BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110023426
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 reconsideration of correction to his record by removing a Certificate of Training for completion of the Combat Lifesaver Course from his Official Military Personnel File (OMPF).
2. In a sworn affidavit, the applicant states while reviewing his OMPF in preparation for below-the zone consideration by a promotion board he discovered a Certificate of Training for completion of the Combat Lifesaver Course was erroneously filed in his OMPF. He further states although he signed up to take the course, he never attended the Combat Lifesaver Course. He attributes this error to the possibility that certificates of completion were prepared in advance for everyone who signed up and his was not destroyed when he did not attend the course. The applicant states his numerous attempts to have the erroneous document rescinded or removed from his record were unsuccessful. In an effort to prove he did not attend the course, he attempted to obtain copies of the course's daily sign-in rosters, but was informed they are no longer available. As a result, he was referred to the Army Board for Correction of Military Records (ABCMR) to seek relief. This year he was in the zone for promotion so, he sent a letter to the promotion board informing them he was attempting to remove the erroneous certificate from his OMPF. He was subsequently considered for promotion, but not selected and speculates the presence of the erroneous certificate may have contributed to his nonselection. He contends the certificate should be removed from his OMPF simply because it is the right thing to do.
3. As documentary evidence in support of this application, he provides copies of:
* a Certificate of Completion
* a sworn affidavit
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100020463 on 10 February 2011.
2. The applicant's record shows he was appointed as a first lieutenant in the Alabama Army National Guard in the Judge Advocate General's Corps on 21 August 2003.
3. A review of the performance portion of his OMPF revealed an undated Certificate of Training which indicates he successfully completed the 40 hour Combat Lifesaver Course Class Number 04-504 conducted in Birmingham, Alabama. Additionally, his DA Form 2-1 (Personnel Qualification Record- Part II) includes an entry in item 17 (Civilian Education and Military Schools) showing he completed 1 week of training in 2004 in the course in question.
4. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides that all personnel information recorded under the authority of this regulation is the property of the U.S. Government. Once recorded, it will not be removed except as provided by law or this regulation and directed by one of eight authorities to include the ABCMR.
5. Army Regulation 600-8-104 provides the purpose of the OMPF is to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods. It is important that information entered in the OMPF should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his record should be corrected by removing a Certificate of Training for completion of the Combat Lifesaver Course from his OMPF was carefully considered and determined to have merit.
2. The applicant rendered a sworn statement attesting that he never attended the Combat Lifesaver Course.
3. The applicant speculates the Certificate of Training for the course may have been prepared prior to the completion date of the course based upon the signup roster. This is common practice among Army schools in order to facilitate the timely preparation of certificates prior to graduation ceremonies.
4. There is no logical reason for requesting removal of a Certificate of Training for a course he actually attended and he has nothing to gain by doing so. Therefore, his sworn affidavit is accepted as sufficient evidence that he did not attend the Combat Lifesaver Course and he is entitled to the requested relief.
BOARD VOTE:
___x_____ ___x_____ __x____ 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 amendment of the ABCMRs decision in Docket Number AR20100020463, dated 10 February 2011. As a result, the Board recommends that all Department of the Army and State records of the individual concerned be corrected by:
a. removing the Certificate of Training which indicates he successfully completed the 40 hour Combat Lifesaver Course Class Number 04-504 conducted in Birmingham, Alabama from his OMPF; and
b. removing the entry indicating he completed the 1 week hour Combat Lifesaver Course from item 17 of his DA Form 2-1.
_______ _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) AR20110023426
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ABCMR Record of Proceedings (cont) AR20110023426
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