BOARD DATE:	  27 May 2010

		DOCKET NUMBER:  AR20090016132 


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 promotion to major (MAJ).  

2.  The applicant states the following:

* Due to National Guard reorganization he was forced to become Branch qualified in Infantry, Artillery, and Military Police (MP) areas of responsibility
* He was kept from his career course of study that would have helped him qualify for MAJ
* He enlisted as a private and worked his way up to E-6
* He was selected for Officer Candidate School and graduated as a second lieutenant

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

* Self-authored statement
* Resume
* Three DA Forms 67-6 (U.S. Army Officer Efficiency Report)
* Certificate for Retirement
* Two Course Completion Certificates
* Diploma from the U.S. Army Military Police School
* Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter)
* Chronological Statement of Retirement Points
* Identification Card
* Certificate of Retirement
* Two Manager’s “On-the-Spot” Awards
* Form 12337 (Retention Standard:  Fair and Equitable Treatment for 
   Taxpayers
* Form 5141 (Release/Recall)
* Job Interaction

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.  The applicant completed prior enlisted service in the Missouri Army National Guard and the highest rank/grade he attained was staff sergeant/pay grade E-6.  

3.  On 6 June 1958, the applicant completed the Army Pre-Commission Extension Course at the U.S. Army Infantry School.  

4.  On 16 September 1962, the applicant was appointed a Reserve second lieutenant in the Infantry Branch.

5.  The applicant branch transferred to Artillery in April 1963 and he was promoted to first lieutenant on 2 October 1965 in the Artillery Branch.  

6.  On 14 March 1967, the applicant completed the Artillery Officer Basic Extension Course, which satisfied the military education eligibility requirement for promotion to captain (CPT).  

7.  The applicant branch transferred to the MP Corps in April 1969 and he completed the MP Officer Basic Correspondence Course on 2 December 1969.



8.  He served in the Inactive National Guard from 21 July 1969 to 21 December 1969 and he was transferred to the U.S. Army Reserve (USAR) on the following day.  

9.  The applicant resigned from the Army National Guard on 8 September 1970 due to an employment conflict and he was transferred to the Individual Ready Reserve.

10.  The applicant was promoted to CPT on 17 September 1970.

11.  On 1 May 1973, the applicant was assigned to the USAR Control Group (Reinforcement) by reason of reduction in force due to being over strength.  

12.  He was considered for promotion to MAJ in 1975, but he was not selected.  His service record contains a Promotion Consideration Data Sheet for the April 1975 MAJ promotion board that indicated the applicant did not meet the minimum military education requirement for promotion to MAJ.  The highest level of military education completed was the MP Officer Basic Course.

13.  He was considered for promotion to MAJ again in 1976 and was again not selected for promotion.  His service record contains a Promotion Consideration Data Sheet for the April 1976 MAJ promotion board which indicated he did not meet the minimum military education requirement for promotion to MAJ.  

14.  The evidence of record does not indicate the applicant completed any advanced courses to meet the military education requirement for promotion to MAJ.  He was issued his 20-Year Letter on 2 September 1998.  

15.  The applicant was placed on the retired list on 27 December 1994 in the rank of CPT.  

16.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, Department of the Army Promotions, U.S. Army Human Resources Command, St. Louis, MO (HRC-St. Louis) that indicates the following:

   a.  A review of board books revealed no evidence of the applicant being considered for promotion to MAJ.

   b.  Based on the applicant’s date of rank, he was eligible for consideration, but he furnished no proof he completed the required military education (Officer Advanced Course).
   
   c.  The recommendation is that the applicant's request be denied due to untimeliness of submission.
   
17.  A copy of the advisory opinion was forwarded to the applicant to allow him to provide comments; however, he did not respond within the allotted timeframe.  

18.  Table 2-2 of Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states CPTs must complete the officer advanced course to be eligible for promotion to MAJ.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was forced to become Branch qualified in Infantry, Artillery, and MP due to National Guard reorganization.  

2.  The available evidence does not support the applicant’s contention that he was kept from his career course of study between the time he was branch transferred to MP Branch in 1969 and the time he was first considered for promotion to MAJ in 1975 or thereafter.  

3.  The applicant was placed on the retired list, on 27 December 1994, in the rank of CPT.

4.  The applicant’s service record does not indicate he completed any advanced course to meet the military education requirement for promotion to MAJ.  

5.  Therefore, there is no 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)                                         AR20090016132



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090016132



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1