IN THE CASE OF:	  

		BOARD DATE:	  26 May 2011

		DOCKET NUMBER:  AR20100022337 


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, reinstatement as a first lieutenant, Medical Service Corps, U.S. Army Reserve (USAR), and to have her military records considered by a special selection board for promotion to captain, pay grade O-3.

2.  The applicant states that she was a non-select for promotion to captain for unknown reasons.  She did not see what documents were submitted to the promotion board.  Due to the recovery efforts after Hurricane Katrina and having to relocate to find employment, she was unable to return to her parent unit.  She rescheduled and/or participated in battle assemblies with units other than her own.  During the period from 2005 to 2010 she did not receive any performance evaluations.  She did try to maintain her commitment to the Reserve by attending battle assemblies with various units until her unit and the city of New Orleans recovered.

3.  The applicant provides copies of five letters of support.

CONSIDERATION OF EVIDENCE:

1.  At the time of her application, the applicant was serving as a first lieutenant with the 4010th U.S. Army Hospital (USAH) located in New Orleans, Louisiana.

2.  On 27 March 2002, the applicant accepted a commission in the USAR as a second lieutenant, Medical Service Corps.

3.  A DA Form 1059 (Service School Academic Evaluation Report (AER)) dated      4 April 2003 reports that the applicant completed the resident Army Medical Department Officer Basic Course.  She had marginally achieved course standards but did demonstrate academic potential for selection to higher level schooling or training.  The AER was referred to her on 10 May 2003 by the Dean, Academy of Health Sciences.

4.  A DA Form 67-9 (Officer Evaluation Report (OER)) for the period 14 June 2002 to 13 June 2003 states the applicant:

	a.  was assigned as a Health Services Administration Officer with the 4005th USAH located in Houston, Texas;

	b.  was rated with outstanding performance - must promote;

	c.  was rated with center of mass for potential; and

	d.  was described as a best qualified and very capable junior officer who projected professionalism and enthusiasm.

5.  An OER for the period 14 June 2003 to 12 April 2004 states the applicant:

	a.  was assigned as a Patient Administration Division Officer with the 5501st USAH located in San Antonio, Texas;

	b.  was rated with satisfactory performance - promote;

	c.  was rated with center of mass for potential; and

	d.  was described as a fully-qualified and a capable young officer who with additional training would become as asset to the Medical Services Corps.

6.  There is no OER available for the period 13 April 2004 to 31 January 2005.

7.  A memorandum from the Chief, Office of Promotions, Reserve Components, U.S. Army Human Resources Command, St. Louis, Missouri, dated 23 February 2005, announced that the applicant had been promoted to first lieutenant, pay grade O-2, with an effective date and date of rank of 1 February 2005.

8.  There is no OER available for the period from 1 February 2005 to 3 January 2007.


9.  An OER for the period 4 January 2007 to 3 January 2008 states the applicant:

	a.  was assigned as a Patient Administration Officer with the 4010th USAH located in Hammond, Louisiana;

	b.  was rated with satisfactory performance - promote;

	c.  was rated without a comparison to other officers for potential; and

	d.  was described as a fully-qualified officer who was a valuable asset who required maximum effort to save to include transfer to a unit closer to her home.

10.  An OER for the period 4 January 2008 to 3 January 2009 states the applicant:

	a.  was assigned as a Patient Administration Officer with USAH [specific hospital and location missing from report];

	b.  was rated with satisfactory performance - promote;

	c.  was rated without a comparison to other officers for potential; and

	d.  was described as a fully-qualified officer who was a valuable asset that has struggled with her attendance at battle assembly because she resides outside of commuting distance.

11.  There is no OER available for any period after 4 January 2009.

12.  A memorandum from the Deputy Chief of Staff, G-1 [Personnel Officer], U.S. Army Reserve (USAR) Command, Fort McPherson, Georgia, dated 10 June 2010, notified the applicant that she had been non-selected for promotion to captain, pay grade O-3.  This was her second non-selection and her transition from an active status was mandatory.

13.  Orders 10-302-00063, USAR Command, Fort McPherson, Georgia, dated 
29 October 2010, discharged the applicant from the USAR effective 1 November 2010.

14.  In processing this case, an advisory opinion was obtained from the Deputy Chief of Staff, G-1, USAR Command, Fort McPherson, Georgia, dated 18 March 2011, who provided the following:

	a.  A review of the Fiscal Year 2010 Army Medical Department promotion results failed to reveal the reason for the applicant's non-selection.  Board results do not list the reason for non-selection except when the officer was determined to be not educationally qualified.

	b.  A review of the applicant's Interactive Personnel Electronic Record Management System (iPERMS) shows she had completed her educational requirements.

	c.  iPERMS further shows that the applicant apparently failed to coordinate with her supervisors and to have them provide or submit letters of input to her rater and senior rater for use in preparing her OER's.

	d.  The opinion suggested that the applicant consider applying for reappointment in the USAR, but recommended denial of this request.

15.  On 25 March 2010, a copy of the advisory opinion was sent to the applicant for her information and opportunity to rebut.  No response has been received.

16.  Army Regulation 135-175 (Separation of Officers) provides that a first lieutenant who has completed their statutory military service obligation will be discharged for failure to be selected for promotion after the second consideration by a Department of the Army Reserve Components selection board.

17.  Title 10, U.S. Code, section 14504, provides that a first lieutenant on the Reserve active status list of the Army who has failed selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall be separated not later than the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time.

18.  The applicant has provided five letters of support from field grade officers assigned to the 4010th USAH.  They state, in essence:

	a.  that the applicant was assigned to the 4010th USAH when Hurricane Katrina paralyzed the area and she had to relocate from the area;

	b.  that the applicant's promotion status was hindered by constant movement and multiple units of assignment;


	c.  that the applicant performed in an exceptional manner, was articulate and demonstrated sound decision making skills; and

	d.  that the applicant lived by the Army's values of loyalty, duty, respect, selfless service, honor, integrity, and personal courage.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that she should be reinstated to an active status as a first lieutenant, Medical Service Corps, USAR, and have her military records considered by a special selection board for promotion to captain, pay grade O-3.  She bases her contention on the recovery efforts after Hurricane Katrina and her having to relocate to find employment which resulted in her not receiving OER's during the period from 2005 to 2010.

2.  The evidence of record clearly shows that the applicant received her initial AER and OER's for 2003 and 2004.  It appears reports for 2005 and 2006 were not rendered; however, she did receive OER's for 2007 and 2009.  There is no OER on file for 2010.  All reports on file show her performance to have been average, but with potential.

3.  The reason for her non-selection is unknown.  An assumption cannot be reasonably made that her non-selection was due to missing performance evaluations.

4.  In accordance with law and regulation, the applicant was properly discharged based on her two-time non-selection for promotion.  There is no error or injustice.

5.  In view of the above, the applicant's 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)                                         AR20100022337



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ABCMR Record of Proceedings (cont)                                         AR20100022337



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