| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Walter T. Morrison . | Member | |
| Mr. Thomas E. O'Shaughnessy, Jr. | Member |
APPLICANT REQUESTS: Removal of his non-selection for promotion to major by the 2002 Reserve Components Selection Board (RCSB) and promotion reconsideration.
APPLICANT STATES: That being in an inactive status for 8 years, per regulatory guidance, Army Regulation 135-155, paragraph 2-6, “an officer returned to an active status after having been in an inactive or retired status will not be considered for a Reserve of the Army promotion until at least 1 year after the date of return to an active status.” By regulation, being deployed and having little time to assemble his promotion packet caused undue consternation for the officer personnel manager in Montana and himself. In support of his application he submits copies of his discharge and transfer documents, his Service School Academic Evaluation Report, his appointment orders, his order for active duty, his promotion consideration notification memorandum, his request for a special selection board (SSB), several officer evaluation reports (OER’s) and his denial letter for an SSB.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed in the Montana Army National Guard (MTARNG) as a second lieutenant effective 21 June 1986 and promoted to first lieutenant effective 20 June 1989.
He was promoted to captain effective 19 June 1993, with a date of rank of 18 December 1992.
He was separated from the MTARNG and transferred to the USAR Control Group (Reinforcement) effective 6 October 1993.
He was appointed in the MTARNG as a captain effective 11 September 2001.
He was ordered to active duty for special work for the period 7 November 2001 through 3 May 2002.
He was considered and not selected for promotion to major by the 2002 RCSB, which convened on 3 April 2002.
On 16 September 2002, he requested promotion reconsideration to major by an SSB under 2002 criteria based on material error, missing OER’s.
On 12 November 2002, the Chief, Office of Promotions, Reserve Components, Total Army Personnel Command, advised the applicant that a review of his record that was considered by the 2002 RCSB revealed all critical elements were present in the board consideration file. Critical (material error documents) are
highest civilian and military education, awards of the Silver Star and above and OER’s. He was also advised that the contested OER’s were seen in hard copy; therefore, he did not have a basis for an SSB.
Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that promotion reconsideration by an SSB may only be based on erroneous non-consideration or material error, which existed in the records at the time of consideration. Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual’s non-selection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.
The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military schooling.
The regulation also states that to be eligible for consideration for promotion to the next higher grade, an ARNG or Reserve officer must have continuously performed service on either the Reserve Active Status List (RASL) or the Active Duty List (or a combination of both) during the 1-year period ending on the convening date of the promotion board. Service in the Individual Ready Reserve (IRR) is part of the RASL as is a mobilized USAR officer on active duty for less than 3 years.
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. In view of the circumstances in this case, the applicant is not entitled to promotion reconsideration to major. He has not shown error, injustice, or inequity for the relief he now requests.
2. The Board notes his contentions that his file contained material error when it was considered by the 2002 RCSB and that he should not have been considered until 1 year after his release from active duty. However, based on a review of his promotion consideration file it was revealed that the contested OER’s were seen in hardcopy and are not a basis for promotion reconsideration by an SSB.
3. The Board also notes that Army Regulation 135-155, paragraph 2-6 is not applicable to the applicant. The applicant was a Reserve officer who continuously performed service on the RASL while in the IRR and while in an
active duty status during the 1-year period ending on the convening date of 3 April 2002 of the 2002 RCSB. He was appropriately considered for a Reserve promotion as a Reserve officer on the RASL.
4. His records were complete and without material error when reviewed by the 2002 RCSB and he has not shown otherwise.
5. The Board further notes, that as shown in this case, promotion is not automatic based on qualifications alone, but includes a competitive process of a RCSB determining an individual's potential and ability to perform at the higher grade. Promotion and retention is keenly competitive, and many officers will not be selected.
6. 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. The applicant has failed to submit evidence that would satisfy this requirement.
7. 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:
3
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_MKP___ _WTM___ _TOE___ DENY APPLICATION
| CASE ID | AR2003083692 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030729 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | 131.10 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2006 | 20060011579
The evidence shows the applicant was promoted to lieutenant colonel with a promotion effective date and date of rank of 30 August 1999. Based on the established zone of consideration for the 2002 RCSB and the applicant's date of rank for lieutenant colonel, he was not eligible for consideration for promotion to colonel by that board. He was considered and selected for promotion to colonel by a SSB that convened on 4 August 2006.
ARMY | BCMR | CY2008 | 20080005260
The applicant requests, in effect, below the zone promotion consideration to major by a special selection board (SSB) under the 2007 year criteria and promotion to major effective as if he had been selected in 2007. The applicant states, in effect, he was not selected for below the zone promotion to major by the 2007 Reserve Components Selection Board (RCSB), because of an unjust officer evaluation report (OER) for the period 7 November 2005 to 30 April 2006. In accordance with regulatory...
ARMY | BCMR | CY2008 | 20080019078
The applicant requests the following: a. the Board review his military officer records and determine if they had been updated and were accurate prior to being submitted to the 2002 and 2003 Reserve Component Selection Boards (RCSB), specifically the inclusion of a law degree in his records, and promotion to major (MAJ) in the Individual Ready Reserve (IRR); or alternatively, b. the Board allow him to resign his commission in the IRR retroactively to enable him to reenter military service as...
ARMY | BCMR | CY2002 | 2002071120C070402
On 5 September 2001, he was granted a military education waiver for promotion reconsideration by a special selection board (SSB) under 2001 criteria. Based on the information presented, it is recommended that the applicant's request be approved and his records be considered by an SSB as previously scheduled. The Board concludes in this case that the applicant is not entitled to promotion without selection by an RCSB; however, he is entitled to promotion reconsideration to major under 2001...
ARMY | BCMR | CY2013 | 20130014909
His record contains an NGB Form 62-E (Application for Federal Recognition as an Army National Guard Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the ARNG of the United States (ARNGUS)), dated 15 May 2006, showing he requested appointment and Federal Recognition as a second lieutenant (2LT) in the Aviation (AV) Branch. His primary concern was that he had been promotable for at least a year and that his chain of command had intended on...
ARMY | BCMR | CY2010 | 20100022165
It states that a promotion reconsideration board will consider the record of the officer as it should have been considered by the original board. The available evidence shows that at the time the 2009 AMEDD CPT RCSB convened the applicant's OMPF contained a material error in the form of a missing OER. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. submitting the applicants records to a duly constituted SSB for...
ARMY | BCMR | CY2004 | 20040010374C070208
The applicant's Officer Record Brief shows he was assigned with the 343rd Support Center, Reserve Officer Training Corps (ROTC) from 28 March 1994 to 1 December 1996, and he was promoted to major/O-5 (MAJ/O-5) on 22 June 1995. On 17 May 2004, the Chief, Office of Promotions, Reserve Components, informed the applicant that a Special Selection Board (SSB) convened to consider him for promotion to LTC under the 2002 criteria; however, he was again not selected for promotion, which confirmed...
ARMY | BCMR | CY2003 | 2003090452C070212
The applicant requests, in effect, a military education waiver and promotion reconsideration to major. The applicant's records show he received officer evaluation reports (OER) for the periods ending 5 May 1992, 14 April 1994, and 4 November 1994, in which each rater stated the applicant should be selected for and attend OAC. The applicant had not completed his military education by the convening dates of the 2001 and 2002 promotion boards, he was not qualified for promotion without an...
ARMY | BCMR | CY2012 | 20120000367
Counsel requests reconsideration of the applicants earlier petition to the Board and that the record be corrected as follows: a. a waiver to meet time requirement for promotion consideration; b. placement of a letter in applicants personnel record setting forth his accurate performance of duty for the period covered by Officer Evaluation Reports (OERs) previously removed from the record; and c. promotion to colonel or, consideration by a Stand-By Advisory Board (STAB)/Special Selection...
ARMY | BCMR | CY2002 | 2002072587C070403
The applicant states that the promotion board did not honor his waiver. The Board notes that the Chief, Office of Promotions, is the approving authority for granting all requests for exception to non-statutory promotion requirements and referral for SSB action when that office has determined that a material error caused the non-selection of an officer by a promotion board under past and current criteria. That all of the Department of the Army records related to this case be corrected by...