RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 2008
DOCKET NUMBER: AR20070016380
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 her effective date of rank to Colonel (COL)/06 be adjusted.
2. The applicant states that her promotion packet was incomplete when it was submitted for the 2005 Department of the Army (DA) Reserve Components COL Selection Board. The applicant continues when she was preparing to submit it again in 2006, she realized that she did not attach all the required documents the year before. Her management officer contacted her to let her know, and she attached them as directed. She did not receive notification in 2005. The applicant stated it is her responsibility to prepare her own packet and was fortunate that her management officer contacted her in 2006. The applicant states the packet that was submitted in 2006 in which she was selected for promotion was the same packet that was available in 2005 except for her last Officer Evaluation Report (OER). She believes she would have been selected in 2005 had she submitted the attached packet.
3. The applicant provides a DA Form 4037-E (Officer Record Brief), prepared on 6 April 2006; a DA Form 1059 (Service School Academic Evaluation Report), dated 10 January 2002; a DA Form 4213 (Supplemental Data for Army Medical Service Reserve Officers), dated 6 June 2006; two University of Pennsylvania Diplomas; 20 OERs; and a DA photo.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve Commissioned Officer of the Army on 30 October 1986 at the rank of First Lieutenant (1LT)/O2 in the Army Nurse Corps (ANC).
2. The applicant's records were considered for promotion to COL by the March 2005 ANC promotion board and she was non-selected for promotion.
3. On 23 September 2005, the applicant requested a Special Selection Board (SSB) to review her promotion packet based on her last OER that should have been included in her packet.
4. On 6 January 2006, the SSB considered the applicant under the 2005 criteria, but she was not selected by the SSB.
5. U.S. Army Human Resources Command Orders B-11-608376, dated
14 November 2006, show that the applicant was promoted to the rank of COL with the effective date and date of rank of 9 November 2006.
6. An advisory opinion was obtained from the Chief of Special Actions Branch of the Office of Reserve Components Promotion. The Chief of Special Actions Branch recommended disapproval of the applicant's request. The Chief of Special Actions Branch stated that the applicant requested SSB consideration based on the fact her OER was not viewed by the board. She was considered and non-selected by the SSB. The reason for her non-selections was unknown because board deliberations were not a matter of record.
7. The Chief of Special Actions Branch further stated that a review of both files revealed that the applicant's highest civilian education and military education were not viewed by the boards, that she reviewed her 2005 board file prior to the board, that she did not request an SSB based on the education in her 2005 request, and the education was not a requirement for promotion.
8. Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve officers. The regulation specifies that an officer is promoted after selection, if all qualifications are met. An officer selected by a mandatory promotion board will have a promotion effective date and date of rank no earlier than the date of approval of the mandatory board by which recommended.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her effective date of rank to COL should be adjusted based on the fact the promotion packet that was submitted in 2006 in which she was selected for promotion was the same packet that was available in 2005 except for her last OER.
2. Evidence of record shows that the applicant was considered for promotion to COL by the March 2005 promotion board and non-selected for promotion, and in January 2006 an SSB non-selected her for promotion. The specific reason for non-selection cannot be determined and therefore it cannot be determined that the only reason she was non-selected for promotion in 2005 was because of missing documents. It could just as well have been because the Army did not require as many ANC COLs in 2005 as in 2006, or it could have been for any number of other reasons.
3. 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
__XXX __ ___XXX _ __XXX __ 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.
___ XXX __
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070016380
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
ARMY | BCMR | CY2006 | AR20060012803C071029
In her rebuttal, the applicant states that the CGSOC is not a requirement for promotion to lieutenant colonel for Army nurses and that she only wanted to attend the CGSOC to make herself more competitive for promotion. There were four OERs in the applicant’s records at the time that she was considered for promotion in May 2003 which were not corrected until June 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2008 | 20080004089
The Board recommended that the applicant's records be submitted to a duly constituted SSB for promotion reconsideration to COL under the FY 2002/2003 criteria; and that, if selected for promotion, his records be corrected to show he was promoted to COL on his date of eligibility, as determined by appropriate Departmental officials, using the FY 2002/2003 criteria, provided he was otherwise qualified and met all other prerequisites for promotion. The question in this case is whether the...
ARMY | BCMR | CY2013 | 20130017269
The applicant requests removal of the Fiscal Year (FY) 2010 Colonel (COL) Army Promotion List (APL) non-select letter from her Army Military Human Resource Record (AMHRR), correction of the date of rank (DOR) and effective date of her promotion to the rank/grade of COL/O-6, correction of her mandatory retirement date (MRD) to 1 July 2017, and attendance at the Army War College in July 2014. g. The Army regulations provide that a special selection board (SSB) will not be convened to consider...
ARMY | BCMR | CY2007 | 20070016831
The applicant states that she was not promoted to COL, O-6 during the 17 May 2004 Promotion Board. Her record indicated she was not selected for promotion to LTC by the May 2000 Promotion Board when in fact she was selected for promotion to this rank in May 1999 and was promoted on 26 September 2000. In a 4 April 2008 email to the applicant, the Board analyst requested that she forward a fax confirmation to verify the date the 2004 COL AMEDD Selection Board received her documents for review.
ARMY | BCMR | CY2010 | 20100029760
The applicant requests promotion reconsideration to colonel by a special selection board (SSB) under the 2007 and 2009 year criteria. She was promoted to lieutenant colonel, effective 22 November 1998. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. ensuring that her OMPF is complete and accurate, including her officer evaluation reports for the periods ending 24 September 2006, 25 April 2007, and 25 April 2008; b....
ARMY | BCMR | CY2011 | 20110011529
The applicant requests an expedited correction of his records as follows: a. to show he was promoted to colonel (COL) by the Fiscal Year (FY) 2005 Judge Advocate General's Corps (JAGC) Promotion Selection Board (PSB) with an appropriate date of rank with entitlement to back pay and allowances; b. to remove the rater's narrative comments from his 2003 officer evaluation report (OER) and provide appropriate instructions to any PSB (including any appropriate special selection boards (SSBs); c....
ARMY | BCMR | CY2012 | 20120009418
The applicant provides: * Promotion consideration memorandum, dated 2 November 2004 * HRC Officer Promotion Memorandum, dated 19 April 2012 * Second Non-selection Memorandum, dated 12 April 1999 * Reassignment to the Retired Reserve orders, dated 21 May 1999 * Election of Option statement, dated 1 June 1999 * Extract of Army Regulation (AR) 600-8-104 (Military Personnel Information Management/ Records) * Extract of AR 135-155 (Promotion of Commissioned Officers and Warrant Officers Other...
ARMY | BCMR | CY2013 | 20130014503
The applicant requests: a. his date of rank (DOR) to lieutenant colonel (LTC) be adjusted from 13 April 2005 to 15 June 2008 to correspond with the U.S. Army Human Resources Command (HRC) adjusted Cohort Year Group 1993; b. his four Promotion Board pass-over's be zeroed out; c. the corrected record be considered by a Special Selection Board (SSB) related to Promotions, Command Senior Service College (SSC), and Professor of Military Science (PMS); and d. his name be deleted from the August...
ARMY | BCMR | CY2012 | 20120011928
She received her initial counseling by the G-3 who informed her that her rater was LTC U----. [The applicant] was assigned duties to support the G-3 section, but did not perform those duties. On 30 January 2009, a board of separation was convened and found: a. the applicant FOLO on 13 September 2006 to report for a command directed mental health referral; b. the applicant FOLO in November 2005 to attend conflict training; c. the applicant was AWOL from 1 March to 24 April 2007; d. the...
ARMY | BCMR | CY2013 | 20130005265
The applicant requests correction of his records to show he received a DA Form 67-9 (Officer Evaluation Report (OER)) for the period covering 14 April through 27 June 2011 or issuance of a letter explaining his situation [missing OER] be added to his promotion packet before a Special Selection Board (SSB). He provides: * Memorandum, Subject: Request for OER and SSB Board, dated 18 December 2012 * Memorandum, Subject: FY12 LTC AGR JA Promotion Selection Board, dated 13 December 2012 *...