BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110006476
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 consideration by a special selection board (SSB) for promotion to captain/pay grade O-3.
2. The applicant states his packet for promotion reviewed by the Fiscal Year 2011 Reserve Component, Captain, Army Promotion List (FY11 RC CPT APL) Board contained a material error that resulted in an injustice. At the time of the board his records were flagged for failure to conform with height/weight requirements. Prior to the board, he satisfied all height and weight requirements and his company commander and battalion S-1 attempted to remove the flag from his records. His packet erroneously showed a flag for height and weight at the time of review. He believes this is a material error and impacted the board's decision to reject his packet.
3. The applicant provides:
* a memorandum from his company commander, dated 20 March 2011
* a memorandum from his battalion commander, dated 20 March 2011
* his DA Form 705 (Army Physical Fitness Test (APFT) Scorecard)
* his Regional Level Application Software (RLAS) APFT data
* his RLAS data input page
* his RLAS personnel maintenance page
CONSIDERATION OF EVIDENCE:
1. He is a first lieutenant currently serving in the U.S. Army Reserve. He was promoted to first lieutenant on 1 February 2009.
2. In a letter, dated 20 March 2011, his unit commander supported his request for an SSB. His unit commander states that due to no fault of the officer, the records reviewed by the FY11 CPT APL Board were flagged for height/weight. Prior to the board, the applicant satisfied all requirements for promotion and he continues to satisfy these requirements today. He personally corrected this data in RLAS prior to review by the board. However, the board did not receive the update in time for its review. The applicant's records should not have been flagged for the FY11 CPT APL Board.
3. In a letter, dated 20 March 2011, his battalion commander supported his request for an SSB. His battalion commander states that due to no fault of the applicant, his records reviewed by the FY11 CPT APL Board were flagged for height/weight. Prior to the board, he satisfied all requirements for promotion and continues to satisfy these requirements today. His records should not have been flagged at the time of review.
4. An advisory opinion was obtained from the Chief, Officer Promotions, Special Actions, U.S. Army Human Resources Command (HRC), Fort Knox, KY, in the processing of this case. HRC recommended denial of his request for an SSB.
a. It was confirmed the applicant was considered fully eligible for promotion; however, he was not selected.
b. The reasons for his non-selection are unknown.
c. The decision to recommend an officer for promotion is based on the selection board's collective judgment as to the relative merit of an officer's overall record when compared to the records of other officers being considered.
d. It can only be concluded that the promotion board determined the applicant's overall record, when compared with the records of his contemporaries in the zone of consideration, did not reflect as high a potential as those selected for promotion.
e. Suspension of favorable actions or flagging information are not considered or made available to board members.
f. HRC is confident the applicant received fair and equitable consideration by the FY11 CPT APL Board. The decision not to select him for promotion is indicative of the very competitive nature of the promotion system.
5. A copy of the above opinion was provided to the applicant. No response has been received from him.
6. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) specifies that promotion consideration or 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. The regulation also provides that 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. The reason he was not selected for promotion to captain cannot be determined because promotion boards do not divulge the reason(s) for non-selection unless the individual is not qualified due to lack of required civilian and/or military schooling.
2. HRC indicated that flagging information is not made available to board members and therefore is not considered by the promotion board. Therefore, any flags he may have for height/weight requirements would not have been seen by the board members. The applicant provides insufficient evidence to show the promotion board did review any flagging information.
3. In view of the above, there is no material error in his failure to be selected for promotion. Therefore, there is no basis on which to have his records considered by an SSB.
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 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) AR20110006476
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006476
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130020493
On 19 December 2012, the Secretary of the Army directed removal of the applicant from the FY11, RC, CPT, AR Non-AGR, APL, Competitive Category, Promotion Selection List under the provisions of Title 10, U.S. Code 14310, Executive Order 13358, Secretary of Defense delegation to the Secretary of the Army dated 20 March 2006 and Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 3-18. (1) These boards are convened to...
ARMY | BCMR | CY2013 | 20130011893
In a separate 2-page addendum accompanying his Army Board for Correction of Military Records (ABCMR) application, the applicant states the critical factors (individually and collectively) that prevented him from having a smooth transition, development, and progress in the USAR, and which prevented him from meeting the minimum MILED requirements for promotion to MAJ, including: a. his relatively recent transfer from the USNR to the USAR; b. the timing of his accession into the USAR from the...
ARMY | BCMR | CY2012 | 20120004496
The applicant provides: * DA Form 2792 (Demographics/Certification) pertaining to his daughter * MPCCC-RC (Military Police Captains Career Course-Reserve Components) Phase I Fiscal Year (FY) 11 and MPCCC-RC-Phase III FY11 completion certificates * Request for Waiver of Military Education Requirements to the 2011 MAJ RC Army Promotion List (APL) memorandum * email from the Commander, Headquarters (HQ), USSOCOM (United States Special Operations Command) * Military Personnel (MILPER) Message...
ARMY | BCMR | CY2010 | 20100018522
Having prior enlisted service, the applicant's military record shows he was appointed as a U.S. Army Reserve (USAR) commissioned officer in the rank/grade of second lieutenant (2LT)/O-1 on 16 July 1986. On 28 September 2007 and 12 May 2010, the Chief, Office of Promotions, Reserve Components (RC), informed the applicant of the following: a. he was considered and selected for promotion to CPT by the 1993 CPT Department of the Army (DA) RC Selection Board (RCSB); however, a copy of the...
ARMY | BCMR | CY2011 | 20110006095
This memorandum confirmed the applicant had been selected for promotion to CPT with a promotion eligibility date of 18 August 2008. This official states if the applicant was promotion eligible upon release of the promotion list the earliest date he could have been promoted was 30 June 2008, the date he was assigned to a CPT position; however, orders were published promoting him on the date the Flag action was lifted. It states in the case of unit officers the effective date and date of...
ARMY | BCMR | CY2012 | 20120007618
She was a first lieutenant (1LT) in the Alaska Army National Guard (AKARNG). The Board obtained an advisory opinion from the National Guard Bureau (NGB) and mailed her a copy at her Alaska address. It is an unavoidable fact that some officers considered for promotion will not be selected for promotion.
ARMY | BCMR | CY2014 | 20140008758
ILE constructive credit was never a requirement for him to be educationally qualified. The advisory official states HRC is not the authority to grant credit for military education - this is very misleading because they are the office that marks the file educationally qualified. Officers not educationally qualified will not be selected for promotion.
ARMY | BCMR | CY2011 | 20110011053
The applicant states, in effect, she was erroneously not selected for promotion by the Department of the Army (DA) Promotion Board (twice) and she believes it was due to an Interactive Personnel Electronic Records Management System (iPERMS) error in her Official Military Personnel File (OMPF). She was considered a second time for promotion by the FY11 1LT-CPT DA board on 2 November 2010 and was non-selected for promotion and no reason was given. The evidence of record shows she was...
ARMY | BCMR | CY2013 | 20130019186
He completed his degree requirements before the Army Promotion List (APL) Board date and, due to an administrative error, Officer of Personnel Management did not update his civilian education records in the interactive Personnel Electronic Records Management System (iPERMS). Officer Personnel Management failed to submit his promotion file to the APL Board per Military Personnel (MILPER) Message Number 12-222 (Fiscal Year 2013, CPT, Army Reserve Active Guard Reserve, Army Reserve Non-Active...
ARMY | BCMR | CY2014 | 20140020982
c. Army Regulation 135-155 (ARNG and USAR Promotion of Commissioned Officers and Warrant Officers other than General Officers) lists the military education requirements for promotion selection. The memorandum states the records reviewed by the selection board did not indicate he had completed the required civilian and/or military education by the date the board convened. iPERMS shows that a legible copy of his college transcript was filed in his OMPF on 1 June 2011, 7 months after the...