IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100018320 


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 promotion consideration to major (O-4) by a Department of the Army Special Selection Board.

2.  The applicant states he was not considered for promotion by the DA Reserve Component Selection Board that convened in 2009-2010.  He states that the only thing that prevented him from being promoted was his failure to complete the Captains Career Course.  He states he completed the course in 2009 and he was looking forwarded to going before the board; however, he never received a packet.  He states that his desire is to continue to be a military officer and support his country.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service in the U.S. Army Reserve (USAR), the applicant accepted an appointment as a Reserve commissioned officer in the rank of second lieutenant (O-1), effective 13 May 1988.

2.  The applicant executed an Oath of Office in the PA Army National Guard (PAARNG) on 18 August 1988.

3.  He was promoted to first lieutenant (O-2), effective 24 May 1991.  He was promoted to captain (O-3), effective 7 February 1996.

4.  On 16 July 2002, the applicant was notified by the Chief, Office of Promotions, Reserve Components, that a DA Reserve Components Mandatory Selection Board was convened to consider officers of his grade for promotion.  He was told that the board examined the performance portion of his official military record according to the Memorandum of Instructions provided by the Secretary of the Army.  The applicant was told that he was considered but, unfortunately, was not among those selected for promotion by the board.  The Chief, Office of Promotions, stated that the records reviewed by the DA Selection Board did not indicate he completed the required civilian and/or other military education by the day the board convened on 4 March 2002.  His attention was invited to the mandatory education requirements for promotion as specified in Army Regulation 135-155, paragraphs 2-8 and 2-9, and Table 2-2 or Table 2-3.  The applicant was informed that if he completed the education requirements not later than the day before the selection board convened, he may request reconsideration by applying through command channels. 

5.  On 7 August 2003, the applicant was notified by the Chief, Office of Promotions, Reserve Components, that a DA Reserve Components Selection Board convened on 3 March 2003, to consider officers of his grade for promotion. He was told that the board examined the performance portion of his official military record according to the Memorandum of Instructions provided by the Secretary of the Army.  The applicant was again told that he was considered but, unfortunately, was not among those selected for promotion by the board.  He was informed that as a result of his second nonselection, he must be discharged. He was told that his established removal date was not later than 1 February 2004, unless he was eligible for and requested transfer to the Retired Reserve.

6.  The applicant was separated from the PAARNG on 16 January 2004 and he was transferred the USAR Control Group (Reinforcement).

7.  On 30 June 2006, the applicant was notified that he was part of a DA Reserve Component Selection Board convened on 14 March 2006 and that he was considered, but not selected promotion and must be discharged.  He was told that the board examined the performance portion of his official military record.  He was told that his established removal date was not later than 1 January 2007 unless he was eligible for a request transfer to the Retired Reserve.

8.  On 27 December 2006, the applicant was released from the USAR Control Group (Reinforcement) and was assigned to the Standby Reserve (Inactive List). He was released from the Standby Reserve (Inactive List) and reassigned to the 



USAR Control Group (Reinforcement) on 5 January 2007.  He was released from the USAR Control Group and was assigned to a troop program unit on 9 January 2007.

9.  The applicant as ordered to active duty for mobilization in support of Operation Iraqi Freedom, effective 2 January 2008.  He was released from active duty on 8 January 2009 and he returned to his troop program unit.

10.  On 17 October 2009, the applicant completed the Quartermaster Captains Career Phase 2 Course.

11.  On 11 February 2010, the applicant received his Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).  He retired on 21 June 2010.

12.  During a review of this case an advisory opinion was obtained from the DA Chief, Officer Promotions, who states that the applicant was in the zone for consideration by the 2009 DA Reserve Components Major Selector Board; therefore, he was considered by the board.  He states the required military education or selection to major is completion of the Captains Career Course prior to the convening of the board.  He states that the board convened on 9 March 2009 and that applicant completed his education on 17 September 2009 [sic]; therefore, the education would not have been viewed by the board.  The Chief, DA Officer Promotions states that the applicant was scheduled for removal from the Reserve Active Status List on 1 October 2009, due to maximum length of service.  He states that based on the fact that the applicant's removal date was prior to the convene date of the 2010 Selection Board, the applicant was not eligible for promotion consideration by the board.  The Chief, DA Officer Promotions, states that the applicant does not have a basis for promotion consideration by a DA Special Selection Board and he recommended that the applicant's request be disapproved.

13.  A copy of the advisory opinion was sent to the applicant for his concurrence and/or possible rebuttal.  To date, no response has been received from the applicant.

14.  Army Regulation 600-8-29 (Officer Promotions) states that a commissioned officer may be considered for promotion by an SSB if the board that considered the officer from in or above the promotion zone did not have before it some material information (SSB discretionary) or the board that considered him acted contrary to law or made a material error.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  However, he was considered and nonselected for promotion, due to his failure to complete the Captains Career Course prior to the date the promotion board convened on 9 March 2009.

2.  The applicant was scheduled for removal from the Reserve Active Status List on 1 October 2009, due to maximum length of service.  His removal date was prior to the convene date of the 2010 Selection Board; therefore, he was not eligible for promotion consideration by that board.

3.  A commissioned officer may be considered for promotion by an SSB if the board that considered the officer from in or above the promotion zone did not have before it some material information (SSB discretionary) or the board that considered him acted contrary to law or made a material error.  

4.  The applicant has not shown error or injustice in the action taken by the Army. Therefore, his request should be denied.

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)                                         AR20100018320



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ABCMR Record of Proceedings (cont)                                         AR20100018320



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