IN THE CASE OF:	  

		BOARD DATE:	  22 May 2014

		DOCKET NUMBER:  AR20140007257 


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 her DA Form 1059 (Service School Academic Evaluation Report (AER)) for the Warrior Leader Course (WLC) (hereafter referred to as the contested AER) to show in item 11d (Performance Summary) "Marginally Achieved Course Standards."

2.  She states the contested AER, which is currently filed in her Army Military Human Resource Record (AMHRR) in the interactive Personnel Electronic Records Management System (iPERMS), shows she failed to meet course standards.  In accordance with Army Regulation 350-1 (Army Training and Leader Development), paragraph 3-12g, Soldiers enrolled in institutional training courses from 10 August to 30 September 2006 who failed an Army Physical Fitness Test (APFT) retest or body fat standards were to have their AER marked "Marginally Achieved Course Standards."  Once she discovered the error, she tried contacting the school that issued the incorrect AER, but the Commandant was unwilling to assist her.

3.  She provides the contested AER and an excerpt from Army Regulation 350-1.

CONSIDERATION OF EVIDENCE:

1.  On 23 February 2001, the applicant enlisted in the U.S. Army Reserve (USAR).  She is currently serving as a sergeant/E-5 in the USAR Control Group (Active Guard Reserve).  

2.  Her record in iPERMS contains the contested AER.  The AER shows she was disenrolled from WLC (600-WLC (Modified)), Class 13-06, for failure of her initial and retest APFT.  In item 11d "Failed to Achieve Course Standards" is selected.  The form shows the duration of the course was from 5 to 19 August 2006.  On
14 August 2006, the applicant, her small group leader, and the Commandant signed the form.

3.  Her record in iPERMS contains three memoranda, which are related to the contested AER and they are all dated 14 August 2006.  

	a.  A memorandum, subject:  Referral of AER…, shows the school Commandant informed her the contested AER contained adverse information that could have a negative impact on her military career and informed her of her right to submit comments or a statement on her behalf.  She acknowledged receiving the AER and elected not to submit a statement on her behalf.  

	b.  A memorandum, subject:  Notice of Disenrollment from WLC…Class 
13-06, shows she acknowledged receipt of notification of her disenrollment for APFT failure and elected not to appeal.  

	c.  A memorandum, subject:  Notice of Release, notified her commander that she had been released from WLC Class 13-06 for APFT failure.

4.  Her AMHRR is void of documentation indicating she attended and completed WLC subsequent to her disenrollment in 2006.

5.  In a memorandum, subject:  Physical Fitness and Height and Weight Requirements for Military Institutional Training, dated 10 August 2006, the Deputy Chief of Staff, G-3/5/7, announced amendments to Army Regulation 
350-1 pertaining, in part, to the disposition of Soldiers who met academic course requirements but failed APFT standards.  These Soldiers were to be considered academic course graduates and were to receive a DA Form 1059 marked "Marginally Achieved Course Standards."  Soldiers attending institutional training were still required to meet physical fitness standards, but failing those standards was not to result in removal from the course.

6.  Army Regulation 350-1 prescribes policies, procedures, and responsibilities for developing, managing, and conducting Army training and leader development.  Paragraph 3-12g states that Soldiers who were enrolled in institutional training courses from 10 August 2006 to 30 September 2006 and who failed the APFT retest or body fat standards will have their DA Form 1059 marked "Marginally Achieved Course Standards."  

7.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) states only documents pertaining to a Soldier’s military career will be filed in the AMHRR.  Once properly filed in the AMHRR, the document will not be removed from the record unless directed by a specified authority, including this Board.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant's disenrollment from WLC Class 13-06 contradicted policy that had been published shortly before she began the course.  Her APFT failure was neither a basis for disenrollment from the course nor a basis for grading her performance as "Failed to Achieve Course Standards."  

2.  Correcting the contested AER to show "Marginally Achieved Course Standards" would be misleading in that doing so would indicate she completed the course.  She did not achieve course standards, marginally or otherwise, because she was deprived of the opportunity to complete the course.  

3.  The only equitable relief possible in this case is to remove the contested AER and the three related memoranda from her AMHRR.  These documents contradict the policy in effect at the time, and there is no effective way to correct these documents to show a different disposition. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the contested AER and three related memoranda from her AMHRR.


2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting the contested AER to show "Marginally Achieved Course Standards."  



      _______ _   _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)                                         AR20140007257



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140007257



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1