IN THE CASE OF:
BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100012187
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, in effect, promotion reconsideration to the rank of major by a Special Selection Board (SSB) under the 2007 through 2009 Department of the Army Reserve Components Selection Boards (RCSBs) criteria.
2. The applicant states, in effect, that his OERs were missing from his official records and were not reviewed by the 2007 through 2009 promotion selection boards and, as a result, he was not selected for promotion to the rank of major.
3. The applicant provides:
a. A letter from the Human Resources Command - St. Louis, MO (HRC-STL) Chief, Special Actions Branch, DA Promotions, informing him that he had a basis for SSB consideration under the 2007 through 2009 criteria based on the absence of OERs from his records, provided the Army Board for Correction of Military Records (ABCMR) directed it;
b. A copy of a memorandum from the applicant to HRC-STL requesting promotion reconsideration by an SSB;
c. Copies of his OERs from 24 September 2003 to 4 December 2008;
d. A copy of his medical retention orders;
e. A copy of a statement of medical examination and duty status;
f. A copy of an Operative Report; and
g. Two letters from physicians.
CONSIDERATION OF EVIDENCE:
1. The applicant originally enlisted in the Mississippi Army National Guard (MSARNG) on 3 November 1978. On 14 August 1986, he accepted an appointment as a second lieutenant in the MSARNG.
2. On 5 December 1987, he accepted an appointment as a second lieutenant in the Georgia Army National Guard (GAARNG) and he continued to serve in the GAARNG until 5 December 2000, when he was transferred to the U.S. Army Reserve (USAR). He was promoted to the rank of captain (CPT) on 6 December 2000.
3. He continued to serve in the USAR. On 27 November 2009, he was issued a memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year letter), issued by HRC-STL.
4. On 30 November 2009, the applicant was released from his Troop Program Unit (TPU) and he was transferred to the Retired Reserve due to promotion non-selection. He had 24 years, 10 months, and 24 days of creditable service for retirement.
5. The letter provided by the applicant from HRC-STL, Special Actions Branch, DA Promotions informed the applicant that when he was considered for promotion by the 2007 through 2009 RCSB all of his OERs were not present for review by the board and thus he was eligible for SSB consideration if the Board directed such.
6. Army Regulation 600-8-29 (Officer Promotions) provides that officers who discover material error existed in their file at the time they were non-selected for promotion may request reconsideration by an SSB. Reconsideration will normally not be granted when the error is minor or when the officer, by exercising reasonable care, could have detected and corrected the error in the ORB or Official Military Personnel File (OMPF). It is the officers responsibility to review his or her ORB and OMPF before the board convenes and to notify the board in writing of possible administrative deficiencies in them.
DISCUSSION AND CONCLUSIONS:
1. The letter provide by the applicant from the HRC-STL Special Actions Branch is sufficient to establish that due to the absence of his OERs from his official records during the promotion selection boards that convened from 2007 through 2009, the applicant did not receive fair consideration for promotion to the rank of major by those boards.
2. Therefore, it would be in the interest of justice to place his records before SSBs under the same criteria used by the 2007 through 2009 Army RCSBs for promotion consideration to the rank of major.
3. In the event that he is selected by one of those boards, he is entitled to have his transfer to the Retired Reserve revoked and to be reinstated with entitlement to any pay and allowances that flow from this action provided he is otherwise qualified.
BOARD VOTE:
____X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 placing his records before a duly-constituted SSB for promotion consideration under the same criteria used by the 2007 through 2009 Army Reserve Components Selections Boards, as needed, for promotion consideration to the rank of major.
2. If selected for promotion by an SSB, his records should be further corrected by showing he met all the eligibility criteria for promotion (e.g., being assigned to a major's position), voiding his transfer to the Retired Reserve, and reinstating him in the USAR. His record should also be corrected by establishing his MAJ promotion effective date and date of rank as if he had been originally selected under the earlier criteria identified by the SSB and by providing him all back pay and allowances due as a result.
3. If he is not selected for promotion by the SSB, he should be so notified by the appropriate 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.
ABCMR Record of Proceedings (cont) AR20100012187
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ABCMR Record of Proceedings (cont) AR20100012187
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