IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080011445
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 The applicant requests that his 11 September 2007 discharge be rescinded; that his 25 February 2008 enlistment be voided; and that he be promoted to captain with a date of rank of 20 April 2007. He also requests authorization to perform missed inactive duty training (IDT)/active duty for training since
11 September 2007.
2. The applicant states, in effect, that he was nonselected by the Fiscal Year (FY) 2006 Captain Reserve Component (RC)/Active Promotion List (APL). However, he had a pending action with the Army Board for Correction of Military Records (ABCMR) which was favorably considered, but he was discharged prior to the results being published. He contends that he enlisted prior to receiving the results of his ABCMR application and that had he received the results one day earlier he would not have enlisted.
3. The applicant states that the ABCMR indicated that if he were selected for promotion the date of rank would be based on his date of eligibility. He points out that 20 April 2007 is the date his Bachelor of Science degree was conferred and that he was eligible for promotion in all other aspects. He indicates that he was favorably considered for promotion by the FY 2007 Captain RC/APL promotion board, that he was ineligible to perform IDT/annual training following his discharge, and that he missed several training opportunities through no fault of his own.
4. The applicant provides two memoranda; his college transcript; a diploma; a nonselect letter, dated 20 August 2007; the ABCMR Proceedings; annual training
orders, dated 28 August 2007; discharge orders, dated 10 September 2007; an email, dated 30 October 2007; the FY 2007 Captain, RC/APL, Selection Board Results; and his enlistment contract, dated 25 February 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed a second lieutenant in the U.S. Army Reserve (USAR) on 9 September 1998. He was promoted to first lieutenant on
8 September 2000.
2. A memorandum, dated 1 March 2005, shows the applicant was considered by a Department of the Army Reserve Components Mandatory Selection Board but not selected for promotion to captain.
3. A memorandum, dated 2 February 2006, shows the applicant was considered by a Department of the Army Reserve Components Selection Board but not selected for promotion to captain.
4. On 11 September 2007, the applicant was honorably discharged from the USAR due to being twice nonselected for promotion.
5. The FY 2007 Captain RC/APL Selection Board convened during the period 6-15 November 2007. The applicant provided a copy of the board results, which show he was selected for promotion to captain.
6. On 14 February 2008, the ABCMR, in part, directed that the applicants records be submitted to a duly constituted Special Selection Board (SSB) as deemed appropriate for promotion consideration for captain under the 2006 criteria; and recommended that if selected, his records be further corrected by showing he was promoted to captain on his date of eligibility, as determined by appropriate Department officials, using the 2006 criteria, provided he was otherwise qualified and met all other prerequisites for promotion.
7. On 25 February 2008, the applicant enlisted in the USAR in the grade of E-6 for a period of 4 years.
8. The U. S. Army Human Resources Command, Office of Promotions, Reserve Components indicated that the applicants records would be considered by an SSB under the 2006 criteria at the end of September 2008. Approval and results would take 3 6 months.
9. Army Regulation 135-175 (Army National Guard and Army Reserve Separation of Officers) states, in pertinent part, that officers in the grade of first lieutenant who completed their statutory military obligation, will be discharged for failure to be selected for promotion after the second consideration by a Department of the Army Reserve Components Selection Board.
DISCUSSION AND CONCLUSIONS:
1. The applicant was twice non-selected for promotion to captain and was therefore discharged on 11 September 2007 in accordance with the governing regulations and the law.
2. It appears that the applicant was erroneously considered by the FY 2007 Captain RC/APL Selection Board, which convened after he was discharged (during the period 6-15 November 2007). Therefore, he is not eligible for promotion based upon this selection board.
3. In September 2008, the applicants records were considered by an SSB under the 2006 criteria as directed earlier by the ABCMR. The results of that SSB have not yet been released and will not be released until sometime in the December 2008/March 2009 time frame.
4. Until the results of the SSB are released, there is an insufficient basis for granting the applicants requests.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XX______ ____XX____ ____XX____ 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.
_______ XXXX_ _______ ___
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) AR20080011445
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ABCMR Record of Proceedings (cont) AR20080011445
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