IN THE CASE OF:
BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130012354
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, correction of his Army Military Human Resource Record (AMHRR) to add his:
* academic record/transcript from the U.S. Army War College (USAWC), dated 25 July 2003
* DA Form 1059-2 (Senior Service College Academic Report), from the USAWC, dated 25 July 2003
2. The applicant states he completed and graduated from the USAWC on
25 July 2003 and received a Master of Strategic Studies Degree. The completion documentation was included in his record after he completed USAWC in 2003. He is not sure when this documentation was removed. He feels his military education records should be complete.
3. The applicant provides his transcript and DA Form 1059-2, dated 25 July 2003
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 was appointed as a Reserve commissioned officer on 11 June 1977.
3. His AMHRR contains a DA Form 1059-2, dated 25 July 2003 showing he attended the USAWC from 1 July 2001 to 25 July 2005. This form shows he successfully completed USAWC and was awarded a Master of Strategic Studies Degree.
4. He provided his transcripts from the USAWC, dated 25 July 2003, which show he attended the USAWC and was awarded a Master of Strategic Studies Degree. This document is not listed on his AMHRR.
5. Orders Number C01-390900, issued by U.S. Army Human Resources Command, Fort Knox, KY, on 31 January 2013 placed him of the retired list on 10 April 2013.
6. Army Regulation 600-8-104 (AMHRR Management), Appendix C (Out-dated Documents or Documents no Longer Authorized for Filing in the AMHRR (Deprecated)) was published on 2 August 2012 and contains all the forms and documents that are either out-dated or no longer authorized for filing in the AMHRR (deprecated). The following documents were listed in this appendix:
* Certificate of the highest military education completed
* DA Form 1059-2
DISCUSSION AND CONCLUSIONS:
1. The applicant's record contains his DD Form 1059-2 which indicates he graduated from the USAWC with a Master of Strategic Studies Degree. However, his AMHRR does not contain his transcript.
2. Army Regulation 600-8-104 was published on 2 August 2012. Appendix C of this regulation states his transcripts from the USAWC and DD Forms 1059-2 should be removed from the AMHRR because they are either out-dated or no longer authorized for filing in the AMHRR.
3. His AMHRR still contains his DA Form 1059-2 and the ABCMR will take no action to remove it; however, there is no reason to add his transcript because it is no longer authorized to be filed in the AMHRR.
4. Based on the foregoing, there is an insufficient regulatory basis with which 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) AR20130012354
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