IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100024185 


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)/O-3 under the fiscal year 2010 (FY10) criteria.

2.  The applicant states an Officer Evaluation Report (OER) recommending promotion to CPT was not submitted on time giving the board insufficient data to consider.  He contends that he was mobilized on 11 December 2009 and the submission deadline for the promotion board was 15 December 2009.  His raters at the time were unable to complete the OER before the deadline.  Major S had just come back from Iraq and her computer was unable to sign the form.  Lieutenant Colonel C had moved to be with a family member and worked full time.  They were helpful in preparing the OER and he understands how busy they were but the OER was not completed in time for the board, resulting in him being discharged instead of promoted.

3.  The applicant provides an email message, OERs for the periods 8 September 2008 to 7 September 2009 and 8 September - 10 December 2009, and active duty orders.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service in the Army National Guard (ARNG), the applicant was appointed a Reserve commissioned officer in the rank of first lieutenant, Army Nurse Corps, on 10 August 2006.  He was ordered to and entered active duty on 11 December 2009.

2.  In a memorandum dated 10 June 2010, he was informed by the U.S. Army Reserve (USAR) Command that he had been considered twice for promotion to the next higher grade by the Army Reserve Components Selection Board but not selected.  He was also informed his transition from an active status was mandatory.

3.  He was released from active duty on 13 December 2010 and honorably discharged from the USAR on 5 April 2011.

4.  In connection with the processing of this case, an advisory opinion was obtained from the U.S. Army Human Resources Command, Chief, Officer Promotions and Special Actions.  The opinion stated that the applicant's OER with a through date of 7 September 2009 should have been seen by the FY10 CPT Army Medical Department (AMEDD) board.  However, it was not completed in a timely manner by his rating chain.  Had the OER been submitted by the cutoff date, it would have been included in the promotion file and seen by the selection panel.  The opinion also stated that because of this omission, the applicant is authorized a Special Selection Board (SSB) for the FY10 CPT AMEDD promotion board.  The opinion pointed out that because he is now in a discharge status, the SSB would have to come through, and at the direction of, the Army Board for Correction of Military Records.

5.  The advisory opinion was provided to the applicant for comments and/or rebuttal.  He responded and pointed out that a change of rater OER for the period 8 September - 10 December 2009 was also submitted late and should also be provided to the promotion board.  (This OER is filed in his Official Military Personnel File.(

6.  Army Regulation 135-155 (ARNG and USAR Promotion of Commissioned Officers and Warrant Officers Other than General Officers), paragraph 3-19a states officers and warrant officers who have either failed of selection for promotion, or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a Promotion Advisory Board or an SSB, as appropriate.

7.  Paragraph 3-19e of the above regulation states Commander, Human Resources Command, Office of Promotions, may find that a "material error" caused the nonselection of an officer by a promotion board.  That agency must first determine that there is a fair risk that one or more of the following circumstances were responsible - (3) One or more of the evaluation reports that should have been seen by a board (based on the announced cut-off date) were missing from an officer's Official Military Personnel File.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be reconsidered for promotion to captain CPT under the fiscal year 2010 (FY10) criteria has been carefully considered. 

2.  Evidence shows that, due to no fault of the applicant, his OER with a through date of 7 September 2009 was not completed in time and was not presented to the FY10 AMEDD promotion board for consideration.  The omission of this OER may have caused the applicant to not to be selected for promotion to captain for a second time resulting in his discharged from the USAR.  Therefore, as a matter of equity, his records should be considered by an SSB under the criteria of the FY10 CPT AMEDD promotion selection board

BOARD VOTE:

__X_____  __X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  submitting his records to a duly-constituted Special Selection Board for reconsideration for promotion to Captain under the Fiscal Year 2010 criteria;

	b.  if he is selected for promotion his records be further corrected by:

		(1)  promoting him to Captain and assigning the appropriate date of rank; and

		(2)  showing he was reinstated to his previous active Reserve status, with constructive service, pay and award of appropriate (i.e., 15 membership and 35 inactive duty training) retirement points.


	c.  auditing his military pay records and paying him any monies due him as a result of these corrections; or

	d.  notifying him, if he is not selected.



      
      _______ _  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)                                         AR20100024185



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ABCMR Record of Proceedings (cont)                                         AR20100024185



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