RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20070016831 


	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 promotion date to the rank of colonel (COL) be changed.  

2.  The applicant states that she was not promoted to COL, O-6 during the 17 May 2004 Promotion Board.  She states that she notified Ms. L_____ D_____ on 12 May 2004 that critical records were missing from her file.  Ms. D_____ confirmed that the records had been received by fax on 11 May 2004 and would be placed with her promotion packet, but this did not happen.  She also states that the Chief, Office of Promotions documented in writing that her record contained a material error when it was originally seen by the mandatory board but her request for promotion reconsideration was still denied.  

3.  The applicant provides a copy of a fax header sheet, dated 11 May 2004; a memorandum, Subject Notification of Promotion Status, dated 13 January 2005; her letter to the President of the 2005 Lieutenant Colonel (LTC)/COL AMEDD [Army Medical Department] Selection Board, dated 5 March 2005; and a letter from the Chief, Office of Promotions, Reserve Components, dated 4 January 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the U.S. Army Reserve in the rank of COL.

2.  The applicant was appointed as a commissioned officer in the U.S. Army Reserve on 29 September 1982 in the rank of first lieutenant.  She was promoted to captain on 28 September 1986 and promoted to major on 27 September 1993.

3.  She was promoted to LTC on 26 September 2000.

4.  The applicant provided a copy of a fax header sheet which indicates she faxed documents for review by the 2004 COL AMEDD Selection Board on 11 May 2004 to the attention of Ms. L______ D____.  

5.  In a 13 January 2005 memorandum, the applicant was notified that she was considered for promotion to COL by a Department of the Army (DA) Reserve Components Selection Board which convened on 17 May 2004.  The memorandum indicated she was not selected for promotion by the board.  


6.  On 5 March 2005, the applicant submitted a written request for reconsideration of her non-selection for promotion to COL by the DA Reserve Component Selection Board of 17 May 2004.  She indicated that when she reviewed her electronic record for this board, her education documents were missing even though they were on PERMS [Permanent Electronic Records Management System].  She notified the Board Secretary who reassured her that the documents would be moved to her board record; however, they were not.  She reviewed her record again and attached the documents that were missing from her Board Consideration File.  She found an additional error when she reviewed her record.  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.  The Board Secretary advised her that this would not affect her consideration for promotion.  

7.  The applicant was promoted to COL with an effective date and date of rank of 28 October 2005.

8.  On 4 January 2006, the Chief, Office of Promotions, Reserve Components notified the applicant that her request for promotion reconsideration was denied in accordance with Army Regulation 135-155, paragraph 3-19f(2).  The letter states that a special review team carefully considered her request and reviewed her record.  The team determined that her record did contain a material error when originally seen by the mandatory board.  It was stated that the applicant viewed her file on 12 May 2004 and the board convened on 17 May 2004 which gave her ample time to bring this matter to the attention of the board.  

9.  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.  The applicant responded by email on 7 April 2008 and indicated that she did not receive a printed confirmation of the fax.  In the email, the applicant stated that she sent the fax on 11 May 2004 and she asked Ms. D____ to call or email her to confirm that she had received the information but she did not.  The applicant further stated that she reviewed her file again on 13 May or 14 May and she still did not see the information.  Ms. D___ assured her that the information would be in her packet for review by the Promotion Board.  

10.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion advisory boards/special selection boards will be convened on an “as needed” basis to reconsider officers who were either improperly omitted from consideration due to administrative error, or who were non-selected for mandatory promotion as a result of material error.  

11.  Paragraph 3-19 of Army Regulation 135-155 covers promotion reconsideration boards.  Subparagraph 3-19e(3) states that the Commander, HRC (Reserve Component) may find that a “material error” caused the 
non-selection of an officer by a promotion board.  

12.  Army Regulation 135-155, subparagraph 3-19f(2) states that an administrative error was immaterial, or, the officer in exercising reasonable diligence, could have discovered and corrected the error or omission in the Official Military Personnel File.  Also, the officer could have taken timely corrective action such as notifying the Office of Promotions (Reserve Component (RC)) of the error and providing any relevant documentation that they had.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a Reserve commissioned officer in the rank of first lieutenant on 29 September 1982.  

2.  The applicant was considered for promotion to COL by the 2004 COL AMEDD Selection Board which convened on 17 May 2004 but she was not selected for promotion.  

3.  The evidence of record shows the applicant requested reconsideration of her non-selection for promotion to COL.  However, her request was denied.  It appears that a special review team had determined that the applicant’s record did contain a material error when seen by the mandatory board in May 2004 but that the matter had not been brought to the attention of the board in a timely manner.   

4.  However, the applicant has provided a copy of a fax header sheet, dated 11 May 2004, which indicates she faxed documents to the 2004 COL AMEDD Selection Board six days prior to the convening date of the promotion board.  These documents and her personal statements are accepted as sufficient evidence to show she made a good faith effort to correct her records prior to the convening of the promotion board.  Any reasonable doubt concerning this issue should be resolved in her favor.

5.  As a matter of equity, the applicant should be reconsidered for promotion to COL by a Special Selection Board (SSB) under the 2004 criteria.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x______ x______ x______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be submitted to a duly constituted SSB for promotion reconsideration to COL under 2004 criteria.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing her date of rank for promotion to COL.  




                      x________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070016831


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508