RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 September 2007
DOCKET NUMBER: AR20070011895
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Jerome L. Pionk
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests removal from her official military personnel File (OMPF) the Service School Academic Evaluation Report (DA Form 1059) for the period from 5 September 2000 to 3 November 2000.
2. The applicant states that she was suppose to have left the Chemical Basic Noncommissioned Officers Course prior to completion due to medical reasons. However, she was subsequently found fit for duty and completed the course of study. As a result, two DA Forms 1059 were placed in her OMPF. One shows that she failed to achieve course standards and the other shows that she achieved course standards.
3. The applicant provides copies of her DA Forms 1059.
CONSIDERATION OF EVIDENCE:
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 applicants 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant, at the time of her application, was serving on active duty in the Regular Army, in the rank of sergeant, pay grade E5.
3. Records show that a DA Form 1059 was issued on 3 November 2000, for the applicants failure to achieve course standards, due to medical reasons, in the Chemical Basic Noncommissioned Officers Course Number 6-00 for the period from 5 September 2000 to 3 November 2000.
4. Records show that a DA Form 1059 was issued on 6 December 2000, for the applicants achievement of course standards in the Chemical Basic Noncommissioned Officers Course Number 6-00 for the period from
5 September 2000 to 6 December 2000.
5. Army Regulation 600-8-104 (Military Personnel Information Management/Records) provides, in pertinent part, that once a document is placed in the official military personnel file, it becomes a permanent part of that file. The document will not be removed from the fiche or moved to another part of the fiche unless directed by The Army Board for Correction of Military Records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show that the Chemical School published two sets of academic evaluations for the same course of training, with one showing her as failing course standards due to medical reasons, and the other showing that she achieved the course standards.
2. It appears that the applicant was erroneously identified as a loss to the course of study due to medical reasons and that a DA Form 1059 was submitted for filing in her OMPF. However, she was found to be fit and did complete the course of study, as evidenced by the subsequent DA Form 1059.
3. The Army has an interest in maintaining the accuracy of its records. It is also important that these records be as concise as possible to help preclude misinterpretation by individuals or boards during their review of these records. Therefore, it is prudent to remove the inaccurate DA Form 1059, dated
3 November 2000, that shows she did not achieve course standards.
BOARD VOTE:
_JLP___ __LMD__ WDP_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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, dated 3 November 2000 from her OMPF.
__ William D. Powers ____
CHAIRPERSON
INDEX
CASE ID
AR20070011895
SUFFIX
RECON
DATE BOARDED
20070925
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
111.0100
2.
3.
4.
5.
6.
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