IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20140007421
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 his DA Form 1059 (Service School Academic Evaluation Report (AER)) for the period 11 October 2006 through 9 November 2006 be added to his Official Military Personnel File (OMPF).
2. The applicant states, in effect, he attended the Warrior Leader Course (WLC) on two separate occasions. The first time he attended WLC (from 3 May 2006 through 18 May 2006) he failed to meet course standards and was issued an AER, dated 9 May 2006. The second time he attended WLC (11 October 2006 through 9 November 2006) he met the course standards and was issued an AER, dated 9 November 2006. However, the AER dated 9 November 2006 was never filed in his OMPF.
3. The applicant provides an AER dated 9 November 2006.
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 5 November 2003 and has served through a series of reenlistments or extensions. He is currently serving in the rank of staff sergeant (SSG).
3. Orders Number 108-091, issued by A Detachment, 22nd Personnel Service Battalion, Fort Lewis, WA, on 18 April 2006 promoted him to SGT with an effective date and date of rank (DOR) of 1 May 2006.
4. His record contains an AER dated 9 May 2006 showing he attended WLC from 3-18 May 2006 and failed to achieve course standards.
5. He provided an AER dated 9 November 2006 showing he attended WLC from 11 October 2006 to 9 November 2006 and achieve coursed standards.
6. Orders Number 206-009, issued by Headquarters, 2nd Brigade Combat Team, 25th Infantry Division, Schofield Barracks, HI, on 24 July 2012 promoted him to SSG with an effective date and DOR of 1 August 2012.
7. Army Regulation 600-8-104 (Army Military Human Recourse Records Management) states only documents pertaining to a Soldiers military career per appendices B and C will be filed in the OMPF.
a. Table 3-1 (OMPF folders in the Army Military Human Resource Record) states that evaluations are properly filed in the performance folder.
b. Appendix B (Documents Required for Filing in the Army Military Human Resource Record and/or Interactive Personnel Electronic Records Management System) states the DA Form 1059 is filed in the performance folder.
DISCUSSION AND CONCLUSIONS:
The applicant provided an AER dated 9 November 2006 showing he attended WLC from 11 October 2006 through 9 November 2006 and achieved course standards. However, this AER was not filed in his OMPF. Therefore, he is entitled to correction of his record to add this AER to the performance folder of his OMPF.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be adding his DA Form 1059, dated 9 November 2006, to the performance folder of his OMPF.
____________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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