IN THE CASE OF:
BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110000832
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 the non-selection for promotion to captain memoranda be expunged from his record.
2. The applicant states that:
* in 1993 he was transferred to the Individual Ready Reserve
* in 1996 and 1998 his military record was submitted to the Reserve Components Selection Board (RCSB) for consideration for promotion to captain
* he was passed over both times due to non-completion of the Officer Advanced Course
* he enlisted in the Arizona Air National Guard (AZANG) and served from November 1996 to 1999
* he was not eligible for promotion to captain in May 1998
3. The applicant provides:
* two National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service)
* DD Form 4 (Enlistment/Reenlistment Document)
* two memoranda of non-selection
* orders
* a memorandum requesting age wavier
CONSIDERATION OF EVIDENCE:
1. The applicant initially enlisted in the Ohio Army National Guard (OHARNG) on 13 February 1985 and served until he was commissioned as second lieutenant (2LT) in the U.S. Army Reserve (USAR) on 25 May 1988. He accepted appointment in the ARNG that date. He was promoted to 1LT on 24 May 1991.
2. On 26 July 1993, Orders Number 142-142, State of Ohio, Adjutant General. Department, Columbus, OH separated him honorably from the OHARNG effective 1 July1993 by reason of resignation and stated that upon termination of his Federal recognition, he would became a member of the USAR.
3. On 1 March 1996, he was notified by the U.S. Total Army Personnel Command (now known as Human Resources Command (HRC)), St. Louis, MO that he was considered, but not selected for promotion to the next higher grade. This non-selection constituted as his first pass-over for promotion to captain.
4. On 12 November 1996, he enlisted in the AZANG in the rank/pay grade of specialist/E-4.
5. On 7 May 1998, he was notified by HRC that he was considered but not selected for promotion. This non-selection constituted his second pass-over for promotion and as a result, he was discharged in accordance with Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers).
6. Item 23 (Authority and Reason) of his second NGB Form 22 shows he voluntarily resigned in accordance with Air Force Instructions 36-3209, paragraph 3.17 (Separation and Retirement Procedures for ANG and Air Force Reserve Members) on 30 August 1999.
7. On 6 March 2009, he enlisted in the OHARNG in the rank/grade of sergeant/pay grade E-5.
8. On 9 December 2010, the NGB approved his request for an age waiver for reappointment in the OHARNG. However, the NGB determined the following:
a. based on service documents provided, it appeared the applicant was erroneously non-selected for promotion in 1998. As a result, he would remain ineligible for reappointment until his record was corrected; and
b. his Federal recognition was not withdrawn when he transferred to the USAR in 1993. The NGB directed the State to submit a request for withdrawal of his Federal recognition.
9. An advisory opinion was received from NGB recommending approval of the applicant's request to have his twice non-selection to captain board results expunged from his records due to:
a. his being honorably discharged from the OHARNG on 1 July 1993 as a 1LT and being transferred to the USAR (Reinforcement);
b. he was considered for promotion to captain by the RCSB on 1 March 1996 but was not recommended for selection;
c. he enlisted in the AZANG in pay grade E-4 on 12 November 1996 and served until he was honorably discharged on 31 August 1999;
d. he received a second notification of non-selection for promotion to captain on 7 May 1998. At the time, he was serving in pay grade E-5 in the AZANG and should have not been considered for selection by the RCSB; and
e. he enlisted in the OHARNG on 6 March 1999 in pay grade E-5 and is seeking reappointment as an officer. He requested an age waiver which was put on hold pending an application to correct his military record; and
f. the State must submit a request to the Federal Recognition Section to have his Federal recognition withdrawn when he was discharged on 1 July 1993, in order for him to be eligible for reappointment.
10. On 22 January 2011, he concurred with the advisory opinion.
11. On 13 September 2011, Special Orders 219 AR, issued by Departments of the Army and Air Force, NGB, Washington, DC withdrew Federal recognition from the applicant effective 1July 1993 by reason of transfer to the USAR.
12. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes that an officers name may be removed from a non-recommended list if he or she was not in an active status, or in an active status in error at the time of consideration. Promotion policy does not provide for the removal of non-selections by an RCSB except when directed by this Board.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his record should be corrected by removing his second non-selection for promotion to captain from his record was found to have merit.
2. The evidence confirms he requested resignation from the ARNG on 1 July 1993, but the State failed to withdraw his Federal recognition at the time. He was not selected for promotion to captain during this period due to this administrative error. The error was corrected by the National Guard Bureau on 13 September 2011 to show his Federal recognition was withdrawn. Therefore, he is entitled to have his record corrected.
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. showing that the orders withdrawing his Federal recognition effective 1 July 1993 were issued in a timely manner;
b. showing that as a result of the above correction his second non-selection to captain was void; and
c. expunging from his records all documents related to his second consideration and non-selection for promotion to captain.
_____________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) AR20110000832
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110023567
On 20 October 2011, the ABCMR corrected his records by: * Showing the orders withdrawing his Federal recognition effective 1 July 1993 were issued in a timely manner * Showing that as a result of the above correction his second non-selection to CPT was void * Expunging from his records all documents related to his second consideration and non-selection for promotion to CPT 13. c. he should be granted every opportunity to serve the OHARNG as a commissioned officer and considering the error...
ARMY | BCMR | CY2005 | 20050013113C070206
The ARPERSCOM, St. Louis, issued the applicant a promotion memorandum, dated 24 November 1999, announcing his promotion to captain with a promotion effective date and date of rank of 30 October 1999, the date after withdrawal of his Federal recognition and his transfer to the Individual Ready Reserve (IRR) on 29 October 1999. The applicant also stated that he was in the ARNG when promoted to captain on 29 October 1999. Records show the applicant should have discovered the alleged error...
ARMY | BCMR | CY2008 | 20080016770
The applicant requests, in effect, award of constructive credit for his 10 years of pastoral experience and adjustment to his dates of rank (DOR) for captain and major. In support of his application, the applicant provides copies of an Army Reserve Personnel Center-St. Louis (ARPC-SL) Form 1035 (Computation Sheet for Establishing Constructive Commissioned Service Date, DOR, and Projected Promotion Eligibility Date of Reserve Officers), two DD Forms 2088, his U.S. Army Reserve (USAR)...
ARMY | BCMR | CY2009 | 20090000512
He claims he resigned his commission so he would not be a non-select by an Army board and have a break in service. Chapter 9, Table 9-1 provides the regulatory civilian education requirements and states, in pertinent part, that a commissioned officer who received an initial appointment after 30 September 1983, who has no commissioned officer service before that date, must obtain a baccalaureate degree in order to qualify for promotion to the rank of major. The evidence of record confirms...
ARMY | BCMR | CY2006 | 20060009121C070205
At the time of his selection for promotion to major on 5 March 1991, he was an ARNG officer. The applicant was considered and not selected for promotion to major while on active duty. The applicant should have been considered for promotion to major by a mandatory Reserve promotion board one year after the date of his transfer to the IRR in 1994 and again in 1995.
ARMY | BCMR | CY2001 | 2001062876C070421
The applicant states that he was passed over for promotion to captain by the 1997 and 1998 selection boards, and the boards did not receive his microfiche that indicated he had a Bachelor of Science degree. He was promoted to captain with an effective date of 25 June 1998. The Board also concludes that under these circumstances the applicant was wrongfully denied pay and retirement points for National Guard service as a captain based on his unfair non-selection by the 1997 RCSB and his...
ARMY | BCMR | CY2014 | 20140016406
The applicant states: a. The applicant's record is void of orders or any evidence that shows his resignation was accepted and processed by AR-PERSCOM or that shows he was ever issued orders discharging him from the USAR Control Group. On 1 May 2014, the applicant submitted a request to HRC requesting his MRD be adjusted to account for his breaks in service from 19 January to 16 August 1993 and from 27 October 2003 to 2 November 2005.
ARMY | BCMR | CY2004 | 2004106064C070208
Army Regulation 135-175 states, in pertinent part, that officers in the grade of first lieutenant, captain, or major, who completed their statutory military 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. Army Regulation 350-100 (Officer Active Duty Service Obligations) states, in pertinent part, that officers graduating from the Special Forces Detachment Officer...
ARMY | BCMR | CY2003 | 2003084322C070212
She also states that she was denied promotion to major by the promotion board. Title 10, United States Code, section 14502(e)(2), specifies that promotion as a result of recommendation of an SSB convened under this section shall, upon such promotion, have the same date of rank, the same effective date for the pay and allowances of that grade as the officer would have had if the officer had been recommended for promotion to that grade by the mandatory selection board which should have...
ARMY | BCMR | CY2006 | 20060006293C070205
The applicant provides copies of his captain promotion memorandum, his memorandum requesting consideration by a special selection board (SSB), his active duty orders, his eligibility for promotion memorandum, and his Federal recognition and major promotion orders, in support of his application. He was promoted to captain effective 14 January 1999, with a corrected date of rank of 1 July 1998. A NGB Personnel Division official stated that the applicant was selected for promotion to captain...