IN THE CASE OF:
BOARD DATE: 29 January 2013
DOCKET NUMBER: AR20120012632
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 his diploma from Embry-Riddle Aeronautical University be removed his Army Military Human Resource Record (AMHRR).
2. The applicant states when he received a copy of his official transcripts he noted a discrepancy. He is in the process of working with university officials to get clarification and guidance on one three hours course with an unfavorable grade. Until the matter has been resolved with the university officials, his diploma is not valid in his eyes and; therefore, needs to be removed from his AMHRR.
3. The applicant provides his masters of business administration in aviation diploma and transcripts from Embry-Riddle Aeronautical University.
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. After having had previous enlisted service, the applicant was appointed as a Reserve Commissioned officer on 7 May 1990. He is currently serving in the U.S. Army Reserve in the rank/grade of lieutenant colonel/O-5.
3. The performance and service sections of his AMHRR contain a master of business administration in aviation diploma issued by Embry-Riddle Aeronautical University.
4. He provided a copy of his transcripts from Embry-Riddle Aeronautical University, wherein it shows, for course ABA-690 (Graduate Research Project), he received a failing grade and; therefore, earned no credits for the course. However, these transcripts contain no indication that he failed to meet the criteria or prescribed course work necessary to earn his degree.
6. Army Regulation 600-8-104 (AMHRR Management) prescribes the policies and mandated operating tasks for the AMHRR. The AMHRR is a permanent record remaining under Army control for 62 years from a Soldiers final separation date to include retirement, separation, and death. Once placed in the AMHRR, a 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. Table B-1 of Appendix B states diplomas from civilian institutions are filed in the performance and service sections of the AMHRR.
DISCUSSION AND CONCLUSIONS:
1. The applicants request that his diploma from Embry-Riddle Aeronautical University be removed because it is not valid in his eyes has been noted.
2. Once a document is properly filed and placed in a Soldier's AMHRR it becomes a permanent part of their military record. Additionally, there is no evidence to suggest the diploma was improperly filed.
3. His unhappiness with a grade listed on his official transcripts and his personal view that this unhappiness invalidates his diploma is not considered a sufficient evidentiary basis for removing the diploma, which was properly filed in his AMHRR.
4. Based on the forgoing, there is insufficient evidence to grant the requested relief.
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) AR20120012632
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