APPLICANT REQUESTS: That his nonselection for promotion to lieutenant colonel (LTC), USAR, be reconsidered. He states that he completed the Air Defense Officer Career Course on 30 June 1963 and the completion certificate was not in his record when it was reviewed by the 1963 USAR LTC selection board. He contends that had this evidence been in his record the board would have considered him educationally qualified and selected him for promotion. Instead, this was his second (sic) nonselection for promotion to LTC and resulted in his having to transfer to the retired reserve.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
He served in World War II from 16 September 1943 to 5 May 1946 as a first lieutenant and in the Korean war from 15 May 1951 to 28 January 1953 as a captain. Between these periods of active duty and upon his release therefrom, he served in the reserve components.
On 26 March 1956 he was promoted to major and on 13 February 1963 he was advised of his first nonselection for promotion to LTC. The specific reasons for his nonselection are not known.
Consistent with regulatory guidance concerning USAR promotion boards, he was advised that since he had failed to be selected for promotion, he would again be considered by the next regularly scheduled selection board.
On 20 November 1964 he was advised that he had been nonselected for promotion for the second time, and in accordance with pertinent regulations, was required to be removed from an active USAR status. He opted to transfer to the retired reserve.
The reasons for his nonselection by the second promotion board, are like all promotion boards results, not divulged.
The evidence of record shows that the applicant completed the Air Defense Officer Career Course on 30 June 1963. The second promotion board convened on 24 September 1963 and adjourned on 5 December 1963 and apparently was unaware of his having completed his military education requirement. It cannot be determined, however, whether he would have been promoted to LTC had this evidence been known by the promotion board, since specific reasons for nonselection may not be revealed.
On 13 July 1965, in response to his inquiry, the Office of Personnel Operations, Fort Benjamin Harrison, Indiana advised him that no specific reason for his nonselection could be provided because of the confidentiality requirements of promotion boards. He was further advised that his only recourse for reconsideration was to apply to this Board.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the US Total Army Personnel Command. It contains no information, advice or recommendation which would constitute a basis for granting the relief requested or for excusing the applicant's failure to timely file.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 13 July 1965, the date he was advised by the Office of Personnel Operations to file an application to this Board. The time for the applicant to file a request for correction of any error or injustice expired on 13 July 1968.
The application is dated 7 September 1995 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY2004 | 20040007934C070208
Powers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Army Regulation 135-155 (Reserve Components Promotion of Commissioned Officers other than General Officers), dated 20 December 1960, paragraph 11 (Eligibility for promotion), subparagraph e(2) stated that, effective 1 January 1962, LTCs and majors of all branches must have successfully completed or received constructive or equivalent credit for the Regular or Associate...
ARMY | BCMR | CY2012 | 20120020302
A review of the applicant's records shows that each time he was nonselected for promotion to pay grade O-4 he requested reconsideration contending that documents may have been missing from his records at the times his records were considered by the promotion selection boards. Each time he was told that all of his records were available during his promotion considerations. Section 14502(b) of Title 10, U.S. Code, states that in the case of an officer who was eligible for promotion and was...
ARMY | BCMR | CY2004 | 2004100281C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. Although the applicant was promoted to the rank of colonel in the USAR, he did not serve on active duty in that rank and thus is not entitled to either be retired in that rank or to have his DD...
ARMY | BCMR | CY2012 | 20120011681
On 18 January 1962, by letter, Headquarters, Department of the Army (HQDA) notified him that he was considered for promotion to LTC by the 16 October 1961 DA USAR Selection Board, in accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), but he was not selected for promotion. The letter informed him that: * This non-selection constituted his first non-selection and that he would be considered by the next...
ARMY | BCMR | CY2001 | 2001065234C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: It provides, in pertinent part, that USAR officers who are serving in the rank of LTC and have not been selected for promotion, will be removed from active status and transferred to the Retired Reserve (if requested and eligible) or discharged, when they complete 28 years of commissioned service if under age 25...
ARMY | BCMR | CY2005 | 20050004052C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 January 2006 DOCKET NUMBER: AR20050004052 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. He had personally provided the course completion certificate for the Officer Advanced Course (OAC), but it was not provided to the selection board. A 28 April 1988 memorandum notified the Commander, Army...
ARMY | BCMR | CY2005 | 20050008449C070206
On 5 October 1983, the battalion commander forwarded the applicant's signed statement to The Adjutant General of Connecticut stating the applicant declined promotion with continued assignment to the Army National Guard of the United States in present grade as no vacancy presently existed for him to accept promotion in the higher grade. The applicant was informed that, since the records showed he had declined promotion to major [while in the ARNG], his promotion to major [once transferred to...
ARMY | BCMR | CY2013 | 20130002607
The applicant states she was not counseled or afforded the opportunity to transfer into the Retired Reserve in accordance with Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) and Army Regulation 135-155 (Army National Guard and Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prior to being discharged from the USAR on 30 September 1999. Army Regulation 135-155, paragraph 4-4, states that USAR...
ARMY | BCMR | CY2012 | 20120007551
The reason shows completion of 20 or more years reserve duty. The notification memoranda specifically state that the board examined the performance portion of her official military record and that selection boards do not record the reason for the selection or nonselection of individual officers. There is no available evidence showing why her records were considered by four promotion boards, or that there was confusion over her promotion eligibility.
ARMY | BCMR | CY2008 | 20080007145
He adds, in effect, that it was a failure of the United States Army Reserve (USAR) to promote him to 1LT with a date of rank concurrent with his Army National Guard (ARNG) appointment of 13 April 1953. The applicant also states, in effect, that another error was made when he was non-selected for promotion to CPT. Item 12 (Appointments) of the applicant's DA Form 66, Officer Qualification Record, shows he was promoted to 1LT in the Army of the United States effective 19 August 1951; to 1LT...