IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080001962 


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 she be promoted from lieutenant colonel (LTC) to colonel (COL).

2.  The applicant states that the S-3 in the rank of major (MAJ) possessed the work copies of her last three Officer Evaluation Reports (OER) despite her ongoing communication with her both by phone and in person.  She alleges that she became a victim of the S-3 MAJ’s dereliction of duty.  She could not submit these OERs as work copies.  She states that the typed copies [of her last three OERs] were given to her two months after the promotion board met.  

3.  The applicant provides the following documents in support of her application:

* Congressional Letter, dated 13 August 2007;

* Letter Addressed to the President, 2000 COL Army Medical Department 
(AMEDD) Selection Board, dated 25 May 2000;

* Three OERs for the periods ending 29 December 1997, 29 December 
1998, and 29 December 1999;

* Curriculum Vitae;

* Personal Biography;



* DD Form 4 (Enlistment Record - Armed Forces of the United States) with 
Special Orders Number 201, dated 16 October 1967;

* Appointment Letter, dated 10 October 1968 with Active Duty Orders, 
dated 26 November 1968;

* Special Orders Number 77, dated 14 April 1972;

* Promotion Letter to the Rank of Captain (CPT), dated 21 April 1972;

* Special Orders Number 27, dated 1 September 1972;

* Headquarters, 81st Regional Support Command, Birmingham, Alabama 
Orders 010-14L, dated 10 January 2001;

* Honorable Discharge Certificate, dated 30 December 1968;

* Certificate of Appreciation, dated 21 April 1972;

* Certificate of Recognition;

* Award Certificate for the Army Commendation Medal (ARCOM), dated 
18 January 1976;

* Two DA Forms 638 (Recommendation for Award) for Award of the 
ARCOM;

* Award Certificate for the ARCOM, dated 5 October 1996;

* Award Certificate for the Legion of Merit, dated 19 January 2001;

* Certificate of Commendation, dated 29 January 2001;

* DA Form 2-1 (Personnel Qualification Record - Part II);

* DA Form 2B (Personnel Qualification Record (Commissioned Officer));

* Retirement Program, the Women’s Memorial;

* Retirement Ceremony Remarks; and 


* Two Letters of Recognition and a Certificate.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  After having had prior enlisted service, the applicant was appointed as a Reserve second lieutenant on 31 December 1968 in the Army Nurse Corps with a concurrent call to active duty.  

3.  She was promoted to LTC on 29 December 1987.  

4.  The applicant was considered, but not selected for promotion to COL by the 1992, 1993, 1995, 1998, 1999, and 2000 Department of the Army (DA) Reserve Components Selection Board.  

5.  She received OERs for the periods ending 29 December 1997, 29 December 1998, and 29 December 1999.

6.  The applicant was considered, but not selected for promotion to COL by the 2001 DA Reserve Components Selection Board.  

7.  She was transferred to the Retired Reserve on 29 January 2001.  

8.  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 approved.  The opinion states that the applicant’s file, when considered by the 1998, 1999, and 2000 DA Reserve Components AMEDD Selection Boards, did not include all of her OERs.  Based on the omission of the OERs, she has a basis for DA Special Selection Board consideration.  If the applicant is granted 
special board consideration, the board can only consider the original board files documents and the omitted OERs with through dates prior to the convening dates of the 1998, 1999, and 2000 boards.  

9.  A copy of the advisory opinion was forwarded to the applicant for possible comment.  She concurred with the advisory opinion rendered in her case.  

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 selection boards will convene at the discretion of the Secretary Army (chapter 3).  They will consider Army National Guard United States (ARNGUS) and U.S. Army Reserve officers, in all competitive categories for promotion to COL.  Officers not selected for promotion to COL will continue to be considered by subsequent selection boards until either selected, or removed from the Reserve Active Status List.

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 31 December 1968.

2.  The applicant was considered, but not selected for promotion to COL by the 1992, 1993, 1995, 1998, 1999, 2000, and 2001 DA Reserve Components Selection Boards.

3.  The advisory opinion states the applicant’s OERs were omitted from the 1998, 1999, and 2000 DA Reserve Components Selection Boards for promotion to COL.  Therefore, it would be equitable to submit the applicant’s records to a duly constituted Special Selection Board for reconsideration for promotion to COL under the 1998, 1999, and 2000 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 her records to a duly constituted Special Selection Board for promotion consideration for COL under the 1998, 1999, and 2000 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 promotion from LTC to COL.



      _________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)                                         AR20080001962



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ABCMR Record of Proceedings (cont)                                         AR20080001962



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