IN THE CASE OF:
BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20140001444
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 the removal of a DA Form 1059 (Academic Evaluation Report (AER)), dated 14 October 2008, from his official records.
2. The applicant states, in effect, that he received a referred AER due to being removed from the Engineer Officer Basic Course (ENOBC) as a result of medical reasons. He subsequently returned and completed the course. However, the referred report is still in his official records and it may negatively impact his potential for future career advancement. He goes on to state that the AER is not a reflection of his character or competency and his evaluation reports show that he performs at or above standards.
3. The applicant provides copies of his AERs.
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 was commissioned as a Regular Army, Engineer Corps second lieutenant upon graduation from the U.S. Military Academy at West Point on
31 May 2008.
3. On 14 October 2008, he was issued a Service School AER showing that he failed to achieve ENOBC standards due to being on a temporary profile that required physical therapy and caused him to miss too many training events to continue the course. The AER is properly filed in the performance section of his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).
4. On 16 October 2009, he was issued a Service School AER showing that he achieved ENOBC standards. The AER is properly filed in the performance section of his AMHRR.
5. The applicant was promoted to the rank of first lieutenant on 30 November 2009 and to captain on 1 July 2011. He completed the Engineer Captain Career Course on 7 June 2013.
6. Army Regulation 623-3 (Academic Evaluation Reporting System) provides the policies and procedures for the AER. It provides, in pertinent part, that a DA Form 1059 will be forwarded for filing in the performance fiche of the individuals AMHRR within 60 days after completion of the report.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the AER dated 14 October 2008 should be expunged from his AMHRR has been noted and appears to lack merit.
2. The AER in question is properly filed in the applicant's AMHRR in accordance with the applicable regulation to reflect he attended the course and that he was released from the course for medical reasons. Additionally, the applicant's AER showing that he completed the ENOBC is filed immediately after the contested AER.
3. The Army has an interest in maintaining records of Soldiers who attend formal courses of instruction and the applicant has failed to provide sufficient evidence to show the AER was issued erroneously or that it is unjust for it to remain in his AMHRR.
4. Therefore, in the absence of evidence to show that an error or injustice exists in his case, there appears to be no basis to grant his request.
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) AR20140001444
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ABCMR Record of Proceedings (cont) AR20140001444
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