IN THE CASE OF:	  

		BOARD DATE:	    24 August 2010

		DOCKET NUMBER:  AR20100007666


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 of his previous request for a civilian education waiver and promotion reconsideration to captain by a special selection board (SSB).

2.  The applicant states, in effect, he was considered for promotion to captain by the Department of the Army (DA) 2008 Reserve Components Selection Board (RCSB) that deliberated from 6 November 2007 to 15 November 2007.  He was not selected.  He was again considered for promotion to captain, this time by the DA 2009 RCSB that convened on 4 November 2008.  He was once again not selected.

3.  The applicant states he wrote both promotion boards stating he would not receive his baccalaureate degree until December 2008 and asking to be granted a waiver for civilian education.  He adds the correspondence was not received by the boards prior to their convening dates.

4.  The applicant provides:

* education records showing he was enrolled in classes as early as 2003
* orders, dated 29 November 2004, showing his mobilization in support of Operation Iraqi Freedom for 2 years
* education records showing he resumed his civilian education in 2006
* two recent DA Forms 67-9 (Officer Evaluation Report (OER)) showing he has continued his exemplary service

* one OER for the period 20071201-20081130
* one OER for the period 20090201-20090715

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090012765, on 15 December 2009.

2.  The applicant submitted the documents listed in paragraph 4 above.  The following is known concerning these documents:

* his civilian educational progress was previously known to the Board, as he provided it in college transcripts with his original case
* his deployment in support of Operation Iraqi Freedom was previously known to the Board
* he previously submitted the OER for the period 20071201-20081130
* only the OER for the period 20090201-20090715 is considered new evidence warranting consideration by the Board

3.  The applicant received an OER for the period 20090201-20090715, a period of 6 months of rated time, as a change of rater report.  The OER covers his duties as an engineer officer assigned to the Missouri Army National Guard's (MOARNG) 735th Quartermaster (Force Provider (FP)) Company, Desoto, MO.  In Part IV (Performance Evaluation-Professionalism-Values), the rater gave him all "Yes" ratings.  In Part Va (Performance Potential Evaluation), the rater checked the "Satisfactory Performance-Promote" block and entered supporting comments in Part Vb.  In Part Vc, the rater stated the applicant had "the potential to be successful in positions of increased responsibility," but he recommended the applicant "should continue as the 735th FP Co Engineer Officer or in an Assistant S-3 position."

4.  In the OER for the period 20090201-20090715, the senior rater placed an "X" in the "Fully Qualified" block in Part VIIa.  The OER is not entered in his iPERMS (interactive Personnel Electronic Records Management System) file.  The senior rater also agreed the applicant should continue to serve in his current position, but should seek positions of greater responsibility.


DISCUSSION AND CONCLUSIONS:

1.  The new evidence provided by the applicant shows:

* the rater evaluated his performance as "Satisfactory Performance-Promote" when even a center-of-mass performance would have been rated "Outstanding Performance-Must Promote"
* rater comments on potential even in a center-of-mass OER would have said the applicant has demonstrated unlimited potential for increased responsibility and would have recommended positions of greater responsibility, not continuation of current duties
* the senior rater evaluated his promotion potential as "Fully Qualified" when "Best Qualified" more appropriately characterizes even a center-of-mass performance

2.  Given the applicant's past performance as characterized by two referred OERs in his prior case, the subject OER does not support his contention that his performance warrants approval of a civilian education waiver and reconsideration for promotion by an SSB.

3.  The applicant had a responsibility to look after his career.  He knew that completion of a Bachelor's Degree was a regulatory requirement for promotion to captain.  He also knew or should have known his records would be going before the 2007 and 2008 RCSBs, and that he had deadlines for submitting various requests, including requests for civilian education waivers; yet he twice failed to timely submit his requests for approval prior to board consideration.

4.  In order to justify correction of a military record, the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit sufficient evidence that would satisfy this requirement.  Therefore, he is not entitled to relief.

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 to amend the decision of the ABCMR set forth in Docket Number AR20090012765, dated 15 December 2009.



      __________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)                                         AR20100007666



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)