IN THE CASE OF:
BOARD DATE: 23 March 2010
DOCKET NUMBER: AR20090017720
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the DA Form 1059 (Service School Academic Evaluation Report), dated 7 July 1992, [herein identified as the contested AER] for the Primary Leadership Development Course (PLDC) Class Number 07-92 be removed from his official military personnel file (OMPF).
2. The applicant states that the contested AER is incorrect and needs to be replaced with his diploma from PLDC.
3. The applicant provides a copy of the contested AER and his diploma from PLDC, dated 4 November 1993, in support of his application.
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 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. 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant is currently serving on active duty in the rank/pay grade sergeant first class/E-7.
3. On 7 July 1992, the applicant received the contested AER and the preparing official marked the block "failed to achieve course standards" in item 13 (Performance Summary). In item 16 (Comments) the preparing official indicated that the applicant could be allowed to return to PLDC again when both the unit commander and the school commandant determined that he was prepared to successfully complete the course.
4. The applicant successfully completed PLDC Class 1-94 on 4 November 1993. His service personnel record does not include an AER for the period 5 October 1993 through 4 November 1993. His PLDC diploma is filed in his OMPF.
5. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides in Table 2-1 (Composition of the OMPF) that the AER will be filed in the performance section of the OMPF. This regulation also provides that once filed such documents become a permanent part of the OMPF and may only be removed by one of several agencies, one of which is the ABCMR.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the contested AER is incorrect and needs to be replaced with his diploma from the PLDC. However, the applicant has not provided compelling evidence which indicates the contested AER was improperly filed in his OMPF.
2. The applicant was issued the contested AER on 7 July 1992 which reflected he failed to achieve the course standards. He received the contested AER and it was properly filed in his OMPF.
3. The applicant successfully completed PLDC in November 1993. There is no record of his AER covering the period 5 October 1993 through 4 November 1993. However, his diploma, dated 4 November 1993, was properly filed in his OMPF.
4. The applicant has failed to show through the evidence submitted with his application or the evidence of record that an error or injustice exists in his case. Therefore, there is no basis for removing the contested AER from his OMPF.
BOARD VOTE:
________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________X___________
CHAIRPERSON
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.
ABCMR Record of Proceedings (cont) AR20090017720
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ABCMR Record of Proceedings (cont) AR20090017720
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