IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20140007993
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 a DA Form 1059-1 (Civilian Institution Academic Evaluation Report (AER)) for the period 27 September 2007 through
26 September 2008 be removed from his Official Military Personnel File (OMPF) and replaced with a DA Form 1059-1 for the period 26 June 2006 through
19 June 2009.
2. The applicant states:
a. this application is for resolution of an issue that is administrative in nature. Due to a stated policy change requiring annual AERs in 2008, he was required to have an annual AER in the middle of his 3-year assignment as a student at the Naval Postgraduate School during the period 2006 to 2009.
b. when he expressed concern about the gap he would have in his file from June 2006 to September 2007, he was informed that he would receive an AER at the completion of school that would cover the entire 3-year period.
c. an AER was submitted covering the 3-year period, but the report will not post to his records due to overlapping dates with the previously submitted AER.
d. he has no issue with the content of either AER, but the 3-year AER is the more complete of the submitted AERs.
e. as a result of these administrative actions, he now has two time gaps in his record.
3. The applicant provides:
* DA Forms 1059-1 for the periods 27 September 2007 through
26 September 2008 and 26 June 2006 through 19 June 2009
* Appeal request
* Appeal response
CONSIDERATION OF EVIDENCE:
1. The applicant is a lieutenant colonel on active duty in the Regular Army.
2. The DA Form 1059-1 for the period 27 September 2007 through
26 September 2008 shows the applicant was attending the Naval Postgraduate School in Monterey, CA. The form states this is an interim AER covering the second year of a 3-year PhD (Doctor of Philosophy) program that began on
26 June 2006.
3. The DA Form 1059-1 for the period 26 June 2006 through 19 June 2009 shows he completed the Naval Postgraduate School in Monterey, CA.
4. In March 2013, he submitted an AER appeal (to replace the interim AER with his final AER). In April 2013, the U.S. Army Human Resources Command in Fort Knox, KY returned his request without action because he did not file his AER appeal within 3 years of the "thru" date of the AER in question.
5. A review of the applicant's performance section of his OMPF on the interactive Personnel Electronic Records Management System revealed a copy of the DA Form 1059-1 for the period 27 September 2007 through 26 September 2008. His DA Form 1059-1 for the period 26 June 2006 through 19 June 2009 is not contained in his OMPF.
6. Paragraph 3-15 of Army Regulation 623-3 (Evaluation Reporting System) states the DA Form 1059-1 is rendered for Soldiers who attend a civilian education, medical, or industrial institution. Soldiers participating in a doctoral degree program will receive an AER-C (civilian) every 12 months after the beginning of the training program.
DISCUSSION AND CONCLUSIONS:
The applicant's contentions were carefully considered. However, in accordance with the governing regulation, he was supposed to get an interim AER to document his progress at the time. Since there is no error with the interim AER (DA Form 1059-1 for the period 27 September 2007 through 26 September 2008) being in his OMPF, there is no basis for granting the requested relief. However, his final AER (DA Form 1059-1 for the period 26 June 2006 through
19 June 2009) should also be placed in the performance section of his OMPF.
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 adding the DA Form 1059-1 for the period 26 June 2006 through 19 June 2009 to the performance section of his OMPF.
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 removing the DA Form
1059-1 for the period 27 September 2007 through 26 September 2008 from 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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