IN THE CASE OF:	  

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120019803 


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 a memorandum of notification of non-selection for promotion, dated 20 May 2011, from his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).

2.  The applicant states:

* the U.S. Army Human Resources Command (HRC) failed to post his DA Form 1059 (Service School Academic Evaluation Report) in time for the November 2010 Captain Board
* this led to a Congressional inquiry that revealed an error by HRC and resulted in a special selection board (SSB)
* he was selected for promotion by the SSB
* the letter of non-selection no longer applies and will be detrimental to his career if it remains in his records

3.  The applicant provides:

* memorandum, dated 20 May 2011, subject:  Notification of Non-Selection for Promotion
* email from HRC
* SSB results memorandum
* promotion orders



CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the U.S. Army Reserve (USAR), the applicant was appointed as a second lieutenant in the USAR on 13 July 2006.  He was promoted to first lieutenant on 12 July 2008.

2.  On 20 May 2011, he received a memorandum of notification of non-selection for promotion to captain.  The letter states the records reviewed by the selection board did not indicate he had completed the required civilian and/or military education.

3.  In August 2012, he was recommended for promotion to captain by an SSB under the Fiscal Year 2011 (FY11) criteria.

4.  He was promoted to captain effective 27 January 2011.

5.  A review of his AMHRR in the interactive Personnel Electronic Records Management System (iPERMS) revealed a copy of the non-selection memorandum.

6.  Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files; to ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual official personnel files; and to ensure that the best interests of both the Army and the Soldiers are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files.

7.  Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes the policies governing the AMHRR and Army Personnel Qualification Records.  Table B-1 (Authorized Documents) states notifications to officers considered for promotion but not selected will be filed in the service folder of the AMHRR.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant received a memorandum of notification of non-selection for promotion to captain in May 2011 which was properly filed in his AMHRR.

2.  However, since he was subsequently recommended for promotion to captain by an SSB under the original FY11 criteria, it is apparent that he had been erroneously non-selected.  Therefore, as a matter of equity, it would be appropriate to remove the memorandum of notification of non-selection for promotion, dated 20 May 2011, from his AMHRR.

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 memorandum of notification of non-selection for promotion to captain, dated 20 May 2011, from his AMHRR.



      ___________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)                                         AR20120019803



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ABCMR Record of Proceedings (cont)                                         AR20120019803



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