IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100011631 


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 consideration before a special selection board (SSB) because an officer evaluation report (OER) was not completed and filed in his official military personnel file (OMPF).

2.  The applicant states an OER with an ending date of 2 March 2008 was not completed until 26 June 2009.  Therefore, this OER was not filed in his OMPF or considered by the 2008 and 2009 Captain (CPT) Army Reserve Component Selection Board.  He continues by stating he was notified by the U.S. Army Human Resources Command (HRC) in St. Louis (STL) that due to this omission, he is eligible for an SSB under the 2008 and 2009 promotion criteria.

3.  The applicant provides as documentary evidence in support of his application a letter from Department of the Army (DA) promotions branch at HRC-STL, dated 21 January 2010; and an OER with a rating period from 17 March 2007 to 2 March 2008. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant (2LT) in the Army Reserve on 13 May 2002.  

2.  On 9 October 2003, he accepted an appointment in the Army National Guard (ARNG) as a 2LT.  He was promoted to first lieutenant (1LT) in the California ARNG (CAARNG) effective 13 May 2004.
3.  By memorandum, dated 17 February 2008, the CAARNG notified the applicant that he was not selected for promotion to CPT by the 2008 1LT-CPT Army Promotion List DA Mandatory Selection Board. 

4.  By memorandum, dated 28 May 2009, the applicant was notified that a DA Mandatory Selection Board that convened on 4 November 2008 did not select him for promotion to CPT for the second time.  

5.  On 21 January 2010, HRC-STL responded to the applicant's request for an SSB.  This letter stated he would have to apply through the Army Board for Correction of Military Records because of his pending discharge from military status on 31 March 2010 which is prior to an SSB convening and releasing its board results.  

6.  The applicant was separated from the ARNG on 31 March 2010.  The reason for separation was due to twice non-selection for promotion.

7.  As evidence to support his application, the applicant provided a copy of an OER for the period 17 March 2007 to 2 March 2008.  This OER shows his rater, a battalion commander in the rank of lieutenant colonel (LTC), electronically signed this OER on 10 October 2008.  Also on this same date, the senior rater serving as the deputy brigade commander in the rank of LTC electronically signed this OER.  Nearly eight months later, on 26 June 2009, the applicant electronically signed this OER. 

8.  References:

   a.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) prescribes the policy and procedures used for selecting and promoting commissioned officers of the Army National Guard of the U.S. and the Army Reserve.  In pertinent part, it states for promotion consideration to CPT a qualified officer must have completed a bachelor degree, satisfactorily completed an officer basic course, and must be in an active status.  The minimum time in grade requirements for consideration to the rank of CPT are 2 years and the maximum time in grade is 5 years as a 1LT.  

   b.  Army Regulation 135-155 states that zone of consideration lists will be prepared according to criteria established by the Commander of HRC.  Selection boards will be provided a promotion consideration file for each eligible officer.  It will contain the performance portion of the OMPF to include OERs, academic evaluation reports, commendatory information, disciplinary information, a DA Form 4037 (Officer Record Brief ) or Personnel Qualification Record, an official photograph, and authorized communications to the promotion board president.  In addition, 90 days before the convening date of a mandatory promotion board, the officers in the zone of consideration will receive written notification and told to review their records and submit missing documents or other corrections to HRC-STL through their respective personnel offices. 

   c.  Army Regulation 135-155 states that officers and warrant officers who were not selected by promotion or who were erroneously not considered for promotion through administrative error may be reconsidered by a promotion advisory board or an SSB.  When HRC, Office of Promotions determines a board file contains a material error such as one or more missing evaluation reports that should have been seen by the promotion board, was missing from the officer's OMPF, then an officer's promotion file will be referred to an SSB. 

DISCUSSION AND CONCLUSIONS:

1.  Based on the recommendation from HRC-STL and governing promotion regulations, the applicant is entitled to have his OMPF reviewed and considered by an SSB due to material error.  An OER ending on 2 March 2008 was not completed and filed in his OMPF.  Therefore, this OER was not made available to the 2008 and 2009 Army Reserve Components Selection Board; as such it is considered a material error.

2.  Therefore, it would be appropriate to send the applicant's promotion file before an SSB under the provisions of the calendar year 2008 and 2009 CPT DA Army Reserve Components Selection Board 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 State 


Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  sending his promotion file to an SSB for consideration under the 2008 and 2009 Captains DA Army Reserve Components Selection Board criteria;

	b.  if he is selected for promotion, his records be further corrected by voiding his 31 March 2010 discharge from the Army National Guard and as a Reserve of the Army and promoting him to captain with the appropriate date of rank and effective date of promotion and paying him any back due pay and allowances; or

	c.  if he is not selected for promotion, notifying him accordingly.




      _______ _   __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)                                         AR20100011631



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ABCMR Record of Proceedings (cont)                                         AR20100011631



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