IN THE CASE OF:	  

		BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20140012649 


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 his DA Form 1059 (Service School Academic Evaluation Report) for the period 12 January 2009 through 16 September 2009 to show his rated demonstrated abilities as "superior" in the following items:

* item 12a – written communication
* item 12b – oral communication
* item 12c – leadership skills

2.  The applicant states:

* an administrative error occurred
* the rater specifically stated he demonstrated superior written, superior oral communication, and superior leadership skills as a Distinguished Honor Graduate
* the rater improperly checked the "sat" (satisfactory) rating for items 12a and 12b and checked the "not evaluated" rating for item 12c
* the ratings do not correlate to the comments in item 14 (Comments)
* his career is dependent upon his record being corrected

3.  The applicant provides:

* self-authored statements
* DA Form 1059
* Distinguished Honor Graduate Certificate
* statement from the Program Director, Occupational Therapy, dated 17 June 2014
* memorandum from the U.S. Army Human Resources Command (HRC), Fort Knox, KY, Appeals and Corrections Section, dated 2 July 2014

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 10 March 2005 and is presently serving in the rank/grade of staff sergeant/E-6.

3.  The DA Form 1059 in question shows he completed the Occupational Therapy Specialty Course which was held during the period 12 January 2009 through 16 September 2009.  The form shows the following ratings in:

* item 11 (Performance Summary) – exceeded course standards
* item 12a – satisfactory
* item 12b – satisfactory
* item 12c – not evaluated
* item 12d (Contributed to Group Work) – satisfactory
* item 12e (Evaluation of Student's Research Ability) – satisfactory

4.  Item 14 of his DA Form 1059 shows the comments, "…He exceeded the course standards as Distinguished Honor Graduate….He also demonstrated superior written, oral, and leadership skills in and out of the classroom environment.....exemplified the true spirit of professionalism and demonstrated an exceptional willingness to learn and share his personal experiences with his peers.  He further distinguished himself by displaying outstanding research abilities that resulted in a 95.69 percent grade point average on all research presentations."

5.  On 28 May 2014, the applicant submitted an appeal of his DA Form 1059 to the Appeals and Corrections Section, HRC.  On 2 July 2014, his appeal was returned without action due to exceeding the three-year statute of limitations for appeals.

6.  The applicant provided a memorandum from the Program Director, Occupational Therapy, who states she concurs with the applicant's request and: 

* the rater of the DA Form 1059 in question utilized a form that was pre-marked and it is likely that he failed to adjust the items to accurately reflect the applicant's superior abilities
* in her experience, Distinguished Honor Graduates do not exceed course standards by merely getting "satisfactory" ratings in item 12

7.  Army Regulation 623-3 prescribes the policies for completing evaluation reports that support the Evaluation Reporting System.  The instructions for the DA Form 1059, item 14, show that it is intended that a word picture will portray the student's academic performance, intellectual qualities, and communication skills and abilities.  The narrative should also discuss the student's potential, leadership capabilities, moral and overall professional qualities.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant exceeded course standards and he demonstrated superior written, oral, and leadership skills in and out of the classroom while attending the Occupational Therapy Course.

2.  It appears his DA Form 1059 in question was completed with a pre-marked form and his rater failed to adjust the markings to accurately reflect his demonstrated skills.  Further, it is unlikely satisfactory ratings would have resulted in a performance summary of exceeded course standards.

3.  As a related matter, the applicant is also entitled to correction of items 12d and 12e of his DA Form 1059 in question to accurately reflect his demonstrated skills.

4.  In view of the above, he is entitled to correction of his DA Form 1059 in question to accurately reflect his demonstrated abilities.



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 corrected by amending his DA Form 1059 for the period 12 January 2009 through 16 September 2009 to show "superior" ratings in items 12a through 12e. 



      ____________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)                                         AR20140012649



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ABCMR Record of Proceedings (cont)                                         AR20140012649



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