IN THE CASE OF:
BOARD DATE: 23 December 2008
DOCKET NUMBER: AR20080013728
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 correction of his official military personnel file (OMPF) to add his Officer Evaluation Report (OER) (DA Form 67-9) for the period ending 15 December 2007 and to have his records submitted to a special selection board for promotion consideration.
2. The applicant states that he was due a change of rater OER prior to the fiscal year (FY) 2008 chief warrant officer three (CW3), four (CW4), and five (CW5) promotion selection board. His request for this OER was denied on three separate occasions causing the promotion board to review outdated information. He contends that this omission resulted in his non-selection for promotion to CW3.
3. The applicant provides a double-sided copy of his OER for the rating period ending 15 December 2007 that shows the front page of the subject OER on both sides.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty in the Regular Army as a chief warrant officer two (CW2) with the 3rd Battalion, 101st Aviation Regiment, Fort Campbell, Kentucky.
2. A review of the applicant's OMPF shows that his OER for the rating period ending 15 December 2007 has been filed in the Performance Section. Consequently, there is no need to submit this document for filing. This issue will not be further discussed.
3. On 16 March 2003, the applicant was promoted to the rank of CW2 in military occupational specialty 15H (Attack Helicopter Pilot).
4. On 19 June 2007, the applicant received a change of rater OER for the period from 16 December 2006 through 1 June 2007.
5. On 19 June 2008, the applicant received a change of rater OER for the period from 2 June 2007 through 15 December 2007. This report was signed by the rater on 17 June 2008 and by the intermediate rater, senior rater, and the applicant on 19 June 2008.
6. Military Personnel (MILPER) Message Number 07-260, issued on 4 October 2007, announced the zones of consideration for the FY 2008 CW3, CW4, and CW5 promotion selection boards. It provided the following information:
a. The selection boards would convene on 29 January 2008 to consider eligible chief warrant officers on active duty for promotion to CW3, CW4, and CW5.
b. The zones of consideration for promotion of aviator CW2s to CW3 were 30 September 2003 and earlier for above the zone; 1 October 2003 through 30 September 2004 for in zone promotions, and none for below the zone.
c. All mandatory or optional OERs had to be received by the Human Resources Command no later than 19 January 2008.
d. Warrant officers who had received an OER with a through date of 30 January 2007 or later were not eligible for a code 11 (promotion OER).
e. Complete the record OERs (optional) required a through date of 20 October 2007.
7. Army Regulation 623-3 (Evaluation Reporting System) provides at paragraph 1-4b(15) that all completed OERs will arrive at Headquarters, Department of the Army (HQDA), not later than 90 calendar days after the through date of the report for active duty evaluations.
DISCUSSION AND CONCLUSIONS:
1. The applicant received a change of rater OER with an ending date of 15 December 2007. Regulatory guidance required for this report to be received at HQDA no later than 15 March 2008 (90 days). There is no available explanation for the late processing of this OER. However, even if the OER had been processed within the established guidelines, it would not have arrived at HQDA by 19 January 2008, the latest date permitted for OERs to be considered by the promotion board.
2. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ 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.
__________X_______________
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) AR20080013728
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