BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20100024545 


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 she receive reconsideration for promotion to the rank of captain (CPT).  

2.  The applicant states she was told that she did not meet the educational qualifications for promotion to the rank of CPT; however, her records clearly contain copies of her bachelor's degrees (two).  She goes on to state that once she identified the error she was promoted to CPT on the second look and she believes she should have been promoted the first time she was considered.

3.  The applicant provides the supporting documents that are listed on her application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to 


timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was commissioned a second lieutenant in the Minnesota Army National Guard and the U.S. Army Reserve (USAR) on 2 October 1989.  She was promoted to the rank of first lieutenant on 1 October 1992, discharged from the MNARNG, and was transferred to the USAR. 

3.  On 1 March 1996, she was notified she had been nonselected for promotion to the rank of CPT.  The notification states selection boards are not permitted to divulge the reasons for selection or nonselection.  On 7 May 1998, she was again notified she had been nonselected for promotion to the rank of CPT.  The notification does not state that she was not educationally qualified.

4.  On 10 May 2000, she was notified that she had been selected for promotion to the rank of CPT by a Special Selection Board (SSB) under the 1996 criteria.  She was promoted to the rank of CPT effective 25 June 1998.

5.  She was promoted to the rank of major on 2 June 2004 and she was issued a Notification of Eligibility for Retired Pay at Age 60 (20-year letter) on 30 October 2008.

6.  A review of her official records shows that her college transcripts are properly filed in her Official Military Personnel File (OMPF).

7.  In the processing of this case a staff advisory opinion was obtained from the Human Resources Command at Fort Knox, Kentucky which opines that the applicant’s earlier nonselections for promotion to CPT were not based on her being non-educationally qualified and while the records do not reveal why she was not selected there is no basis for reconsideration before an SSB based on the lack of educational qualifications.  The applicant was provided the advisory opinion for comment and to date the staff of the Board has received no response.

8.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) provides that officers who discover material error existed in their file at the time they were non-selected for promotion may request reconsideration by a special selection board.  Reconsideration will normally not be granted when the error is minor or when the officer, by exercising reasonable care, could have detected and corrected the error in the Officer 


Record Brief (ORB) or OMPF.  It is the officer’s responsibility to review his or her ORB and OMPF before the board convenes and to notify the board in writing of possible administrative deficiencies in them.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided no evidence to support her contention that she was nonselected for promotion to CPT because she did not meet the educational requirements for promotion.

2.  It is a well known fact that not everyone considered for promotion is going to be selected.  If such was the case there would be no need for a selection board.  It is also a well known fact that statutory requirements prevent the disclosure of board proceedings to anyone not a member of the board.  While it is unfortunate that the applicant was not selected by the boards in question, there does not appear to be any material error in her record at the time that would justify her receiving promotion reconsideration by those boards that did not select her at the time or to grant her request.

3.  Therefore, in the absence of evidence to show she was unjustly nonselected due to an administrative oversight, or that her education documents were not properly filed in her records for review by the selection boards, there appears to be no basis to grant her request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices being made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of her service in arms.




      
      _______ _ 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)                                         AR20100024545



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ABCMR Record of Proceedings (cont)                                         AR20100024545



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