APPLICANT REQUESTS: That he be considered for promotion to lieutenant colonel by a Standby Advisory Board (STAB).
APPLICANT STATES: That because of his transfer between the Ohio Army National Guard (OHARNG) and the Wisconsin Army National Guard (WIARNG), he was never notified that he was not selected for promotion to lieutenant colonel on his first consideration or, therefore, the reasons for his failure to be selected. Without that information, he did not realize that he had miscalculated the date that he needed to complete the required portion of the Command and General Staff Course (C&GSC) to be eligible for promotion, and would have accelerated his course work if he had been properly advised of the reason for his failure to be selected. In addition, an officer evaluation report (OER) for a period wherein he was a commander was not in the promotion packet reviewed by the promotion board. Since his failure to be selected for promotion, he has completed 50 percent of the C&GSC which is required for promotion to lieutenant colonel, and has also completed phase IV of that course.
EVIDENCE OF RECORD: The applicant's military records show:
He was promoted to major on 19 December 1986 while assigned to the WIARNG. He was discharged from the WIARNG on 23 May 1989 due to the acceptance of his application for appointment in the OHARNG.
On 12 May 1992 the applicants OHARNG unit commander was notified that the applicant was in the zone of consideration for mandatory promotion consideration to lieutenant colonel, and for the applicant to review his Official Military Personnel File for accuracy.
On 16 January 1993 the applicant applied for, and was accepted, for appointment back to the WIARNG.
On 29 November 1993 the Total Army Personnel Command (PERSCOM) notified the applicant that he had been considered, but not selected, for promotion to lieutenant colonel, and that he would be separated from the Army Reserve as a result of his twice being considered, but not selected, for promotion.
On 17 March 1994 the applicant requested reconsideration of his mandatory separation, basing his request on, essentially, the same contentions he has made to the Board. In support of his request he submitted a certificate of 50 percent course completion from his C&GSC, dated 4 February 1994.
His request was denied based on his failure to complete 50 percent of the C&GSC prior to the convening of the second promotion board.
On 18 April 1994 the applicant was honorably discharged from the WIARNG and assigned to the USAR Control Group (Retired) for failure of Reserve promotion after second consideration.
Army Regulation 135-155, Promotion of Commissioned Officers and Warrant Officers Other Than General Officers, requires the mandatory consideration of USAR commissioned officers for promotion to the next higher grade at specified times in their careers as determined by the officers years in grade and years of commissioned service. While promotion consideration is mandatory, selection for promotion is contingent on an officer meeting promotion eligibility requirements and whether he or she has satisfactorily participated in Reserve training. Mandatory promotion consideration to lieutenant colonel occurs at 7 years time in grade as a major.
Army Regulation 140-10, Assignments, Attachments, Details, and Transfers, paragraph 7-4 provides, in pertinent part, that officers who fail to be selected for promotion to captain, major, or lieutenant colonel after a second consideration must be removed from an active status.
In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the PERSCOM. The PERSCOM stated that the applicant was not selected for promotion due to his not having completed 50 percent of the C&GSC prior to his second promotion consideration. The PERSCOM continues that the applicants contentions concerning his not being notified of his failure to be promoted on his first consideration and the failure of the promotion board to consider his command OER are immaterial in consideration of his failure to meet the educational criteria for promotion. The PERSCOM recommends disapproval of the applicants request.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. The applicant did not meet the educational requirements for promotion to lieutenant colonel at the time the promotion board convened. Therefore, he was not eligible for promotion.
2. The failure of the promotion board to review his command OER is immaterial in view of his failure to complete his educational requirements. He simply was not eligible for promotion.
3. As for the applicants contention that he would have adjusted his course work in C&GSC if he had been notified that he had not been selected by the first promotion board is not accepted. First, the applicant was of the grade and had the years of service to know when he would be considered for promotion. Secondly, even if he had miscalculated his mandatory promotion consideration date, he was notified of his first promotion consideration. He does not deny that fact in his application.
4. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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