IN THE CASE OF:
BOARD DATE: 12 May 2009
DOCKET NUMBER: AR20090003748
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, in effect, consideration for promotion to lieutenant colonel by a Special Selection Board (SSB).
2. The applicant states that the Evaluations Systems Office at the Human Resources Command (HRC) failed to include his latest DA Form 67-9 (Officer Evaluation Report (OER)) which is favorable for selection for a below the zone promotion. He indicates that he submitted a request to the HRC Office of the Inspector General for an SSB as an exception to policy. His request was denied even though there was no fault on his part and the system did not provide a complete board file to be fairly reviewed for his benefit. He claims that he is fully qualified to be promoted to lieutenant colonel via a below the zone promotion board and that he has taken all of the necessary actions in his career to be a competitive candidate for a below the zone selection, but the Board did not review his file fairly due to the unjust treatment of the Evaluations Systems Office to input his most recent evaluation into the system as stated would be done.
3. The applicant provides a memorandum, dated 17 January 2009; an OER for the period 18 May 2007 to 17 May 2008; and electronic mail (email) messages in support of his application.
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the U.S. Army Reserve (USAR), the applicant was appointed a second lieutenant in the USAR on 20 May 1990. He was promoted to first lieutenant on 30 May 1993, promoted to captain on 25 June 1998, and promoted to major on 29 May 2003.
2. In support of his claim, the applicant provided an annual OER for the period 18 May 2007 to 17 May 2008. This OER was signed by the applicant and the rating officials in July 2008. He was rated "Best Qualified" in Part VIIa (Evaluate the Rated Officer's Promotion Potential to the Next Higher Grade) and "Above Center of Mass" in Part VIIb (Potential Compared with Officers Senior Rated in Same Grade) by his senior rater.
3. On 17 January 2009, the applicant submitted a request to the HRC Office of the Inspector General for an SSB as an exception to policy. In this request the applicant stated, in pertinent part, that officials at the HRC Promotions Office informed him that his records were reviewed by the 2009 Lieutenant Colonel Army Promotion List Board on 24 September 2008 and that he was not selected for promotion. He was told that his promotion packet was incomplete when it was received and that it was missing his latest OER for the period 18 May 2007 to 17 May 2008.
4. In support of his claim, the applicant provides email messages wherein the Chief, Evaluations Systems Office, HRC, acknowledges his request to have the OER included in the promotion board file, acknowledges receipt of the OER, and states that the OER will be included in the file prior to the promotion board convening.
5. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officer Other than General Officers) prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that promotion reconsideration by an SSB may only be based on erroneous non-consideration or material error which existed in the record at the time of consideration.
6. Paragraph 2-10d(6) of Army Regulation 135-155 states that SSBs will not consider officers for below the zone promotion.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is fully qualified to be promoted to lieutenant colonel via a below the zone promotion board was noted.
2. The governing regulation states that SSBs will not consider officers for below the zone promotion. There are no regulatory provisions for exceptions to policy.
3. The applicant's contention that his OER was erroneously not processed by the Evaluations Systems Office, HRC in a timely manner appears to be borne out by the emails he provided. Nevertheless, the applicant fails to provide a compelling reason why he should be granted an SSB as an exception to policy when other officers in secondary zones of consideration in similar circumstances (e.g., an OER or an award not timely processed) are not granted similar consideration
4. Regrettably, there is an insufficient basis for granting the applicant's request.
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) AR20090003748
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ABCMR Record of Proceedings (cont) AR20090003748
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