IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100021086
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 reconsideration to captain (CPT).
2. The applicant states he was considered for promotion by the 2009 Department of the Army (DA) Reserve Components (RC) CPT Army Medical Department (AMEDD) Selection Board. He was not selected because his initial officer evaluation report (OER) was not submitted in time for consideration by the board. Also, he appeared before the promotion board after just 5 months of service because he received 2 years of constructive service credit prior to appointment. Finally, he was unable to attend the officer basic course in the short time between his appointment and the promotion board, rendering him educationally unqualified.
3. The applicant provides:
* DA Form 1059 (Service School Academic Evaluation Report)
* Army Achievement Medal Certificate and orders
* U.S. Army Human Resources Command web site printout on promotion boards
* University of Pittsburgh Undergraduate Academic Transcript
* Bachelor of Science Degree in Pharmacy
* Headquarters, U.S. Army Reserve Command, memorandum, dated 10 June 2010, subject: Options Upon Nonselection for Promotion after Second Consideration
CONSIDERATION OF EVIDENCE:
1. The applicant is a pharmacist. He was appointed as a first lieutenant, U.S. Army Reserve, on 27 March 2008 and was assigned to the 339th Combat Support Hospital, Coraopolis, PA.
2. On 1 October 2009, he received active duty orders directing him to report to the U.S. Army Medical Department Activity, Fort Leonard Wood, MO, on 13 October 2009 for 165 days of active duty in support of contingency operations.
3. The applicant's records were considered by the 2009 DA RC CPT AMEDD Selection Board and he was not selected for promotion. The reason for his nonselection is not known.
4. The applicant's records went before the 2010 DA RC CPT AMEDD Selection Board. He was again denied promotion and in a memorandum, dated 10 June 2010, was notified he must separate not later than the first day of the seventh month following the President's approval of the selection board results.
5. Orders 10-252-00028, Headquarters, U.S. Army Reserve Command, Fort McPherson, GA, dated 9 September 2010, discharged the applicant effective 1 November 2010. However, these orders were revoked by
Orders 10-356-00024, Headquarters, U.S. Army Reserve Command, Fort McPherson, GA, dated 22 December 2010.
6. In the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, U.S. Army Human Resources Command, Fort Knox, KY, which states the applicant was considered but not selected by the 2009 DA RC CPT AMEDD Selection Board. The opinion also states:
a. Military education was not a requirement for selection for promotion for Medical Services Branch officers; therefore, his nonselection was not due to education. However, selection boards are not required by statute to disclose reasons for nonselection; therefore, his reason(s) for nonselection are not known. Also, his first OER was not rendered prior to the convening of the selection board and, thus, was not considered.
b. The applicant's file revealed he was not eligible for consideration by the 2009 board because he had not continuously performed Reserve Active Status List service during the 1-year period ending on the convening date of the promotion board (7 January 2009).
c. Because he was not eligible for consideration by the 2009 Selection Board, special consideration is not applicable and the opinion recommended disapproval. The applicant was provided an opportunity to respond to the advisory opinion, but did not do so.
7. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officer Other Than General Officers) prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that promotion reconsideration by a special selection board may only be based on erroneous non-consideration or material error which existed in the records 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 non-selection 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests reconsideration for promotion to CPT by a special selection board using the 2009 selection board's criteria.
2. The applicant was not even eligible for promotion consideration by the 2009 selection board; therefore, his request for a special selection board using the 2009 selection board's criteria is improper. It is noted the U.S. Army Reserve Command voided his discharge due to being a two-time nonselect for promotion. It appears this was done because, since he was not eligible for consideration by the 2009 board, his nonselection by the 2010 board was only his first passover.
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 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) AR20100021086
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ABCMR Record of Proceedings (cont) AR20100021086
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