RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 April 2007
DOCKET NUMBER: AR20060010097
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. Gerard W. Schwartz
Acting Director
Ms. Anita McKim-Spilker
Analyst
The following members, a quorum, were present:
Mr. John Slone
Chairperson
Mr. David K. Haasenritter
Member
Mr. John G. Heck
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, promotion reconsideration to captain (CPT) by a Position Vacancy Board (PVB).
2. The applicant states, in effect, that he was non-selected for promotion to CPT by the PVB which was released on 6 July 2006. Due to mobilization, his unit did not submit unit vacancies to G-1 and he chose a CPT slot in a different unit. He elected to stay in the unit and he is currently assigned to the Battalion S-4, in a CPT slot. He is fully qualified for promotion, is more senior and more qualified that the other first lieutenants (1LT) in his unit. He believes he was not selected for promotion because his file was incomplete.
3. The applicant provides a copy of his promotion board file.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 15 November 2000.
2. The applicant was promoted to 1LT effective 3 December 2002.
3. The applicant provided a copy of his promotion board file, to include his Officer Evaluation Reports (OERs), his awards for service while mobilized in Iraq, and copies of his college transcripts verifying that he attained his Bachelor of Arts in 1999.
4. In the processing of this case an advisory opinion was obtained from the Office of Promotion, Reserve Components, U.S. Army Human Resources Command (HRC), St. Louis, Missouri, dated 10 August 2006, indicating that the applicant was considered on the 2006 Position Vacancy Board which convened on 28 March 2006. The applicant reviewed his file on line on 27 March 2006. He indicates that he sent an electronic mail (e-mail) to the board concerning his missing documents. He should have sent the missing documents with his e-mail at that time. Since a PVB is not a mandatory selection board, there is no reconsideration process. The applicant will be considered by the 2006 CPT Department of the Army (DA) Reserve Components Selection Board (RCSB) in November 2006.
5. On 15 March 2007, the Office of Promotion, Reserve Components, HRC-St. Louis, confirmed the applicant had been selected for promotion to CPT by the 2006 CPT DA RCSB.
7. On 16 January 2007, the applicant was provided a copy of the advisory opinion for review and rebuttal. To date, he has not responded.
8. Army Regulation 135-155, prescribes the policies and procedures for the promotion of Reserve Component officers. The regulation specifies that officers in the grade of 1LT may be eligible for promotion consideration to CPT by a PVB upon completion of 2 years minimum time in grade. Promotion to fill authorized troop program unit (TPU) position vacancies may be filled through promotion of the best-qualified and geographically available officer to the grades of CPT through colonel. All TPU officers in the next lower grade must have met the minimum time in grade for promotion to the next higher grade and be geographically (non-mobilized) available to serve in the position for which considered. The existence of a valid position will be determined by counting certain officers against the strength authorized. The area commander will ensure that the intent of the position vacancy fill procedures have been complied with before proceeding with PVB promotion consideration.
9. Army Regulation 135-155 also specifies that special selection boards (SSB) will convene and consider commissioned officers who were erroneously not considered and reconsider commissioned officers who were considered by not selected by mandatory promotion boards (both not applicable to this applicant). The regulation does not provide for promotion consideration by a SSB for erroneous consideration by a PVB or non-promotion to the next higher grade as a result of a PVB selection.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances of this case, the applicant is not entitled to an SSB.
2. As stated in the above advisory opinion, the applicant was considered by the 2006 PVB and non-selected. The reason for non-selection was not given. However, regulatory guidance or law does not provide for promotion consideration by a SSB based on the applicant's circumstances.
3. The applicant was selected for promotion to CPT by the 2006 CPT DA RCSB.
4. 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
__js____ __dkh___ __jgh___ 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.
John Slone
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060010097
SUFFIX
RECON
DATE BOARDED
20070419
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.
131.1100
2.
3.
4.
5.
6.
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