IN THE CASE OF:
BOARD DATE: 3 August 2010
DOCKET NUMBER: AR20100000201
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 reconsideration for promotion to lieutenant colonel/pay grade O-5.
2. The applicant states the Reserve Components Army Medical Department (AMEDD) Selection Board did not have access to the documents showing he had completed the Command and General Staff College (CGSC) intermediate level education (ILE).
3. The applicant provides copies of a 17 April 2009 letter verifying 50-percent completion of ILE; his unsigned 23 April 2009 letter certifying his on-line board file is accurate; a 22 June 2009 certificate of ILE Phase II; his 17 July 2009 ILE/CGSC diploma; a 13 November 2009 letter from the Chief, Special Actions Branch, DA Promotions, U.S. Army Human Resources Command (HRC), St. Louis; and his most recent promotion board file.
CONSIDERATION OF EVIDENCE:
1. The applicant, a U.S. Army Reserve Army Nurse (AN) Corps major, certified in a 29 April 2000 memorandum that his promotion board file was correct and up to date. He noted that he had submitted documentation showing completion of more than 50 percent of the ILE.
2. He was nonselected for promotion to lieutenant colonel/O-5 by the 2009 AMEDD selection board. In an 11 August 2009 memorandum he requested consideration by a special selection board (SSB) and cited his completion of ILE Phase II certificate and CGSC diploma.
3. He was transferred to the Retired Reserve on 1 September 2009.
4. The Chief, Special Actions Branch, DA Promotions, HRC-St. Louis, informed him in a 13 November 2009 letter that the reason for his nonselection was unknown because disclosure of Board proceedings was precluded by statute. However, he noted that failure to meet the education requirement was not the reason, because evidence of the applicant's progress in ILE was available and because AN branch officers were presumed to be educationally qualified. He was advised that reconsideration by an SSB would require Army Board for Correction of Military Records action.
5. During the processing of this case an advisory opinion was obtained from the Chief, Special Actions Branch, DA Promotions, HRC-St. Louis, who again noted that AN branch officers were presumed to be educationally qualified and that education was not a factor in his nonselection. There was no indication of a material error and no basis for reconsideration.
6. The advisory opinion was provided to the applicant for rebuttal or comment. He continued to try to make military education the issue. He observed that the promotion board did not know he had "finished CGSC ILE." He submitted copies of his 1999 notification of promotion to major; CGSC diploma; an exchange of electronic mail with Office of Promotions, HRC St. Louis; and his four latest officer evaluation reports.
7. Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers 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. Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual's nonselection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion. The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for nonselection, except if an individual is not qualified for non-completion of required military education.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was nonselected because the AMEDD selection board did not have access to proof he had completed the CGSC ILE.
2. The governing directive, Army Regulation 135-155, provides that non-completion of a military education requirement is the only exception to the statutory prohibition of disclosing a reason for nonselection.
3. The applicant has been repeatedly informed that military education was not a factor in his nonselection for promotion.
4. There is no documentation to support the applicant's contention and no rationale to support the conclusion that those alleged circumstances would warrant the requested relief.
5. In view of the foregoing 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) AR20100000201
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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