RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060008391 


	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

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Marla J. N. Troup

Chairperson

Mr. John G. Heck

Member

Mr. Donald L. Lewy

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, that the Memorandums, dated 8 March  
2001 and 28 February 2002, be removed from the Performance section of her Official Military Personnel File (OMPF).

2.  The applicant states, in effect, that she was informed by a local Recruiter in November 2005 that she was two times non-select for promotion to lieutenant colonel while a member of the Individual Ready Reserves (IRR).  She states that while she was living in Georgia during the period July 1991 to June 2002, she was never notified that she was being considered for promotion.  Also, she did not know that as a member of the IRR she could be promoted or that it was a requirement to continue her military education.  She would like for the memorandums to be expunged from her record so she can return to active Reserve or Army National Guard status.

3.  The applicant provides:

     a.  a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with an ending date of 30 June 1991;

     b.  a copy of a memorandum for promotion to major, dated 9 July 1993;

     c.  a copy of two memorandums from U.S. Army Total Personnel Command, St. Louis, Missouri, dated 8 March 2001 and 28 February 2002 with the subject:  Notification of Promotion Status;

     d.  a copy of a written statement, dated 6 June 2006; and

     e.  a copy of an Officer Records Brief, dated April 1991.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which occurred on 1 September 2002, the date she was discharged from the United States Army Reserve.  The application submitted in this case is dated 7 June 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that she was commissioned as a second lieutenant when she entered active duty on 18 August 1982.  She was promoted to first lieutenant, Adjutant General Corps, and then served with the U.S. Army Soldier Support Center (USASC).  On 1 July 1986, she was promoted to the rank of captain.

4.  On 30 June 1991, the applicant was released from active duty and assigned to the U.S. Army Reserve Control Group, St. Louis, Missouri.

5.  On 30 July 1993, the applicant was promoted to the rank of major.

6.  Both memorandums submitted by the applicant, dated 8 March 2001 and  
28 February 2002, state the applicant was considered for promotion to lieutenant colonel but was not selected.  The first memorandum further states "The records reviewed by the Department of the Army Selection Board did not indicate that you had completed the required civilian and/or military education by the day the board convened."

7.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) states, in pertinent part, that to qualify for selection, commissioned officers (other than commissioned warrant officers) must complete the military educational requirements not later than the day before the selection board convene.  Officers enrolled in an authorized resident command and staff college course at the time they are considered for promotion to LTC will be granted equivalent credit for having completed 50 percent of the Command and General Staff Officers Course (CGSOC).

8.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket (MPRJ), the Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 of this regulation states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.  Table 2 of the regulation pertains to the composition of the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she did not received notification to let her know she was being considered for promotion to lieutenant colonel.

2.  All commissioned officers in the zone of consideration for promotion are mailed memorandum of instructions provided by the U.S. Army Human Resources Command.

3.  An Adjutant General Corps officer with more than 5 years of active duty would be expected to know that after she was transferred to the USAR, she would continue as a commissioned officer and would remain eligible for consideration for promotion which would require her to continue her military education.  As such, she is not entitled to correction of her records to expunge the memorandums from her OMPF.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 September 2002; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
31 August 2005.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___mjnt__  ___jgh__  ___dll____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.




2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.




_____Marla J. N. Troup________
          CHAIRPERSON




INDEX

CASE ID
AR20060008391
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070221
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.