BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120016013
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:
* removal of the DA Form 1059 (Service School Academic Evaluation Report) covering the period 5 July to 3 August 2005 wherein it does not show he was placed on the Commandant's List from his Army Military Human Resource Record (AMHRR)
* replacing it with the DA Form 1059 which shows his placement on the Commandant's List
2. He states the record is in error because he graduated on the Commandant's List.
a. He has all supporting documents and the corrected DA Form 1059, but for some reason the DA Form 1059 the Academy submitted to the U.S. Army Human Resources Command (HRC) was the one with the incorrect data.
b. This DA Form 1059 also has the wrong social security number (SSN) and does not show his placement on the Commandant's List. HRC corrected the SSN, but said it could not correct the rest and he had to apply to the Army Board for Correction of Military Records (ABCMR). He would just like credit for what he earned.
3. He provides:
* letter of commendation
* corrected DA Form 1059
* Primary Leadership Development Course (PDLC) diploma
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Regular Army in pay grade E-4 on 27 October 2004. He is currently serving on active duty in the rank/pay grade of staff sergeant/E-6.
2. His military records located in the integrated Personnel Electronic Records Management System (iPERMS) contain a copy of a DA Form 1059, dated 3 August 2005, for PLDC Class 08-05. This form does not show the entry "Commandant's List" in item 16 (Comments). His SSN is handwritten in item 2 (SSN).
3. He provides a copy of a letter of commendation, dated 3 August 2005, which states:
a. He was commended for achieving "Academic Excellence" while attending the Eighth U.S. Army Noncommissioned Officers Academy PLDC Class 08-05 from 5 July 2005 through 3 August 2005.
b. As a result of his academic achievement, desire to excel, and his demonstrated ability in a garrison and field environment, he earned the right to be placed on the Commandant's List. He had set an example of emulation. His chain of command and peers could be proud of him.
4. He also provides a copy of a DA Form 1059, dated 3 August 1059, for PDLC Class 08-05. This form shows the entry "Commandant's List" in item 16. His correct SSN is entered in item 2.
5. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides policy and procedures for maintenance of a Soldier's personal information. Paragraph 2-4a states that once placed in the AMHRR, a document becomes a permanent part of that file. The document will not be removed from an AMHRR or moved to another part of the AMHRR unless directed by, among other agencies, the ABCMR or the AMHRR custodian when documents have been improperly filed.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was commended for achieving "Academic Excellence" while attending the Eighth U.S. Army Noncommissioned Officers Academy PLDC Class 08-05 from 5 July 2005 through 3 August 2005 and was placed on the Commandant's List.
2. It appears that a DA Form 1059 was initially issued without his SSN entered and without annotating his placement on the Commandant's List in item 16. This form is filed in his records located in iPERMS. He provides evidence where it appears that a corrected DA Form 1059 was issued which contains his SSN and shows his placement on the Commandant's List in item 16.
3. In view of the circumstances in this case, he is entitled to have the corrected DA Form 1059 showing the entry "Commandant's List" in item 16 added to his records located in iPERMS and removal of the DA Form 1059 which does not contain this entry from his records.
BOARD VOTE:
__x______ ___x_____ __x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 August 2005, from the applicant's AMHRR which does not contain the entry "Commandant's List" in item 16
* replacing it with the DA Form 1059, dated 3 August 2005, which contains the entry "Commandant's List" in item 16
____________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) AR20120016013
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