IN THE CASE OF:	  

		BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100021882 


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 that military and civilian educational documents, to include the Infantry Officer Basic Course (IOBC) DA Form 1059 (Service School Academic Evaluation Report (AER)), undergraduate degree transcript showing degree completion, graduate degree transcript, and multiple military school diplomas and AER documents, be added to his official military personnel file (OMPF).  He also requests, in effect, that his records be submitted to a Reserve officer special selection board for reconsideration for promotion to the rank of major and, if selected for promotion, that his discharge from the U.S. Army Reserve (USAR) Individual Ready Reserve (IRR) be voided and that he be reinstated in the IRR.

2.  The applicant states the documents listed above were not posted to his OMPF for an unknown reason causing his nonselection for promotion.  He states he was informed his discharge was due to nonselection for promotion.  He further adds he was informed his nonselection was based on having an incomplete OMPF; specifically, that it did not contain a record of completion of IOBC and a record proving he possessed an undergraduate degree.  He further states he was at no time made aware his OMPF lacked vital information and he would be subject to discharge if his records were not updated.

3.  The applicant provides his:

* undergraduate degree transcript showing degree completion
* IOBC Diploma and DA Form 1059
* Survival, Evasion, Resistance, and Escape High Risk Course Diploma
* Supply and Service Management Officer Course Diploma
* Bradley Fighting Vehicle Leader Course Diploma and DA Form 1059
* Special Forces Assessment and Selection Course completion certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* graduate school transcript
* memorandum to U.S. Army Human Resources Command (HRC), subject:  Request for Reconsideration
* New Jersey State Police Certification in Criminal Justice

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the USAR as a cadet on 21 January 1993.  He accepted an appointment as a Reserve Commissioned Officer of the Army in the rank of second lieutenant on 2 June 1994.  The applicant entered active duty on 16 June 1994 and was promoted to pay grade O-3.

2.  A review of his records maintained in the interactive Personnel Electronic Records Management System (iPERMS) revealed that HRC-St. Louis (HRC-STL), issued the applicant a notification of promotion status memorandum, dated 3 July 2007, advising him he had been considered and was not among those selected for promotion by the Department of the Army Reserve Components Mandatory Selection Board that convened on 12 March 2007.  The memorandum also advised that all eligible officers should receive two opportunities for promotion.  It further stated that if he remained eligible, he should be considered for promotion the next year.  It also stated that selection boards do not record the reason for selection or nonselection of individual officers.  The memorandum stated his career manager may be able to assist him in improving his official file and advise him regarding specific action that may increase his potential for promotion.

3.  He was discharged from the USAR effective 19 March 2010 based on twice being nonselected for promotion.

4.  A review of his records maintained in iPERMS shows his Officer Advanced Course AER.  It does not show his undergraduate degree transcript showing degree completion, IOBC Diploma and AER, or the documents he provided to the Board.

5.  An entry in the HRC Soldier Management System (SMS), dated 12 December 2007, shows HRC-STL emailed a request to him for his missing civilian education.  It further noted his email address was a bad address and the request was mailed to the applicant.  An additional entry indicated he was left a voice mail followed by an entry that he did not comply.

6.  The SMS also contains an entry, dated 24 August 2009, indicating he was sent a notification of promotion status memorandum for the 2009 captain to major promotion Board.  Another entry, dated 6 October 2009, indicates a message was sent to him requesting that he provide supporting documentation to update his education level.  An entry on 19 February 2010 shows he was twice not selected for promotion and not selected for continuation and should be discharged from the military per Army Regulation 135-175 (Separation of Officers), paragraph 4-4.

7.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides that special selection boards are convened to correct/prevent an injustice to an officer or former officer who was eligible for promotion but whose records through error, were not submitted to a mandatory promotion selection board for consideration or contained a material error when reviewed by the mandatory selection board.

8.  This regulation further provides that records of officers or former officers will be referred for special selection board action when the Army Board for Correction of Military Records (ABCMR) requests such a referral.

9.  This regulation continues that the Commander, HRC, Office of Promotions (Reserve Component), will normally not determine that a material error existed when an administrative error was immaterial or when the officer in exercising reasonable diligence could have discovered and corrected the error or omission in the OMPF.

10.  Army Regulation 135-175 provides that an officer in the grade of first lieutenant, captain, or major, who has completed his statutory military service obligation, will be discharged for failure to be selected for promotion after a second consideration by a Department of the Army Reserve Components promotion selection board.

DISCUSSION AND CONCLUSIONS:

1.  Every Soldier has a responsibility to manage his or her own career.  It appears the applicant's OMPF did not contain his civilian education showing an undergraduate degree and other documents which may have been of value during the Reserve Component promotion selection board proceedings.  However, evidence contained in SMS indicates HRC-STL requested that he provide his civilian education documentation through the use of multiple methods of delivery with no evidence he ever complied.  Even if he did not receive any of the requests from HRC-STL, through due diligence he would have known what records were missing from his OMPF and had the opportunity to ensure these were inserted in his OMPF in a timely manner prior to the deadline for consideration for promotion.  As such, there is insufficient basis for granting the applicant's request for promotion reconsideration.

2.  A notification of his second nonselection is not contained in his available records.  However, entries in SMS indicate he was sent notification of the board results.  Additionally, the ABCMR starts its consideration with a presumption of regularity that what the Army did was correct.  The burden of proving otherwise is the responsibility of the applicant.  Therefore, it is presumed he was issued a notification of promotion status memorandum advising him he had been considered and was not among those selected for promotion by the Reserve Component promotion selection board.  The memorandum would have advised him that as a result of his second nonselection, he must be discharged unless he was eligible for and requested transfer to the Retired Reserve.  As such, the evidence indicates he was properly discharged due to twice being nonselected for promotion and not being selected for continuation.

3.  In view of the foregoing, there is insufficient basis for granting the applicant's request.

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his OMPF.

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)                                         AR20100021882



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ABCMR Record of Proceedings (cont)                                         AR20100021882



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