RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 January 2006
DOCKET NUMBER: AR20050007498
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Kenneth L. Wright | |Chairperson |
| |Mr. Dale E. DeBruler | |Member |
| |Mr. Qawiy A. Sabree | |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 that his records be corrected to show he was
given credit for completing a colonel command tour and to show he was given
a unit vacancy promotion to colonel with a date of rank of 29 June 2002.
2. The applicant states he was selected by the Command Selection Board for
a colonel command [in] a Legal Service Organization. That would have given
him credit for completion of a command tour and a unit vacancy promotion to
colonel. His name was removed from the selection list even though he was
qualified to compete for the board, which was an abuse of discretion.
3. The applicant provides, in support of his application, a self-authored
statement wherein he contended that, at his administrative discharge board,
his attorney asked Colonel L___ if his (the applicant's) name was removed
from the command selection list. Colonel L___ refused to answer, which the
applicant takes as an admission by the government that his removal from the
command selection list is a fact.
CONSIDERATION OF EVIDENCE:
1. After having had prior service in the U. S. Navy and U. S. Naval
Reserve, the applicant was appointed a commissioned officer in the U. S.
Army Reserve (USAR) on 28 February 1991. He was promoted to lieutenant
colonel in the Judge Advocate General’s Corps (JAGC) on 27 June 1999.
2. Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers), chapter 2, section VII of the version effective 1 October 1994,
prescribed the policy and procedures for the execution of the colonel and
lieutenant colonel command vacancy solicitation process and the subsequent
selection process. In part, it provided that area commanders would
consolidate solicitation requests from subordinate units and forward the
requests to the Commander, U. S. Army Reserve Personnel Center (ARPERCEN);
provided that the Commander, ARPERCEN would notify eligible Individual
Ready Reserve (IRR) and Individual Mobilization Augmentee (IMA) officers of
existing or pending vacancies and instruct interested officers to send
application packets directly to the unit address provided in the
application packet.
3. Army Regulation 140-10, chapter 2, section VII further provided that
area commanders would convene a selection board at least annually to
consider qualified officers to fill projected colonel command vacancies.
Boards would
select the "best qualified" officer from among the fully qualified officers
to fill each specific command position vacancy or projected vacancy. On
adjournment, the board would issue a report showing the results of their
deliberations to include the selection list and considered list. The board
report would be sent to the appropriate area commander who was the final
approval authority for colonel and lieutenant colonel command selectees.
An exception was that JAGC officers required the approval of The Assistant
Judge Advocate General.
4. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Offices other than General Officers), effective 1 October 1994 stated the
USAR unit vacancy promotion system was designed to promote officers to fill
vacancies in USAR units that could not be filled by local commanders with
qualified officers of the authorized grade.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been considered; however, he provides
no evidence to show he was selected by a Command Selection Board for a
colonel command. Even if he had been selected, to presume such a selection
would have given him credit for completion of a command tour is purely
speculative.
2. There is insufficient evidence on which to correct the applicant's
records to show he completed a command tour.
3. There is insufficient evidence on which to conclude failure to complete
a command tour was the only reason the applicant was not selected for a
unit vacancy promotion to colonel.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__klw___ __ded___ __qas___ 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.
__Kenneth L. Wright___
CHAIRPERSON
INDEX
|CASE ID |AR20050007498 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060110 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |131.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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