RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060013384 


	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

Mr. Paul Wright

Analyst


The following members, a quorum, were present:


Mr. Curtis Greenway

Chairperson

Mr. Michael J. Flynn

Member

Mr. Edward E. Montgomery

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 mandatory discharge date either be cancelled or extended by 18 months so he may attend the Signal Captains Career Course (SCCC) and re-compete for promotion.

2.  The applicant states he is due to be discharged as a second time non-select for promotion to Major no later than 1 January 2007.  As a member of the Individual Ready Reserve (IRR) (Control Group Reinforcement), he was not aware that he needed to continue military education or face discharge from active status; therefore he focused on completing a civilian Master's Degree and professional certifications in lieu of military education.  Once he was informed that he was eligible to attend the SCCC, he immediately enrolled in Phase 1 (Correspondence) and requested orders for the October 2006 Phase 2 (Resident) portion.  His discharge notice came after he took this action.

3.  The applicant provides a written statement with an action plan and copy of a Memorandum, dated 30 June 2006, notifying him of his second non-selection for promotion to Major.  He indicates he is providing a copy of an E-mail from the Regional Support Team, but it is not attached.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the U.S. Army Reserve (USAR), Unassigned, as a Second Lieutenant effective 17 July 1994.  He accepted his Oath of Office as a Signal Corps Regular Army (RA) Second Lieutenant on 15 June 1995.

2.  The applicant's promotion/appointment orders to First Lieutenant and Captain are missing from his military records.

3.  The applicant entered on active duty as a Second Lieutenant on 6 January 1995.  He was subsequently honorably released from active duty on 21 January 1999 and transferred to the U.S. Army Reserve Control Group (Reinforcement) in the grade of First Lieutenant.

4.  He was considered and not selected for promotion to Major by the 2005 and 2006 Reserve Components Selection Boards (RCSB).  The reasons for his non-selections are unknown because statutory requirements prevent disclosure of board proceedings to anyone not a member of the board.

5.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that an officer who has been recommended for promotion to the next higher grade must be in the zone of consideration before being promoted in the Reserve Components.  Promotion from Captain to Major required completion of 7 years in the lower grade and completion of any officer advanced course.  

6.  Army Regulation 135-155 also specifies that the Secretary of the Army (SA) or his or her designee will establish the zone of consideration for each mandatory promotion board for commissioned officers.  If an officer is determined to be ineligible for consideration by not being in the zone of consideration, the Office of Promotions, Reserve Components, AHRC will verify the officer's ineligibility, explain the basis for the officer's ineligibility to the SA, and advise the SA to request that the President approve removal or administrative deletion of the office's name for the promotion board report or promotion list.  Officers erroneously considered and selected for promotion and deleted from the recommended list will not be considered to have failed selection for promotion.  

7.  Army Regulation 135-155 further specifies that promotion reconsideration by a Special Selection Board (SSB) may only be based on erroneous non-consideration or material error, which existed in the records at the time of consideration.  Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual’s non-selection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.  The regulation also provides that 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 education.

8.  The regulation also specifies that Officers who twice fail to be selected for promotion to the grade of Major will not be considered again for promotion, and will be discharged, or transferred to the Retired Reserve if they are eligible and request such transfer.  The applicant was discharged on 1 January 2007.

9.  Department of the Army Pamphlet 600-3 (Commissioned Officer Professional Development and Career Management) is intended as a professional development guide for individual officers.  It includes chapters relating to officer education, general promotion policies, and officer evaluations.  In pertinent part, it states that officers in many respects are ultimately their own career managers.  

The key is to be involved in career development by making informed, logical decisions and acting on them.  One important element of an officer's involvement is the accurate reflection of capabilities in the Official Military Personnel File (OMPF).  The OMPF and the Career Management Individual File (CMIF) contain the date from which important career development decisions are made for selection, advancement, assignment, and retention.  Officers should review, update and maintain these records throughout their careers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is requesting his mandatory discharge be cancelled or extended by 18 months in order for him to attend the Signal Captains Career Course.  Since he has already been separated, the Board will determine whether his separation should be revoked.

2.  The applicant's contention that he was unaware he needed to complete military education or face discharge has been noted, but is not persuasive.  It would appear he did not take an active role in the management of his own career as defined in DA Pamphlet 600-3.  Otherwise, he would have known the military education requirements of AR 135-155 needed for selection to the grade of Major and would have insured his OMPF and CMIF contained any other pertinent documentation and/or information needed to receive favorable consideration for promotion.  

3.  The applicant should have taken decisive action to insure he was fully in compliance with the requirements for promotion to Major when he was notified of his first non-selection on 28 June 2005.  By his own admission, he did not start to take action until January 2006.

4.  While the applicant is to be commended for now taking action to complete his military education, such action was too little and too late to be considered by the 2006 RCSB.  He, unfortunately, was non-selected a second time which required that he be discharged.  There was no error or injustice in this instance and he was correctly discharged.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__cg____  __mjf___  __eem___  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.




							Curtis Greenway
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060013384
SUFFIX

RECON

DATE BOARDED
20070412
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
131.1000
2.

3.

4.

5.

6.