IN THE CASE OF:
BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090009502
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 military records to add a missing memorandum from the Army Reserve Personnel Command (ARPERSCOM), dated 25 November 2003; and to be considered for promotion to lieutenant colonel, pay grade O-5 by a special selection board under the 2007 and 2008 promotion criteria.
2. The applicant states that a memorandum dated in November 2003 and a copy of a DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)) did not accompany his promotion packet that was forwarded to the Department of the Army Reserve Components Lieutenant Colonel Selection Boards for 2007 and 2008. This resulted in non-selection for promotion twice.
3. The applicant provides, in support of his application, copies of the ARPERSCOM Memorandum, dated 25 November 2003; DA Form 268, dated
25 November 2003; and a Memorandum, 12th Legal Support Organization, dated 9 August 2003.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a mobilized U.S. Army Reserve major, pay grade O-4.
2. In the processing of this case, an advisory opinion was obtained from the Chief, Department of the Army Promotions, Special Actions Branch, United States Army Human Resources Command, St. Louis, Missouri. The opinion stated that the applicant was considered but non-selected for promotion by the 2007 and 2008 Department of the Army Reserve Components Lieutenant Colonel Selection Boards. Board deliberations are not a matter of record; therefore the reasons for the applicant's non-selection are unknown. The ARPERSCOM memorandum and the DA Form 268, both dated 25 November 2003, were viewed by the 2007 promotion board. However, a copy of the applicant's Officer Evaluation Report (OER) ending on 1 June 2007 was not viewed by this promotion board.
3. Further, the opinion states that based on the OER, the applicant has a basis for promotion consideration by a Department of the Army Special Selection Board under the 2007 criteria. The 2008 promotion board viewed the applicant's pertinent documents, to include the previously missing OER, in accordance with Army Regulation 135-155. However, there is no indication that the applicant submitted a letter or the items mentioned in this application to the 2008 promotion board. The fact that these documents were not viewed by the 2008 promotion board is not a basis for special board consideration. The opinion recommended that the applicant be granted special board consideration under the 2007 criteria and that he be denied such under the 2008 promotion criteria.
4. On 2 July 2009, a copy of the advisory opinion was sent to the applicant for his information and opportunity to rebut. No response was received within the timeframe allowed.
5. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) provides, in pertinent part, that officers and warrant officers who have either failed selection for promotion, or who were erroneously not considered for promotion through administrative error, may be reconsidered for promotion by either a promotion advisory board or a special selection board, as appropriate. One or more evaluation reports that should have been seen by a board (based on the announced cut-off date) but were missing from an officers OMPF justifies promotion reconsideration.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be considered for promotion to lieutenant colonel by a special selection board under 2007 and 2008 promotion criteria.
2. The available evidence shows that the applicant's file was not complete when considered by the 2007 Department of the Army Reserve Components Lieutenant Colonel Selection Board. However, his file was complete when viewed by the 2008 promotion selection board.
3. In view of the above, the applicant's records should be considered by a special selection board for promotion to lieutenant colonel under the 2007 promotion criteria.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ___x_____ ___x_____ 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:
a. submitting his records to a duly constituted special selection board for promotion consideration for lieutenant colonel under the 2007 promotion criteria;
b. showing his records are further corrected, if selected for promotion to lieutenant colonel on his date of eligibility, as determined by appropriate Departmental officials, under the 2007 promotion criteria, provided he was otherwise qualified and met all other prerequisites for promotion; and
c. notifying him if he is not selected.
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 consideration by a special selection board under the 2008 promotion criteria.
_______ _ _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) AR20090009502
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