IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20150000932
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 that her DA Form 1059 (Service School Academic Evaluation Report) dated 3 March 2000 be transferred to the restricted section of her Official Military Personnel File (OMPF).
2. The applicant states that the document is 13 years old and does not reflect her transition and professional growth through the noncommissioned officer ranks. She goes on to state that her performance and demonstrated leadership potential has truly exceeded the poor decision making and negative actions reflected in the DA Form 1059. She also states that since the DA Form 1059 was issued, her actions have truly exemplified BE, KNOW, and DO and in every opportunity since she has excelled in doing the right thing. Accordingly, the DA Form 1059 should be transferred to the restricted section of her OMPF so that it does not negatively reflect her contributions as a competent leader if given the opportunity in the future.
3. The applicant provides a copy of the DA Form 1059.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 3 September 1996 for a period of 3 years and training as a unit supply specialist. She completed her basic training at Fort Jackson, South Carolina and her advanced individual training at Fort Lee, Virginia. She has remained on active duty through a series of continuous reenlistments.
3. On 3 March 2000, she was released from the Primary Leadership Development Course (PLDC) at Fort Benning, Georgia for disciplinary reasons due to displaying traits unbecoming of a noncommissioned officer (NCO) and violating school policy of alcohol abstinence. She was issued a DA Form 1059 for failure to achieve course standards and it is filed in the performance section of her OMPF.
4. On 2 February 2001, she was issued a DA Form 1059 for achieving PLDC course standards at Fort Benning, Georgia and that document is also filed in the performance section of her OMPF.
5. The applicant was promoted through the ranks to the pay grade of E-7 on 1 September 2009.
6. Army Regulation 600-8-104 (Army Military Human Resource Records Management (AMHRR)) prescribes policies governing the AMHRR Management Program. Appendix B (Documents Authorized for Filing in the OMPF and/or the interactive Personnel Electronic Records Management System (iPERMS), Table B-1 (Authorized documents) is a compilation of all forms and documents that have been approved by the Department of the Army for filing in the OMPF and/or iPERMS. It states that all DA Form 1059s will be filed in the performance section of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicantÂ’s DA Form 1059 dated 3 March 2000 is properly filed in the performance section of her OMPF.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now have the DA Form 1059 transferred to the restricted section of her OMPF, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Therefore, since there is no error or injustice in her case, there is no basis to grant her request to transfer a properly filed document in her OMPF to the restricted section of her OMPF.
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) AR20150000932
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ABCMR Record of Proceedings (cont) AR20150000932
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