RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 September 2005
DOCKET NUMBER: AR20040010521
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:
| |Ms. Shirley L. Powell | |Chairperson |
| |Mr. Robert L. Duecaster | |Member |
| |Ms. Jeanette R. McCants | |Member |
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, in effect, reinstatement in the Reserve in a
commissioned officer status.
2. The applicant states that he did not recall any knowledge or
realization of the time continuing to tick away at his window for promotion
to major while assigned to the Individual Ready Reserve (IRR). Had he
known he was passed over for promotion one year ago, he most surely would
have brought it to the attention of the recruiter when he was later
appointed as a captain in the Army National Guard (ARNG). He also states
that he completed the Air Defense (AD) Officer Advanced Course (OAC) Phase
I in January 2004. He had an AD OAC Phase II course date of July 2004.
3. The applicant provides copies of his request for a retention waiver, a
memorandum of support for retention from his commander, and his completion
certificates for the AD OAC Phase I and the Combined Arms and Services
Staff School Phase 1.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he was appointed in the New
Mexico (NM) ARNG as a second lieutenant effective 10 September 1983.
2. He completed the AD officer basic course (OBC) effective 7 June 1984.
3. He was promoted to first lieutenant effective 6 May 1986 and to captain
effective 18 March 1991, with a date of rank of 23 May 1990.
4. He was separated from the NMARNG effective 1 October 1993 and
transferred to United States Army Reserve (USAR) Control Group (IRR).
5. He was considered and not selected for promotion to major by the 1997
and 1998 Reserve Components Selection Boards (RCSB). He was not qualified
for promotion based on the lack of the required military education,
completion of an OAC.
6. A Notification of Promotion Status memorandum, dated 6 June 1997, was
forwarded to the applicant advising him of his first non-selection for
promotion to
major at his last known address which is also his current address. His
Notification of Promotion Status memorandum for the 1998 RCSB was not
available for review.
7. He was separated from the USAR effective 9 November 1998, based on his
two non-selections for promotion to major.
8. He was appointed in the NMARNG as a captain effective 19 June 2003.
9. He was separated from the NMARNG as a captain effective 8 March 2004.
10. The applicant submits documentation that shows he completed the AD OCA
Phase I effective 26 January 2004. He also submits a copy of his request
for a waiver for retention in the ARNG dated 20 March 2004. He also
submits a request for retention from his commander. The commander stated
that the applicant had performed exceptionally well and had been a model
officer for others to emulate.
11. Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve Component officers. This regulation specifies that
promotion 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.
12. Army Regulation 135-155 also specifies that promotion to major
requires completion of 7 years time in grade and an OAC not later than the
day before the selection board convening date is required for promotion
qualification to major. Officers who twice fail to be selected for
promotion to the grade of major will not be considered again for promotion,
and will be transferred to the Retired Reserve, if they are eligible and
request such transfer, or discharged.
13. National Guard Regulation 600-100 prescribes the policies and
procedures for Federal recognition of ARNG officers. Paragraph 2-8 of this
regulation specifies, in pertinent part, that a Reserve commissioned
officer twice non-selected for promotion by a RCSB is ineligible for
Federal recognition and waivers are not authorized.
DISCUSSION AND CONCLUSIONS:
1. The applicant is not entitled to reinstatement in the Reserve in a
commissioned officer status.
2. The applicant's contentions have been noted. The applicant was
considered and not selected for promotion to major by the 1997 and 1998
RCSB's. The applicant had not completed his military education by the
convening dates of 1997 and 1998 RSCB's; therefore he was not qualified for
promotion to major without completion of an OAC. Pertinent regulations
show that an officer who is twice non-selected for promotion to the next
higher grade will be transferred to the Retired Reserve, if they are
eligible and request such transfer, or discharged.
3. The evidence of record shows that the applicant's 1997 non-selection
memorandum was mailed to his last known address, which is also his current
address. His records do not contain a copy of his 1998 non-selection
memorandum; however, based on the evidence that the 1997 non-selection
memorandum was mailed to his current address, it is reasonable to assume
that his 1998 non-selection memorandum was also mailed to him using the
same address.
4. Given that the applicant completed an OBC effective 7 June 1984, he had
over 12 years to complete an OAC. He knew, or should have known, that he
would be considered for promotion to major by a RCSB upon completion of
7 years time in grade and that he needed to insure, well in advance, that
his record would present his career and qualifications to a RCSB in the
best possible light. The requirement for an OAC is a long-standing
requirement for promotion to major.
5. The applicant was appointed in the ARNG effective 19 June 2003 and
extended Federal recognition. He was discharged effective 8 March 2004
since he was not entitled to extension of Federal recognition as a
commissioned officer based on his non-selections for promotion by a RSCB.
6. In view of the foregoing, there is no basis for granting the
applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___rld___ ___jrm___ ___slp___ 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.
_________Shirley L. Powell_________
CHAIRPERSON
INDEX
|CASE ID |AR20040010521 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050913 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |136.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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