IN THE CASE OF:
BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130016365
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 from his Army Military Human Resource Record (AMHRR) a DA Form 1059 (Service School Academic Evaluation Report), dated 13 January 2000. He requests, in the alternative, that the DA Form 1059 be transferred to the restricted portion of his AMHRR.
2. The applicant states:
* He was able to return to the same Primary Leadership Development Course (PLDC) and pass
* He is aware he failed PLDC prior, but he believes that once he returned to the course and passed the DA Form 1059 should have been removed
* He does not believe the failed course should be held against him for progression
3. The applicant provides copies of a DA Form 1059, dated 13 January 2000, and a DA Form 1059, dated 8 February 2001.
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 Regular Army on 23 January 1997 in pay grade E-1. He completed medical specialist training. He was promoted through the ranks to specialist (E-4) on 23 March 1999. He successfully completed Operation Room Specialist Course 6-99 on 27 October 1999.
3. On 13 January 2000, the applicant was released from PLDC Class 3-00 for failure to achieve course standards by failing a second attempt on the written exam. The DA Form 1059 he received states he may return to PLDC as soon as his chain of command feels he could achieve course standards. This DA Form 1059 is filed in the performance portion of his AMHRR.
4. On 8 February 2001, the applicant achieved course standards in PLDC Class 3-01. The DA Form 1059 he received shows he completed all requirements in accordance with the program of instruction and graduated with an academic average of 87 percent. This DA Form 1059 is filed in the performance portion of his AMHRR.
5. On 8 February 2001, the applicant was promoted to sergeant (E-5). He was promoted to staff sergeant (E-6) on 1 December 2004.
6. The applicant's records show he is currently on active duty in the RA serving in pay grade E-6.
7. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides policies, operating tasks, and steps governing the AMHRR. Depending on the purpose, documents will be filed in the AMHRR in one of three sections: performance, service, or restricted. This Army regulation also instructs that once placed in the AMHRR, the document becomes a permanent part of that file and will not be removed or moved to another part of the AMHRR, unless directed by appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. His supporting evidence has been considered.
2. The applicants AMHRR properly contains both copies of the DA Form 1059 he received as a result of attending PLDC.
3. According to the applicable regulation, once placed in the AMHRR, the document becomes a permanent part of that file and will not be removed or moved to another part of the AMHRR, unless directed by appropriate authority.
4. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
5. The applicant has not provided any evidence showing that the filing of the DA Form 1059 dated 13 January 2000 in the performance portion of his AMHRR has or will in any way hinder his progression in the military. In any case, both DA Forms 1059 are a historical record of his service.
6. In view of the foregoing, the applicants request should be denied.
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.
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