Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003090433C070212
Original file (2003090433C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 February 2004
         DOCKET NUMBER: AR2003090433


         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.

Mr. Carl W. S. Chun Director
Ms. Stephanie Thompkins Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Karen A. Heinz Member
Mr. John P. Infante Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests promotion to captain based on the captain selection board results published on 17 April 2003.

2. The applicant states that the Army Reserve Personnel Command (AR-PERSCOM) sent him a promotion packet to complete for the November 2002 captain selection board. He returned the completed packet and was selected by the board for promotion. The cutoff date of rank (DOR) was 30 June 2002 and his DOR was 9 August 1999, but was reported to the board as 9 August 1998. At the time the board convened he was serving in a captain's slot. He also states that someone discovered the error in his DOR and requested his name be removed from the board.

3. The applicant further states that the board results should stand because he does not want this to go on his record as a passover for promotion and he is presently deployed and unable to compete in this year's captain board.

4. The applicant provides a copy of the Unit Fiscal Year 2002 Captain Reserve Components Promotion Board Results and a partial printout of the 2002 Captain Promotion Selection Board List.

CONSIDERATION OF EVIDENCE:

1. The applicant's military records were not provided to the Board. Information herein was obtained from the Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM) that show the applicant was reassigned from the USAR Control Group (Reinforcement) and assigned to a Reserve troop program unit effective 30 August 1996.

2. The applicant was considered and selected for promotion to captain by the 2002 Reserve Components Selection Board (RCSB) that convened on 4 November 2002. The President approved the board results on 17 March and the results were published on 17 April 2003, respectively.

3. On 23 April 2003, the Chief, Office of Promotions, Reserve Components, PERSCOM, requested that Headquarters, Department of the Army, G-1 remove the applicant's name from the 2002 captain selection list. The Chief stated that the applicant was erroneously considered for promotion with a DOR of 9 August 1998 and the applicant's correct DOR was 9 September 1999. The Secretary of the Army established the promotion zone for the 2002 board as officers with DOR's to 1LT from 1 June 1998 through 30 June 1999.

4. The applicant was considered for promotion to captain by the 2003 RCSB. The board results have not been released.
5. The Chief, Special Actions Branch, Office of Promotions, Reserve Components, PERSCOM, expressed the opinion that based on an erroneous DOR in the system of 9 August 1998, the applicant was considered for promotion by the 2002 RCSB and selected. A review of his file revealed that his correct DOR was 9 August 1999. The established promotion zone for the 2002 board was for officers with a DOR not later than 30 June 1999. The applicant's DOR of 9 September 1999, put him out of the promotion zone. The applicant's removal from the 2002 board does not constitute a non-selection for promotion. In view of the facts presented, it was recommended that the applicant's request be denied.

6. The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 15 September 2003. He did not respond.

7. Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that an officer who has been recommended for promotion to the next higher grade must be in the zone of consideration before being promoted in the Reserve Components. Promotion from 1LT to captain required completion of 5 years in the lower grade.

8. Army Regulation 135-155 also specifies that the Secretary of the Army (SA) or his or her designee will establish the zone of consideration for each mandatory promotion board for commissioned officers. If an officer is determined to be ineligible for consideration by not being in the zone of consideration, the Commander, Office of Promotions, Reserve Components, PERSCOM will verify the officer's ineligibility, explain the basis for the officer's ineligibility to the SA, and advise the SA to request that the President approve removal or administrative deletion of the office's name for the promotion board report or promotion list. Officers erroneously considered and selected for promotion and deleted from the recommended list will not be considered to have failed selection for promotion.

DISCUSSION AND CONCLUSIONS :

1. The applicant is not entitled to promotion to captain based on the captain selection board results published on 17 April 2003.

2. The applicant's contentions have been noted; however, the applicant was erroneously considered based on an erroneous DOR listed in the Office of Promotions, Reserve Components database system. A review of his promotion file revealed that his DOR should have been 9 September 1999 instead of 9 August 1998. The 2002 RCSB established promotion zone was for officers with a DOR not later than 30 June 1999 and the applicant's DOR of 9 September 1999 put him out of the promotion consideration zone.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

___fe___ ___kh__ ___ji___ DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





                  ____Fred N. Eichorn____
                  CHAIRPERSON




INDEX

CASE ID AR2003090433
SUFFIX
RECON
DATE BOARDED 20040205
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 131.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2006 | 20060016197

    Original file (20060016197.txt) Auto-classification: Approved

    This order shows, in pertinent part, that the applicant was promoted to the grade of rank of CPT, effective and with a DOR of 1 March 2005. The applicant adds, in effect, that the Reserve Support Command should be able to confirm another person was assigned as the MP Platoon Leader and that he was assigned as the Operations Officer (i.e., a captain's position) from 16 July 2001 through 9 February 2003. Chief, Office of Promotions, RC, USA HRC, St. Louis, Missouri, effect necessary action...

  • ARMY | BCMR | CY2006 | 20060007549

    Original file (20060007549.txt) Auto-classification: Approved

    The applicant provides copies of his Letter of Appointment, an excerpt from Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), an excerpt from Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), two pages of e-mails related to his attempts in 2000 to correct his date of rank, a printout of the results from the 2002 promotion board, orders promoting him to captain, orders amending his date of...

  • ARMY | BCMR | CY2002 | 2002072743C070403

    Original file (2002072743C070403.rtf) Auto-classification: Denied

    On 20 August 1997, the OKARNG issued a NGB Form 22 (Report of Separation and Record of Service) honorably discharging the applicant from the OKARNG as a SGT, pay grade E-5, by reason of the individual's request. The investigation further substantiated that: the applicant submitted false information on his application for Army National Guard federal recognition in January 1987 by stating “No” to the question, “Have you ever been arrested or convicted by a civil court of other than minor...

  • ARMY | BCMR | CY2002 | 2002073123C070403

    Original file (2002073123C070403.rtf) Auto-classification: Approved

    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 | CY2003 | 2003090992C070212

    Original file (2003090992C070212.rtf) Auto-classification: Approved

    On 10 October 2000, he was promoted to major by AR-PERSCOM with a date of rank of 1 September 1992 (the date of his appointment as a Reserve captain), based on the selection for promotion by the 1993 RCSB. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers) specifies that mandatory selection boards will be convened each year to consider Reserve and ARNG officers for promotion to captain through lieutenant colonel. The applicant is entitled to correction to his...

  • ARMY | BCMR | CY2003 | 2003091205C070212

    Original file (2003091205C070212.rtf) Auto-classification: Denied

    The applicant requests, in effect, promotion consideration to major under the criteria 1998 through 2000 by a United States Army Reserve (USAR) promotion board and promotion to major in the USAR. The Office of Promotions, Reserve Components, verified the applicant is currently still in an active duty status and has been considered and selected for promotion to major by a active duty promotion board. The regulation further specifies that an officer who has an established date for removal...

  • ARMY | BCMR | CY2001 | 2001062370C070421

    Original file (2001062370C070421.rtf) Auto-classification: Denied

    After being commissioned as a USAR CPT, the next available Department of the Army Reserve Components Mandatory Promotion Selection Board (RCSB) for MAJ convened on 24 March 1998. The applicant was first considered for promotion under ROPMA by the 2 March 1999 RCSB for MAJ and was selected for promotion on this first consideration. The applicant's MAJ promotion effective date and DOR of 3 January 2000, the date that the 1999 RCSB recommendations were approved, are correct.

  • ARMY | BCMR | CY2013 | 20130011327

    Original file (20130011327.txt) Auto-classification: Denied

    e. A Promotion as a Reserve Commissioned Officer of the Army memorandum, dated 19 May 1997, promoting him to MAJ effective 1 June 1997 with a DOR of 29 June 1991. f. A Promotion as a Reserve Commissioned Officer of the Army memorandum (Corrected Copy), dated 19 May 1997, promoting him to CPT effective 1 June 1997 with a DOR of 29 June 1991. g. A promotion congratulations letter for the rank of MAJ. h. The following orders issued by Headquarters, USAR Command: (1) Orders Number T-12-721225,...

  • ARMY | BCMR | CY2013 | 20130021461

    Original file (20130021461.txt) Auto-classification: Denied

    The applicant states: * unfavorable information was placed in his Army Military Human Resource Record (AMHRR) in 1993 without his knowledge * he discovered the unfavorable information in his AMHRR in the summer of 2010 * in November 2010, he petitioned the Department of the Army Suitability Evaluation Board (DASEB) * the DASEB immediately removed the unfavorable information and granted him SSB promotion consideration for the 2009 Lieutenant Colonel (LTC) Selection Board * he was...

  • ARMY | BCMR | CY2010 | 20100027837

    Original file (20100027837.txt) Auto-classification: Denied

    A USARC Form 56-R (Promotion Qualification Statement for [U.S. Army Reserve Command] Mobilized TPU Officers), dated 25 August 2003, shows his commander verified he was qualified for promotion. An officer selected for the first time for promotion to the next higher grade may be promoted on or before the date he/she completes the maximum service. The evidence of record does not show errors in the applicant's rank or DOR.