| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Donald P. Hupman, Jr. | Member | |
| Mr. William D. Powers | Member |
2. The applicant requests, in effect, reconsideration for promotion to captain in the Michigan Army National Guard.
3. The applicant states that due to an administrative error, he was not notified of his promotion consideration. He did not have the opportunity to review or submit a complete promotion packet for board consideration. He also states that his date of rank was entered incorrectly on his SIDPERS (Standard Installation/Division Personnel System) worksheet and PQR (Promotion Qualification Roster) and he is also submitting a copy of his Federal recognition in support of his request. These documents have not been received.
4. On 11 April 2002, the applicant’s request (Application for Correction of Military Records) was forwarded by the National Guard Bureau by telefax to the Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM). Based upon a review of the case by an official of the PERSCOM, it was determined that the applicant’s official military personnel file (OMPF) contained material error when he was considered and not selected for promotion by the Reserve Components Selection Boards (RCSBs) convening November to December in 1995, 1996 and 1997. The 1996/F1 board was convened November to December 1995, the 1996/F2 board was convened November to December 1996, and the 1997 board was convened November to December 1997. The PERSCOM official has, in effect, recommended approval of the applicant's request.
5. Reserve promotion policy specifies that promotion reconsideration by a Standby Advisory Board (STAB) or a Special Selection Board (SSB) may only be based on erroneous non-consideration or material error that existed in the record of a commissioned officer at the time of consideration. A STAB is required for reconsideration for 1995 and earlier criteria prior to 1 October 1996, and an SSB is required for 1 October 1996 and later. It further specifies that promotion reconsideration by a STAB for criteria prior to the Reserve Officer Personnel Management Act (ROPMA), implemented on 1 October 1996, may only be based upon ABCMR determination approved by the Secretary of the Army. Approval for criteria after the ROPMA by an SSB may be accomplished by the PERSCOM.
CONCLUSIONS:
1. The applicant’s records contained material error when reviewed for promotion to captain by the 1995 RCSB and should now be submitted to a STAB for promotion reconsideration.
2. Promotion reconsideration under the 1996 and 1997 criteria may be taken by the PERSCOM, and will not be further addressed by the Board.
3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing all of the records of the individual concerned on his OMPF.
2. That following administrative implementation of the foregoing, his records be submitted to a duly constituted STAB under 1995 criteria, as appropriate.
3. That if selected his records be further corrected by showing he was promoted to the next higher grade on his date of eligibility therefore, as determined by appropriate Departmental officials using the criteria cited, provided he was otherwise qualified and met all other prerequisites for promotion.
4. That if the applicant was selected but previously separated, his records be further corrected to show:
a. that his discharge or transfer to the Retired Reserve, as applicable, is void, and of no force or effect, that he was credited with qualifying service for Reserve retirement for his respective retirement years, from the dates of his now-voided discharge or transfer to the Retired Reserve to the date of his return to the active Reserve;
b. that an adequate explanation be placed in his official personnel files to show that the gap in his officer evaluation reports, from the dates of his now-voided discharge or transfer to the Retired Reserve to the date of return to active Reserve status, was not caused by any fault on his part, and to insure that he is not prejudiced thereby in the consideration of any future personnel actions; and
c. that all documents related to his now-voided non-selection for promotion by the 1995 RCSB, and his discharge or transfer be expunged from his official military records.
5. That if not selected, the applicant be so notified.
BOARD VOTE:
_DPH__ _JNS_____ _WDP___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
John N. Slone
______________________
CHAIRPERSON
| CASE ID | AR2002078620 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020912 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003085330C070212
Counsel states that the applicant was unlawfully non-selected for promotion to LTC by two Standby Advisory Boards (STAB) convening in December 2000 and May 2001 under 1998 and 1999 criteria, when the Army Reserve Personnel Command (AR-PERSCOM) failed to properly expunge derogatory documents from his official military personnel file (OMPF) microfiche. The applicant appealed to the Army Board for Correction of Military Records (ABCMR) on 1 August 1995 to be retained on active duty as an...
ARMY | BCMR | CY2003 | 2003083549C070212
Effective 29 August 2003, the applicant was discharged from the USAR based on his nonselections for promotion. 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. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2003 | 2003086645C070212
The regulation also specifies that an officer shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing the years of service in grade so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete the required years of service. Army Regulation 135-155 further specifies that promotion reconsideration by a Standby Advisory Board (STAB) or a Special Selection...
ARMY | BCMR | CY2002 | 2002075907C070403
The applicant’s military records show that he was erroneously not considered for promotion to major by the 1995, 1996, 1997 and 1998 Reserve Components Selection Boards (RCSB’s). He was also advised he may be considered by a special selection board (SSB) without the OER but he must submit a memorandum to the Office of Promotions stating so for consideration. On 31 May 2002, the applicant advised the ABCMR and the Office of Promotions, that he had exhausted all avenues to recover the OER...
ARMY | BCMR | CY2002 | 2002073123C070403
Current promotion policy specifies that promotion reconsideration by a Standby Advisory Board (STAB) and/or Special Selection Board (SSB) may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration. The Board notes the applicant's contention that his DOR's for CPT and LTC should be adjusted based on his CSC awarded at appointment. Since his DOR for MAJ has been corrected to 6 June 1991, he is also eligible for promotion...
ARMY | BCMR | CY2001 | 2001062876C070421
The applicant states that he was passed over for promotion to captain by the 1997 and 1998 selection boards, and the boards did not receive his microfiche that indicated he had a Bachelor of Science degree. He was promoted to captain with an effective date of 25 June 1998. The Board also concludes that under these circumstances the applicant was wrongfully denied pay and retirement points for National Guard service as a captain based on his unfair non-selection by the 1997 RCSB and his...
ARMY | BCMR | CY2002 | 2002074564C070403
Current promotion policy specifies that promotion reconsideration by a Standby Advisory Board (STAB) and/or Special Selection Board (SSB) may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration. The Board also notes that based on the correction to his DOR’s for captain and major and for the applicant to receive the earliest promotion consideration for lieutenant colonel, it would now be appropriate to submit his records for...
ARMY | BCMR | CY2001 | 2001060045C070421
He also states that the applicant was in the zone of consideration by the 1996 RCSB with a PED of 10 September 1996 (sic), based on the 12 years TCS requirement. The table states an officer will be promoted on the date he meets the TIG in grade and TCS requirements provided he is recommended for promotion by the selection board that considered him for promotion. If not selected for promotion by the SSB he should be issued a corrected promotion order with a DOR of 10 September 1996 (sic)...
ARMY | BCMR | CY2002 | 2002080028C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The regulation further specifies that BA degrees required for Reserve promotion to captain or above, must be completed not later that the day before the selection board convening date and all commissioned officers initially appointed on or after 1 October 1987 must posses a BA degree from an accredited institution recognized by the United States Secretary of Education. ...
ARMY | BCMR | CY2003 | 2003087567C070212
The applicant states that he was passed over for the education requirement on his 2001 captain board and disallowed a special selection board (SSB), despite being educationally qualified at the time of the board. The Board concludes that it would be unjust to deny the applicant promotion reconsideration based on the technicality that his degree was not formally conferred prior to the convening date of the 2001 promotion board given he had completed all the academic requirements for a BS...