IN THE CASE OF:
BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20150006388
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 removal of the DA Form 1059 (Service School Academic Evaluation Report) for the period 17 March 2010 through 1 April 2010 that shows he achieved course standards for the Warrior Leader Course (WLC) from his Official Military Personnel File (OMPF).
2. The applicant states:
a. He needs the DA Form 1059 in question removed from his OMPF because he is eligible for the upcoming sergeant first class promotion board.
b. He attended the WLC in 2010 and he made the Commandant's List. However, his instructor initially sent the wrong DA Form 1059 to his records and it didn't show he exceeded course standards.
c. After the situation was corrected, he now has two DA Forms 1059 in his records for the WLC. One form states he exceeded course standards and one form states he achieved course standards.
3. The applicant provides:
* email
* DA Form 1059 that shows he achieved course standards
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the Regular Army in the rank of staff sergeant.
2. The DA Form 1059 in question, dated 1 April 2010, shows he attended the WLC from 17 March 2010 through 1 April 2010. The form shows he achieved course standards.
3. A review of the performance folder in his OMPF in the interactive Personnel Electronic Records Management System (iPERMS) revealed:
a. the contested DA Form 1059 and
b. a second DA Form 1059, dated 1 April 2010, showing he attended the WLC from 17 March 2010 through 1 April 2010. This form shows he exceeded course standards.
4. Army Regulation 623-3 (Evaluation Reporting System) states an evaluation report accepted by Headquarters, Department of the Army, and included in the official record of a rated Soldier is presumed to be administratively correct; have been prepared by the properly designated rating officials; and represent the considered opinions and objective judgment of the rating officials at the time of preparation. Requests that an evaluation report in a Soldiers OMPF be altered, withdrawn, or replaced with another report will not be honored. The regulation also states that the burden of proof rests with the applicant. Accordingly, to justify deletion or amendment of a report, the applicant will produce evidence that clearly and convincingly establishes that:
a. the presumption of regularity referred to in paragraphs 3-39 and 6-7 will not be applied to the report under consideration, and
b. action is warranted to correct a material error, inaccuracy, or injustice.
5. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the OMPF. It states the purpose of the OMPF is to preserve permanent documents pertaining to enlistment, appointment, duty stations, assignments, training, qualifications, performance, awards, medals, disciplinary actions, insurance, emergency data, separation, retirement, casualty, administrative remarks, and any other personnel actions. The regulation states DA Forms 1059 will be filed in the performance folder of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. In order to justify deletion or amendment of a report the burden of proof rests with the applicant to produce evidence that establishes clearly and convincingly that action is warranted to correct a material error, inaccuracy, or injustice.
2. The performance folder of the applicant's OMPF in iPERMS contains two DA Forms 1059 for the WLC for the period 17 March 2010 through 1 April 2010. One form shows he achieved course standards and one form shows he exceeded course standards.
3. It appears that an error occurred when the DA Form 1059 for the same course that shows he achieved course standards was placed in his OMPF. Since the DA Form 1059 that shows he exceeded course standards is a more favorable report, and any reasonable doubt should be resolved in the applicant's favor, it would be appropriate to remove the DA Form 1059 that shows he achieved course standards from his OMPF.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 removing the DA Form 1059 for the period 17 March 2010 through 1 April 2010 that shows he achieved course standards for the WLC from 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.
ABCMR Record of Proceedings (cont) AR20150006388
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150006388
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090011621
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's military records also contain, and he submitted a copy of a DA Form 1059, dated 28 May 2009, showing he achieved course standards for and successfully completed the TATS WLC, Class 10-09. ___________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.
ARMY | BCMR | CY2014 | 20140007421
Application for correction of military records (with supporting documents provided, if any). The applicant provides an AER dated 9 November 2006. 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.
ARMY | BCMR | CY2013 | 20130019577
The applicant requests, in effect: a. removal of a DA Form 1059 (Service School Academic Evaluation Report), dated 2 July 2012, from his Official Military Personnel File (OMPF); and b. that his case be reviewed by a Special Selection Board (SSB) for promotion to captain (CPT). e. he is requesting that a new Academic Evaluation Report be placed in iPERMS to show he successfully completed BOLC. It states a DA Form 1059 will be filed in the performance section of the OMPF 13.
ARMY | BCMR | CY2012 | 20120002368
He provides: * his Enlisted Record Brief * a DA Form 1059 showing he "achieved course standards" * a DA Form 1059 showing he "exceeded course standards" * a self-authored memorandum to the Board * an Army Medical Department (AMEDD) NCO Academy memorandum, subject: Commandant's List * a recognition ceremony announcement containing a Commandant's List for BNCOC Class 001-06 CONSIDERATION OF EVIDENCE: 1. In connection with the processing of this case, an advisory opinion was obtained from the...
ARMY | BCMR | CY2015 | 20150004894
The applicant requests, in effect, the DA Form 1059 (Service School Academic Evaluation Report) currently filed in his Official Military Personnel File (OMPF), be replaced with one that shows he "Exceeded Course Standards." He contends that the DA Form 1059 he was given should show he "Exceeded Course Standards." The applicant provided a memorandum from the commandant congratulating him for achieving "academic excellence" by being placed on the Commandant's List; however, this does not...
ARMY | BCMR | CY2013 | 20130007926
The applicant requests removal of the DA Form 1059 (Service School Academic Evaluation Report) for the period 3 through 17 August 2003 from his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File) and replace it with the DA Form 1059 "Corrected Copy." The applicant's request to have his DA Form 1059 replaced with the "Corrected Copy" was considered. The evidence of record shows he was issued a DA Form 1059 in 2003 where he was rated as...
ARMY | BCMR | CY2011 | 20110024415
The applicant requests removal of a DA Form 1059 (Service School Academic Evaluation Report) for the period 11 October 2006 through 14 December 2006 from her Official Military Personnel File (OMPF). c. she has completed the requirement of the Captain's Career Course and this DA Form 1059 has affected her promotion to major. The applicant provides: * The DA Form 1059 in question * Five OERs * A DA Form 1059 for the period 29 November 2010 through 10 December 2010 CONSIDERATION OF EVIDENCE: 1.
ARMY | BCMR | CY2015 | 20150004398
The applicant requests the DA Form 1059 (Service School Academic Evaluation Report) for the period ending 31 May 2012, currently filed in her Official Military Personnel File (OMPF) be removed. In accordance with the applicable regulation, the performance folder should show a continuous record of a Soldier's performance throughout his/her Army service. Therefore, her DA Form 1059 is correctly filed and should not be removed or transferred to the restricted folder of her OMPF.
ARMY | BCMR | CY2013 | 20130013608
The applicant requests item 11 (Performance Summary) of a DA Form 1059 (Service School Academic Evaluation Report) for the period 9 July 2008 through 18 December 2008 be corrected to show he achieved course standards; or, the DA Form 1059 in its entirety be removed from his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File). He provides a DA Form 3349 which shows he was issued a temporary profile for left meniscus tear on 24 December 2008. ...
ARMY | BCMR | CY2014 | 20140007257
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." 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...