voided.  Her enrollment into WLC was within the authority of her command. The 
Board noted, at the time the applicant was a lower enlisted Soldier and was highly 
encouraged by her leadership to adjust her profile. 

2.  The Board determined there is sufficient evidence to support the applicant request 
for removal. The Board found once the applicant was physically fit to attend her course, 
she exceeded the standards and was ultimately selected to receive the CSM (R) Jimmy 
Johnson Academic Leadership Award, based on her academic achievements. 
Furthermore, the Board agreed, the applicant’s record should not be tarnished as a 
lower enlisted, based on her performance when she attended the course the second 
time and excelled. Based on this, the Board granted relief for removal of the 
DA Form 1059 (Service School Academic Evaluation Report) dated 2 May 2014.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


?
BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief. As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by removing the DA Form 
1059 (Service School Academic Evaluation Report), dated 2 May 2014 from the 
applicant’s Army Military Human Resource Record (AMHRR).


	 
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, 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 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) prescribes policy and tasks 
for the Army’s Evaluation Reporting System, including officer, noncommissioned officer, 
and academic evaluation reports focused on the assessment of performance and 
potential.   

	a.  Paragraph 1-8 (Standards of service) states for school evaluations, the applicable 
evaluation report forms are DA Form 1059 (for military institutions) or DA Form 1059–1 
(for civilian institutions).  These evaluations focus exclusively on the Soldier’s 
performance and accomplishments while attending a school or course.  The time period 
covered by Academic Evaluation Reports is counted as nonrated time on 
officer/noncommissioned officer evaluation reports covering the same period.

	b.  Paragraph 3-14 (DA Form 1059), the DA Form 1059 is used to document the 
performance, accomplishments, potential, and limitations of Soldiers while attending 
military schools and courses of instruction or training.  The reporting official will be 
responsible for the qualitative and quantitative assessment of students’ abilities and the 
accuracy of the information in the completed DA Form 1059.  For students who are 
released from, or resign from, a course early through no fault of their own, approved 
retirement, or resignation from military service, concise details about the early release 
will be explained in the rater’s narrative. 

	c.  Paragraph 3-27 (Referred DA Form 1059), academic reports with certain 
negative information such as a No response, unsatisfactory rating, failing to achieve 
course standards, or contain derogatory comments, are considered referred reports.  
The academic reports on students released from a course of instruction or degree 
program through no fault of their own (for example, medical or compassionate reasons), 
approved retirement, or resignation from Army service will receive academic evaluation 
reports and item 14 will be left blank on DA Form 1059.  It will not be referred and the 
circumstances will be fully explained in item 14 (DA Form 1059).

3.  Army Regulation 600-8-104 (Army Military Human Resource Records (AMHRR) 
Management) governs the composition of the AMHRR and states the performance 
folder is used for filing performance, commendatory, and disciplinary data.  Once placed 
in the AMHRR, the document becomes a permanent part of that file.  The document will 
not be removed from or moved to another part of the AMHRR unless directed by certain 
agencies, to include this Board.  

	a.  The HRC Army Personnel Records Division (APRD) updates the list of Required 
Documents for filing in the AMHRR quarterly. The new list of Required Documents will 
supersede the list in Table B-1, Appendix B of AR 600-8-104. 

b.	The DA Form 1059 for active duty Soldiers and U.S. Army Reserve Soldiers 
would be filed in the performance folder of the AMHRR. 

4.  Section 1556 of Title 10, United States Code, requires the Secretary of the Army to 
ensure that an applicant seeking corrective action by the Army Review Boards Agency 
(ARBA) be provided with a copy of any correspondence and communications (including 
summaries of verbal communications) to or from the Agency with anyone outside the 
Agency that directly pertains to or has material effect on the applicant's case, except as 
authorized by statute. ARBA medical advisory opinions and reviews are authored by 
ARBA civilian and military medical and behavioral health professionals and are 
therefore internal agency work product. Accordingly, ARBA does not routinely provide 
copies of ARBA Medical Office recommendations, opinions (including advisory 
opinions), and reviews to Army Board for Correction of Military Records applicants 
(and/or their counsel) prior to adjudication.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230001827


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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