IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20100029760 


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 colonel by a special selection board (SSB) under the 2007 and 2009 year criteria.

2.  She states that material was missing from her 2007 and 2009 promotion packets for the U.S. Army Reserve (USAR) Army Medical Department (AMEDD) 2007 and 2009 boards.  She submitted a memorandum to the Human Resources Command (HRC) requesting SSB reconsideration under the 2007 and 2009 year criteria with the documentation.  The SSB did not meet prior to her retirement date.

3.  She provides a copy of her Southern Wesleyan University Academic Transcripts, printed on 30 November 2010.

CONSIDERATION OF EVIDENCE:

1.  The applicant she was appointed as a second lieutenant in the USAR, Army Nurse Corps, effective 11 July 1980.  She was promoted to lieutenant colonel, effective 22 November 1998.

2.  On 15 August 2001, she was issued a memorandum, subject:  Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).

3.  She was considered and not selected for promotion to colonel by the 2003 through 2009 AMEDD Reserve Components Selection Boards (RCSBs).  The specific reasons for her nonselections were not divulged by the boards.
4.  She was reassigned from her USAR unit, effective 15 April 2010, for maximum authorized years of service, to the Retired Reserve.

5.  She provided a copy of her Southern Wesleyan University Academic Transcripts, printed on 30 November 2011, that shows a Master of Science in Management degree was conferred on an unspecified date.

6.  She will reach age 60 on 29 April 2012.

7.  On 3 May 2011, an advisory opinion was obtained from the Chief, Special Actions Branch, Department of the Army (DA) Promotions, HRC, Fort Knox, KY.  The advisory official stated that the applicant was considered and not selected for promotion by the 2007 and 2009 DA RCSBs.  A review of her board files revealed her officer evaluation reports (OER) for the period ending 24 September 2006 and 25 April 2007 were omitted from the 2007 board file and her OER for the period ending 25 April 2008 was omitted from the 2009 board file.  Due to the omission of the OERs, it was recommended that the applicant be granted reconsideration for promotion by SSBs under the 2007 and 2009 year criteria.

8.  The advisory official further stated that if the applicant is selected for promotion her retirement should be revoked and she should be returned to an active Reserve status and promoted with the appropriate date of rank based on the selected criteria.

9.  On 5 May 2011, the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

10.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) specifies that promotion consideration/
reconsideration by an SSB may only be based on erroneous non-consideration or material error, which existed in the record at the time of consideration.  Only critical elements are a basis for consideration by an SSB based on material error. Critical elements are military education, OERs, and the Silver Star or higher award.  Boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required civilian and/or military schooling.

DISCUSSION AND CONCLUSIONS:

1.  Based upon review by the HRC, Department of the Army, Promotions Special Actions Branch, the applicant's OMPF contained a material error when she was considered and not selected for promotion to colonel by the 2007 and 2009 RCSB's.  Therefore, it would be equitable to grant her promotion reconsideration by an SSB under the 2007 and 2009 year criteria.

2.  In view of the foregoing, her records should be corrected as recommended below.

BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  ensuring that her OMPF is complete and accurate, including her officer evaluation reports for the periods ending 24 September 2006, 25 April 2007, and 25 April 2008;

	b.  that following administrative implementation of the foregoing, her records be submitted to a duly-constituted Special Selection Board for promotion reconsideration to colonel under the 2007 and 2009 year criteria;

	c.  that if she is selected for promotion her records be corrected by showing she met all the eligibility criteria for promotion (e.g., being assigned to a colonel's position) effective the date of the release of the applicable promotion selection board, promoting her to colonel with the appropriate date of rank, and paying to her any associated back pay and allowances;

	d.  that if selected and the applicant meets all prerequisites for promotion, her records be further corrected to show:

		(1)  her transfer to the Retired Reserve is void and of no force or effect,

		(2)  she was credited with qualifying service for Reserve retirement for her respective retirement years from the dates of her now-voided transfer to the Retired Reserve to the date of her return to the active Reserve,

		(3)  that an adequate explanation be placed in her OMPF to show the gap in her officer evaluation reports from the dates of her now-voided transfer to the Retired Reserve to the date of return to an active Reserve status was not caused by any fault on her part and to ensure that she is not prejudiced thereby in the consideration of any future personnel actions, and

		(4)  that all documents related to her now-voided non-selection for promotion and her transfer to the Retired Reserve be expunged from her OMPF.

2.  If the applicant is not selected by either of the duly-constituted SSB's, she be so notified.



      __________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)                                         AR20100029760



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ABCMR Record of Proceedings (cont)                                         AR20100029760



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