Search Decisions

Decision Text

ARMY | BCMR | CY2006 | 20060009159C070205
Original file (20060009159C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060009159


      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. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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, selection by the Army Reserve
Officer Professional Development Education (PDE) Senior Service College
(SSC) Board for attendance to the next available SSC course.

2.  The applicant states, in effect, that due to administrative error at
the Human Resources Command (HRC), for the past two years his file was not
considered for attendance at the SSC.  He believes that if his file had
been seen by the boards, he would have been selected for attendance.  He
also states that a HRC board analyst mistakenly disqualified his packet for
lack of a bachelor's degree.  After his inquiry, the Chief, Board Support
Branch, HRC, St. Louis, Missouri, determined that his degree was in fact in
the file and that the analyst was in error for not allowing his packet to
be considered by the September 2005 board.  Additionally, for similar
reasons, his packet was not reviewed by the 2004 board. His promotion to
colonel by the 2003 promotion board is further evidence that his file was
complete.

3.  The applicant provides copies of electronic mail (email) correspondence
from the Chief, Board Support Branch, HRC, St. Louis, and the Chief, Team
C, Board Support Branch, HRC, St. Louis, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was awarded a Bachelor of
Science in Business degree on 13 May 1978 from Eastern Illinois University.

2.  The applicant was appointed in the United States Army Reserve, as a
second lieutenant, effective 28 December 1983.  He attained the rank of
colonel effective 31 March 2004.

3.  In email correspondence, dated 13 July 2005, the Chief, Team C, Board
Support Branch, HRC, St. Louis, assured the applicant that his diploma
would be uploaded onto his file.

4.  In email correspondence, dated 24 May 2006, the applicant advised the
Chief, Board Support Branch, HRC, St. Louis, that his file for over the
last two years plus had indicated that he was enrolled in the SSC.  This
was not correct.  It was his concern that he was not considered for
resident SSC due to the fact that his file erroneously indicated that he
was already enrolled in the SSC.


5.  In email correspondence, dated 25 May 2006, the Chief, Team C, Board
Support Branch, HRC, advised the applicant that the analyst in question no
longer worked in that office, but he did confirm that the applicant's
degree was on file and the applicant should not have been deleted from the
board.  There was no standby board for the PDE.  He suggested the applicant
apply again for the PDE and if not selected again, apply to the Army Board
for Correction of Military Records (ABCMR).

6.  The Chief also advised the applicant in a later email the same day that
the applicant was deleted from board consideration because an analyst could
not find proof of a college degree in the applicant's official military
personnel file.  The analyst contacted the applicant on or about 23 August
2005 requesting his civilian education document.  There was also annotation
that the applicant had been disenrolled from the War College, but that
would not stop the applicant from being boarded again.  It should have been
an alert that he had a college degree if he had already been accepted into
the War College, but the analyst still needed proof.  Also the applicant
had access to the board consideration file and he reviewed it on 10 August
2005 and apparently did see that his civilian education was not there.  He
again suggested the applicant reapply and if not selected then consider the
ABCMR route.

7.  A memorandum, dated 16 June 2006, for each Non-Active Guard Reserve
(AGR) Army Reserve Officer Eligible for Consideration, Subject:
Instructions for the 2006 Army Reserve Officer PDE Senior Service College
(SSC) Board, stated that the selection board would convene on 6 September
2006 at HRC, St. Louis.  The board would consider eligible Non-AGR Army
Reserve Lieutenant Colonels and Colonels for Resident and Distance
Education SSC for the Academic Year (AY) 2008-2009.  There would be no
standby or relook board.  To be eligible for consideration, all officers
must provide proof of a baccalaureate degree from an accredited
college/university.

8.  A staff member of Military Education Team, PDE Board, HRC, St. Louis,
verified that the selection results of the PDE boards that convened in
September and November 2006 have not been released.  If the applicant was
not considered by either board, he was eligible to reapply for
consideration by the September and/or November 2007 boards.







DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to selection by the Army Reserve Officer PDE SSC Board for
attendance to the next available SSC course.

2.  The applicant contends he submitted two packets for consideration for
attendance to the SSC in 2004 and 2005 and he was not considered.  The
applicant believes an administrative error prevented his file from being
considered; therefore, he was not selected for the SSC.  The applicant was
advised by the Chief, Board Support, HRC, St. Louis, that the reason he was
not considered was because an analyst could not find proof of a college
degree in his file.  The applicant was also advised that while it should
have been apparent he had a college degree since he had been accepted into
the War College, proof of his degree was still needed.  The applicant was
advised to reapply to the PDE and if not selected again, he could apply to
the ABCMR.

3.  The evidence shows the applicant was awarded a college degree in 1978
and it should have been shown in his file.  It appears that an
administrative error may have occurred, since his file did not reflect his
college degree, when in fact he did have one.  The applicant may have to
reapply for consideration by the next SSC Board. There are no provisions
for standby or relook considerations for this board.

4.  It is not known if the applicant applied for consideration by the
September or November 2006 boards.  It is also not known if he was
considered by those boards or selected for attendance to the SSC by either
board.  If the applicant submitted a packet and he was considered and not
selected for attendance to the SSC, he is eligible to reapply to the
September or November 2007 boards.  If he submitted a packet and was not
considered he must also reapply for consideration by the next scheduled
board through the PDE board office at HRC, St. Louis.

5.  The right to apply to the ABCMR should in no way imply that there was
an error or injustice in his case, nor did his submission of an application
assure that a hearing would be held or that favorable action would be
taken.  There are no provisions of law or regulatory guidance to the direct
the applicant's consideration or selection by a PDE board.





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

__LDS __  _PHM___  __DWS__  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.




                                  _____Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009159                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |103.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2010 | 20100008775

    Original file (20100008775.txt) Auto-classification: Denied

    After application to the Army Board for Correction of Military Records (ABCMR), he was reinstated as a commissioned officer in the USAR in the rank and grade of major/pay grade O-4. Based on the evidence of record, the applicant executed an oath of office and was commissioned in the USAR on 15 January 1985 at the age of 28 years. Therefore, there is insufficient basis to grant him his requested relief to extend his MRD to 10 March 2016, the date he attains age 60.

  • ARMY | BCMR | CY2014 | 20140008758

    Original file (20140008758.txt) Auto-classification: Denied

    ILE constructive credit was never a requirement for him to be educationally qualified. The advisory official states HRC is not the authority to grant credit for military education - this is very misleading because they are the office that marks the file educationally qualified. Officers not educationally qualified will not be selected for promotion.

  • ARMY | BCMR | CY2009 | 20090007427

    Original file (20090007427.txt) Auto-classification: Denied

    The applicant requests reconsideration of his request to remove the Officer Evaluation Report (OER) he received for the period 15 June 2002 through 1 June 2003 from his official military personnel file (OMPF) and that his record be submitted to a grade determination board to determine whether or not he should be retroactively promoted to colonel and selected for the senior service college (SSC). Counsel states, in effect, that the new clear and convincing evidence submitted with his request...

  • ARMY | BCMR | CY2008 | 20080016813

    Original file (20080016813.txt) Auto-classification: Approved

    The applicant states, in effect, he was a chief warrant officer two (CW2) when he transferred from the US Army Reserve (USAR) to the Army National Guard (ARNG) on 12 February 2000. On 2 March 2004, the ARNG again transferred the applicant to the USAR. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by granting him promotion consideration to CW4 under the 2005, 2006, and 2007 promotion selection criteria.

  • ARMY | BCMR | CY2007 | 20070002040

    Original file (20070002040.TXT) Auto-classification: Denied

    The applicant requests, in effect, that his records be placed before an enlisted standby advisory promotion board (STAB) for promotion consideration to the rank and pay grade of master sergeant/E-8. The purpose of the email was to inform the applicant that he was eligible for consideration by the 2006 Master Sergeant Promotion Board. As stated in the advisory opinion from U.S. Army Human Resources Command, St. Louis, Missouri, the applicant's board files contained documentary evidence of...

  • ARMY | BCMR | CY2010 | 20100010265

    Original file (20100010265.txt) Auto-classification: Approved

    The applicant requests reconsideration of the Board's denial of his previous request as follows: a. reinstatement to active duty until he can obtain a new surgical appointment and complete his surgery and recuperation; b. cancellation of his retirement until he has completed his surgery and recuperation; c. restoration of pay and allowances that the Army recouped as an indebtedness prorated through 13 June 2008, the date that the unexecuted portion of his active duty orders A-06-810144 were...

  • ARMY | BCMR | CY2014 | AR20140009522

    Original file (AR20140009522.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 27 January 2015 DOCKET NUMBER: AR20140009522 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests consideration by the Fiscal Year 2015 (FY15) U.S. Army Reserve (USAR) General Officer Assignment Advisory Board (GOAAB) and General Officer Promotion Selection Board (GOPSB). On 7 May 2014, he contacted the GOAAB board team again to let them know he had not received his "Eligible" notification and wanted to submit his written desire to be...

  • ARMY | BCMR | CY2006 | 20060001055C070205

    Original file (20060001055C070205.doc) Auto-classification: Denied

    While in the GSU, he applied for a promotion to captain via the January 2004 Position Vacancy Board (PVB) for a vacant captain Administrative Law Officer position. Prior to the processing of his promotion, it was determined that when the applicant's promotion packet was submitted for consideration, a position vacancy did not exist for the applicant to fill in order for him to be promoted. Since there is no authorization for promotion to the next higher grade based on filling a position...

  • ARMY | BCMR | CY2008 | 20080009899

    Original file (20080009899.txt) Auto-classification: Denied

    Therefore, he requests that the orders reassigning him to the Standby Reserve (Inactive) be revoked or a waiver granted so he could appear before the FY 2008 Army Reserve Judge Advocate General's Promotion Selection Board. Additional instructions included in those orders stated, "You will be discharged or transferred to the Retired Reserve (if eligible) one (1) year from the effective date of this order unless you provide the MSO election requesting to remain in the IRR." The evidence of...

  • ARMY | BCMR | CY2009 | 20090012219

    Original file (20090012219.txt) Auto-classification: Approved

    The advisory official stated that, due to the applicant having been transferred to the inactive list on 19 June 2007 and subsequently transferred back to the USAR Control Group (Reinforcement) on 15 August 2007, he was not on the Reserve Active Status List (RASL) for one continuous year prior to the convening date of the 2007 DA Reserve Components Colonel AMEDD Selection Board. If selected for promotion, his orders to the Retired Reserve should be voided, his promotion effective date and...