IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20110005707 


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 the following documents be removed from her official military personnel file (OMPF):

* DA Form 1059 (Service School Academic Evaluation Report), dated 
14 July 2005
* duplicate Army Good Conduct Medal orders, dated 17 September 2004, filed under two categories in the performance section of her OMPF

2.  The applicant states she does not dispute the circumstances surrounding her failure to complete school; however, she does feel the document has been in her record long enough and has served its purpose.  Subsequently, she completed the school and the evaluation report was posted to her OMPF on 15 October 2006 proving that the previous training was superseded.  She has also completed other military schools of the same nature.  She contends her evaluations serve as evidence that her performance has been in the best interest of the Army.  Additionally, the same Army Good Conduct Medal appears under the categories "AWD ORDER" and "AWD DOC" in her OMPF.

3.  The applicant provides four DA Forms 2166-8 (NCO Evaluation Report (NCOER)) covering the period 1 November 2005 through 30 April 2010.

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 a Regular Army staff sergeant (SSG) who initially enlisted on 18 July 2001.  

3.  On 15 June 2005, the applicant enrolled in the Primary Leadership Development Course, Fort Lewis, WA.  She was released from the course for misconduct on 4 July 2005.  The DA Form 1059 she was issued shows she "failed to achieve course standards."  This form is filed in the performance section of her OMPF.

4.  The applicant's records further show she was enrolled in the same course, currently known as the Warrior Leader Course, on 20 September 2006 and she successfully completed the course on 5 October 2006.  The DA Form 
1059 she was issued shows she achieved course standards.  This form is also filed in the performance section of her OMPF.

5.  The applicant provides four NCOERs which show she received commendable ratings for the period 1 November 2005 through 30 April 2010.

6.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF.  Chapter 2 provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.  Table 2-1 (Composition of the OMPF) shows that the DA Form 
1059 and award orders are filed in the performance section of the OMPF.

7.  Paragraph 2-5, Section II, Army Regulation 15-185 (Army Board for Correction of Military Records), states that the Board will not consider any application if it determines that a member has not exhausted all administrative remedies available.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests an Academic Evaluation Report showing she failed to achieve course standards and a duplicate Army Good Conduct Medal order be removed from her OMPF.

2.  The evidence of record shows the applicant was released from the course of instruction on 4 July 2005 for misconduct.  She later successfully completed the course on 5 October 2006; however, completion of the course does not warrant the removal of the initial DA Form 1059 because there is no error or injustice.  This DA Form 1059 is correctly filed in the performance section of her OMPF.

3.  The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier.  In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods and any corrections to other parts of the OMPF.  Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.

4.  In reference to removing the duplicate Army Good Conduct Medal from her OMPF, there is no evidence that the applicant attempted to resolve this issue through her local personnel office or the U.S. Army Human Resources Command.  She should first contact her unit S-1 and if they are unable to assist her, the U.S. Army Human Resources Command website provides guidance on how to make corrections to the OMPF.  All requests for duplicate or erroneous document corrections should be forwarded to: PERMS.RECORDS@conus.army.mil.  The email message must state the name, SSN, and a detailed listing of all the duplicate and/or misfiled document(s).  If there is an error in description or posting dates, then indicate that in the description so the document can be found and corrections made.  The listing should show the document name and effective date that is listed in the iPERMS (Integrated Personnel Electronic Records Management System) record.  

5.  In view of the above, her request should be denied.








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)                                         AR20110005707





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ABCMR Record of Proceedings (cont)                                         AR20110005707



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