IN THE CASE OF:	  

	BOARD DATE:	  10 June 2008

	DOCKET NUMBER:  AR20080001240 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his promotion date to major be backdated to 19 June 2002.

2.  The applicant states that he was not selected for promotion to captain because the board had no record of his completion of the Officer Basic Course (OBC).  He states he successfully completed the Military Police OBC at Fort McClellan, Alabama in January 1991.  He alleges that he was never notified by the board that this information was missing or that his packet was incomplete. He sent certified copies of the required documentation to the board.  He was to be considered by the Army Standby Advisory Board but it was postponed due to the new promotion guidelines set forth in the Reserve Officer Personnel Management Act (ROPMA), effective October 1996.  As a result, his promotion was delayed two years from the original board date.  

3.  The applicant provides a copy of his memorandum for non-selection for promotion to captain, dated 1 March 1996; his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 September 1990; his DA Form 1059 (Service School Academic Evaluation Report) for the period ending 17 January 1991; his memorandum for promotion to first lieutenant, dated 7 October 1992; his memorandum for promotion to captain, dated 2 November 1998; and his memorandum for promotion to major, dated 1 July 2004.


CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 23 July 1989.  

2.  The applicant’s DA Form 1059 shows he successfully completed the Military Police OBC on 17 January 1991.

3.  He was promoted to first lieutenant with an effective date of 22 July 1992.

4.  The applicant was considered, but not selected for promotion to captain by the 1995 Department of the Army (DA) Reserve Components Selection Board.  His memorandum, dated 1 March 1996, for non-selection for promotion to captain indicated that his record did not reveal he had completed the military education requirement.  

5.  The applicant was promoted to captain with an effective date of 12 June 1998.

6.  The applicant was promoted to major with an effective date of 2 June 2004.  

7.  In the processing of this case, a staff advisory opinion was obtained from the Department of the Army, U.S. Army Human Resources Command, St. Louis, Missouri (HRC-STL).  This office recommended that the applicant’s request be disapproved.  The opinion states the applicant’s military education was omitted from his board consideration file when he was considered for promotion to captain by the 14 November 1995, DA Reserve Components Selection Board.  Based on the omission, the applicant was eligible for consideration by a DA Promotion Advisory Board under the 1996 criteria that convened on 14 November 1995.  The opinion pointed out that if the applicant was selected he would be promoted to captain with a date of rank of 21 July 1996, based on the seven years time in grade requirement.  If all the requirements were not met on his promotion eligibility date, he would be promoted with the appropriate date of rank.  In addition, if the applicant was not promoted by an advisory board, his date of rank for captain would remain 12 June 1998.

8.  The advisory opinion also stated that the applicant’s eligibility for an earlier date of rank to major would be based on the results of the advisory board for captain.  If selected and promoted with a date of rank prior to 1 July 1997, the applicant would be eligible for promotion consideration to major by a DA Special Selection Board under the 2003 criteria.  If selected, the earliest date of rank would be 17 July 2003, the approval date of the 2003 Major board.  Further, the opinion stated that, if the applicant was not selected for promotion by the advisory/special selection board, he would not be eligible for an earlier date of rank to major.  

9.  A copy of the advisory opinion was forwarded to the applicant for possible rebuttal.  However, he did not respond within the allotted time frame.  

10.  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.  The regulation provides that mandatory selection boards will be convened each year to consider Army Reserve officers in an active status for promotion to captain through lieutenant colonel.

11.  Army Regulation 135-155 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 23 July 1989 and he completed the Military Police OBC on 17 January 1991.

2.  The applicant was considered, but not selected for promotion to captain by the 1995 DA Reserve Components Selection Board that convened on 12 November 1995 in part at least because his records failed to show he completed the required military education (i.e. OBC).

3.  The applicant was considered and selected for promotion to captain by the 1996 DA Reserve Components Selection Board with an effective date of 12 June 1998.

4.  The advisory opinion states the applicant’s military education was omitted from the 1995 DA Reserve Components Selection Boards for promotion to captain.  Therefore, it would be equitable to submit the applicant’s records to a duly constituted advisory board for reconsideration for promotion to captain under the 1996 criteria.  

5.  If the applicant is selected for promotion to captain, his records should be further corrected by promoting him to captain and assigning the appropriate date of rank and by submitting his records to a duly constituted Special Selection Board for reconsideration for promotion to major under the 2003 criteria.  
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

xx______  xx______  xx______  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 corrected by submitting his records to a duly constituted promotion advisory board for promotion consideration for captain under the 1996 criteria. 

2.  That if selected, his records be further corrected by showing he was promoted to captain on his date of eligibility, as determined by appropriate Departmental officials, using the 1996 criteria.

3.  That if selected and promoted to captain under the 1996 criteria, his records be further submitted to duly constituted Special Selection Board for promotion consideration to major under the 2003 criteria.  

4.  That if he is not selected for promotion, he be notified accordingly.  

5.  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 backdating the applicant’s promotion date to major to 19 June 2002.  




      xxxxxxx_____   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080001240





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ABCMR Record of Proceedings (cont)                                         AR20080001240



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