BOARD DATE: 27 October 2011
DOCKET NUMBER: AR20110009371
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 for promotion to captain by a Special Selection Board (SSB) under the Fiscal Year 2011 (FY11) criteria.
2. The applicant contends the Mississippi Army National Guard (MSARNG) took more than 4 months to get his records transferred to the U.S. Army Reserve (USAR) and he missed the regularly scheduled selection board for captain.
3. The applicant provides:
* an extract from an MSARNG pamphlet on preparing a request for conditional release
* his DD Form 366 (Request for Conditional Release) and his 9 July 2010 memorandum requesting conditional release
* his company commander's 1 October 2010 favorable recommendation
* his battalion commander's 21 October 2010 unfavorable recommendation
* his brigade commander's 28 October 2010 unfavorable recommendation
* the MSARNG Adjutant General's 6 December 2010 conditional approval of his request
* his 15 December 2010 separation orders from the MSARNG
* his 11 February 2011 request to the Special Actions Branch, MSARNG concerning his non-consideration by the November 2010 promotion board
CONSIDERATION OF EVIDENCE:
1. The applicant was a University of Southern Mississippi Reserve Officers' Training Corps (ROTC) graduate. He had been commissioned and he was serving as an MSARNG first lieutenant. On 9 July 2010, he requested a conditional release so that he may accept an appointment in the USAR. He made this request in order to pursue his civilian and military careers in closer proximity to his Orlando, FL home. He had neither property nor a residence in Mississippi.
2. On 1 October 2010, his company commander recommended approval of his request; however, his battalion and brigade commander recommended disapproval.
3. On 6 December 2010, the MSARNG Adjutant General granted conditional approval of the applicant's request. To finalize the transaction the applicant needed to provide the appointment order and oath of office from the gaining USAR command.
4. On 13 December 2010, the applicant was separated from the ARNG and he was transferred to a USAR unit in Orlando, FL.
5. During the processing of this case, on 29 August 2011, an advisory opinion was obtained from the Chief, Officer Promotions, Special Actions, U.S. Army Human Resources Command, Fort Knox, KY. The advisory official recommended approval for consideration of promotion to captain by an SSB under the FY11 criteria. The official opined that relief was warranted based upon the commands failure to process his request in a timely manner.
6. On 30 August 2011, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
7. Army Regulation 135-155 (ARNG and USAR - Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides that officers and warrant officers who have either failed of selection for promotion, or who were erroneously not considered may be considered by an SSB.
DISCUSSION AND CONCLUSIONS:
1. It took from 9 July to 6 December 2010 for the MSARNG to process the applicant's request for conditional release and 8 days for him to get the process completed.
2. The applicant was erroneously not considered for promotion because of the delay in handling his request for conditional release from the ARNG.
3. Therefore, the applicant should be considered for promotion to captain by an SSB under the FY11 criteria and, if selected, promoted with an effective date and a date of rank as if selected by the original 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 the applicants records to a duly-constituted SSB for consideration for promotion to captain under the FY 2011 captain promotion selection board criteria;
b. if selected for promotion by the SSB, his records be further corrected by promoting him to captain based on his assigned promotion sequence number with the appropriate date of rank, and with all due back pay and allowances, or by assigning him the appropriate promotion sequence number for future promotion purposes; and
c. if not selected, appropriately notifying the applicant.
________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.
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