BOARD DATE: 4 May 2010
DOCKET NUMBER: AR20090016622
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 he be considered for captain (CPT) by a special selection board (SSB).
2. The applicant states, in effect, that he was promoted to the rank of first lieutenant (1LT)/O-2 while on active duty. He transferred to the U.S. Army Reserve (USAR) on 13 August 2004. While in the USAR, his records were never considered for promotion to CPT.
3. The applicant provides XVIII Airborne Corps and Fort Bragg Orders 189-0368, dated 7 July 2004; a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 August 2004, and National Guard Bureau (NGB) Federal Recognition Orders Number 8 AR, dated 9 January 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant had prior enlisted service in the Iowa Army National Guard (IAARNG). On 12 May 2001, the applicant was appointed as a Reserve Commissioned Officer of the Army in the rank of second lieutenant (2LT)/O-1.
2. The applicant entered active duty on 14 August 2001 and was promoted to the rank of 1LT on 14 February 2003.
3. On 13 August 2004, the applicant was honorably released from active duty and transferred to the USAR.
4. There is no evidence in the applicant's records that shows he was considered for promotion by the Department of the Army (DA) Reserve Component Captain Promotion Selection Board.
5. NGB Federal Recognition Orders Number 8 AR, dated 9 January 2009 show he was appointed as a 1LT in the IAARNG effective 23 October 2008.
6. In the processing of this case, a memorandum was obtained from the Chief, Special Actions Branch U.S. Army Human Resources Command, St. Louis, dated 24 February 2010. The Chief, Special Actions Branch, recommended that the applicant be considered by an SSB under the 2006 through 2009 CPT criteria. The official stated that based on the applicant's date of rank (DOR) of
14 February 2003, he was in the zone for promotion consideration by the 2006 through 2009 DA Reserve Components CPT Selection Boards. His file was inadvertently omitted from the boards; therefore, it is recommended that he be granted promotion consideration by DA SSB's under the 2006 through 2009 criteria. The applicant concurred with the advisory opinion.
7. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) states, in pertinent part, that an SSB will convene to correct/prevent an injustice to an officer or former officer who was eligible for promotion but whose records through error, were not submitted or omitted to a mandatory promotion selection board for consideration.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was eligible for promotion consideration but his records were inadvertently omitted from consideration by the 2006 through 2009 DA Reserve Components CPT Selection Boards through no fault of the applicant.
2. Therefore, based on the foregoing, it would be in the interest of justice to grant the applicant promotion consideration to CPT by sending his records to an SSB for consideration under the 2006 through 2009 CPT criteria.
BOARD VOTE:
___x_____ ___x_____ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 the next available SSB for consideration for promotion to CPT under the 2006 or later, if necessary, criteria;
b. if he is selected for promotion by the SSB, his records should be corrected by establishing his CPT promotion effective date and date of rank as if he had been originally selected under the earlier criteria identified by the SSB and providing him all back pay and allowances due as a result; and
c. if he is not selected for promotion by the SSB, he should be so notified by U.S. Army Human Resources Command, St. Louis promotion officials.
_______ _ __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.
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