IN THE CASE OF:	  

		BOARD DATE:  27 June 2013

		DOCKET NUMBER:  AR20130007793 


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 correction of his DA Form 1059 (Service School Academic Evaluation Report) for the period 2 to 23 February 2007.

2.  The applicant states he was issued a DA Form 1059 for the military occupational specialty (MOS) 13M (Multiple Launch Rocket System (MLRS)) Advanced Leader Course with a marginal rating for the Army Physical Fitness Test (APFT) failure.  In accordance with (IAW) All Army Activities (ALARACT) Message 075/007 this DA Form 1059 should have been corrected.  He has attempted to contact the issuing proponent and was told there is nothing they could do to correct this issue.

3.  The applicant provides copies of his DA Form 1059 and ALARACT Message 075-2007.

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 enlisted in the U.S. Army Reserve (USAR) on 17 January 1990. He was honorably discharged from the USAR on 8 November 1999.  

3.  He enlisted in the Regular Army, in pay grade E-4, on 9 November 1999.  He completed training and was awarded MOS 13M.

4.  His records contain and he provides a copy of a DA Form 1059 he was issued for the MLRS Section Chief Basic Noncommissioned Officer Course, 005-07, from 2 through 23 February 2007.  This form shows the comment "Soldier met academic requirements, but failed to meet APFT standards IAW Army Regulation 350-1 [Army Training and Leader Development] during the course" in Item 11C.  

5.  ALARACT Message 075-2007, effective 1 April 2007, amended the Army's policy concerning the APFT and Height/Weight Standards applicable to institutional training.  The message stated:

   a.  "Soldiers attending institutional training courses are still expected to meet the physical fitness standards and height/weight standards."  The message also stated "Soldiers who fail to meet the Army Standards for both the APFT and Body Fat Composition will be considered an academic course graduate, but Item 11C of their DA Form 1059 will be marked "Marginally Achieved Course Standards" and Item 14 will be marked "Failed to Meet APFT Standards or Failed to Meet Body Fat Composition Standards."  
   
   b.  "Soldiers enrolled in institutional training courses from 2 October 2006 to 31 March 2007 who failed the APFT retest will have their DA Form 1059 marked as having achieved course standards in accordance with the Army Weight Control Program which granted a six month period of no adverse personnel actions on Soldiers enrolled in schools.
   
   c.  There are no provisions in the message for deleting those statements from the DA Form 1059 of Soldiers who failed the AFPT or failed to meet body fat composition.

6.  On 28 March 2012, he reenlisted for an indefinite period and is currently serving on active duty.

7.  Army Regulation 350-1 prescribes the policies for developing, managing, and conducting Army training and leader development.  Paragraph 3-12c states 
Soldiers who fail to meet the APFT standards will be considered an academic course graduate, but Item 11C of their DA Form 1059 will be marked "Marginally Achievement Course Standard" and Item 14 will be marked "Failed to Meet APFT Standards."  School commandants and commanders will complete a DA Form 1059 for all students in accordance with Army Regulation 623-3 (Evaluating Reporting System). 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant attended the MLRS Section Chief BNCOC from 2 to 23 February 2007.  He was issued a DA Form 1059 which showed he met academic requirements, but failed to meet APFT standards.  

2.  The applicant contends ALARACT Message 075-2007 provided for the correction of the comment regarding his APFT failure from his DA Form 1059.  There is no evidence of record and he did not provide sufficient evidence to show he met the APFT standards at the time.  There are no provisions in the ALARACT Message for the removal of this comment from his DA Form 1059.  In this case, this entry was properly annotated on his DA Form 1059 IAW Army regulations and policies. Therefore, he is not entitled to correction to his DA Form 1059.

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)                                         AR20130007793





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ABCMR Record of Proceedings (cont)                                         AR20130007793



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