Mr. Carl W. S. Chun | Director | |
Mr. Vic Whitney | Analyst |
Mr. John N. Slone | Chairperson | |
Ms. Linda D. Simmons | Member | |
Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: Promotion reconsideration to lieutenant colonel (LTC) under 1997 criteria.
APPLICANT STATES: That his certificate for completion of 50 percent of the Command and General Staff Course (CGSC), an award of the Army Commendation Medal (ARCOM), his diploma for the Senior Transportation Officer Qualification Course, and his diploma for a Master of Business Administration was missing from his Official Military Personnel File (OMPF) when it was viewed for promotion consideration. Additionally, his Officer Record Brief (ORB) should have had a review date of 25 August 1997 not 1993. In support of his application he submits copies of the above mentioned documents and information showing his attempts to correct his records.
EVIDENCE OF RECORD: The applicant's military records show:
At the time of his non-selection for promotion to LTC by the 1996 and 1997 Reserve Components Selection Boards (RCSB), the applicant was serving in the position of Transportation Officer in the rank of major in an Army Reserve (USAR) unit. His available records show an Academic Evaluation Report (AER) for the Senior Transportation Officer Qualification Course was placed on his OMPF effective 28 September 1994 and was seen by the 1997 LTC promotion selection board.
Records at the Office of Promotions, Reserve Components, Total Army Personnel Command show that the applicant's record of completion of 50 percent of CGSC and his diploma for a Master of Business Administration were viewed in hard copy by the 1997 LTC promotion selection board. There is no evidence that the board saw the award of the ARCOM.
The ORB submitted by the applicant shows his signature in the lower right corner with a date of 25 August 1993. The upper left corner of the form shows a preparation date of 25 August 1997, which was current for the 1997 RCSB. This ORB also shows his civilian education as an MBA, his military education as 50 percent of CGSC, and completion of the Senior Transportation Officer Qualification Course.
Army Regulation 135-155 provides the policy for selection and promotion of Reserve Component officers. The regulation in effect at the time provided for standby advisory boards (STAB) in those cases where an officer was eligible for consideration and whose records were not submitted for review and for officers whose records contained material error when viewed by the board. Included in the reasons for reconsideration were an officer's correct military or civilian education level was not seen by the board and an award of the Silver Star or higher was missing from the record.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The available evidence shows that the applicant's records, as seen by the 1997 RCSB for promotion to LTC, contained his highest military and civilian education level.
2. The absence of the applicant's award of the ARCOM is not a basis for reconsideration for promotion.
3. The ORB with a date of 25 August 1997 was correct as seen by the 1997 RCSB.
4. In view of the foregoing, there is no basis for granting the applicant's 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
__js____ __ls____ ___rs___ DENY APPLICATION
CASE ID | AR2002071481 |
SUFFIX | |
RECON | |
DATE BOARDED | 20030925 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 131.11 |
2. | |
3. | |
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