IN THE CASE OF:	  

		BOARD DATE:  8 March 2012

		DOCKET NUMBER:  AR20110011053 


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, in effect, consideration for promotion to captain (CPT) by a special selection board (SSB).

2.  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).  Her Officer Evaluation Report (OER) for the period 13 April 2009 to 12 April 2010, college diploma, and awards were missing from her OMPF during the first lieutenant (1LT) - CPT promotion boards.  When she reviewed her OMPF all documents were visible to her.  She was notified she was nonselected for promotion due to her diploma, awards, and most current OER not being in her OMPF.  Upon a second review of her OMPF on iPERMS it was established by her S-1 that the documents listed above were no longer in her OMPF.  She also states that she believes she would have been selected for promotion, if the documents had been in her OMPF.

3.  The applicant provides two DA Forms 67-9 (OER), a DA Form 1059 (Service School Academic Evaluation Report), orders, and two college transcripts.

CONSIDERATION OF EVIDENCE:

1.  Having prior service as an enlisted member in the U.S. Air Force and the Army National Guard (ARNG), the applicant's records show she was appointed as a second lieutenant in the Oregon ARNG Military Police (MP) Corps and executed the oaths of office on 3 April 2004.  She was reassigned to the Alaska ARNG (AKARNG) on 19 October 2005 and promoted to the rank of 1LT on 3 April 2006.

2.  She served on active duty in an Active Guard Reserve status with the AKARNG from 19 October 2005 to 30 September 2011.

3.  Her records contain six OERs covering rating periods from 2005 through 2010.  This includes a relief for cause OER for the period 3 July to 30 July 2007 in which she was relieved from her duties as an MP Platoon Leader due to being arrested for driving under the influence.  Her OER for the period 13 April 2010 through 12 April 2011 is not on file in her OMPF.  Her records contain several awards to include a Bronze Star Medal for the period 11 November 2007 to 11 April 2008.

4.  She was honorably discharged from the AKARNG and as a Reserve of the Army in the rank of 1LT on 30 September 2011.  Item 10a (Total Service for Retired Pay) of her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows 17 years, 10 months, and 19 days.

5.  On 31 January 2012, an advisory opinion was obtained from the NGB, Chief, Personnel Policy Division.  The advisory official recommended partial approval of the applicant's request and opined, in pertinent part, that:

	a.  The applicant was considered by the Fiscal Year (FY) 2010, 1LT - CPT DA promotion board on 3 November 2009.  She was non-selected for promotion due to "not being educationally qualified."  On 12 December 2009, she received a bachelor's degree which allowed her to achieve education qualification for promotion to CPT.  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.  As a result, she was separated from the AKARNG on 30 September 2011.

	b.  The applicant stated an OER, college diploma, and military awards were missing from her OMPF which resulted in her being a two-time non-select.  She claims the necessary documents were visible on "My Board File" at the time of the DA board but a second review after the board convened revealed the documents were no longer on file in iPERMS.  In accordance with Army Regulation 600-8-29 (Officer Promotions), paragraphs 7-11(a) and (e), "Officers who discover that material error existed at the time they were non-selected for promotion may request reconsideration"… "To determine if there is an error in the promotion file, the officer may request a copy of his or her file as considered by the promotion selection board from the Commander, Army Human Resources Command (HRC)."

	c.  After she was not selected for promotion by the FY11 DA board, she inquired about the appeal process and the AKARNG advised the applicant there was no basis for requesting an SSB as the applicant did not exercise reasonable diligence by ensuring all necessary documentation was in her OMPF prior to the selection board.

	d.  The advisory official also stated, based on the evidence provided and the timeline of documentation submission, it is recommended the Soldier be allowed to request reconsideration of an SSB in accordance with regulatory guidance.  The applicant should request a copy of her board file through HRC.  If she discovers her board file was missing documentation, which can be shown to have been submitted prior to the board, a request can be made to HRC to convene an SSB.  The State concurred with the recommendation.

6.  On 1 February 2012, the applicant was provided a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal; however, she did not respond.

7.  The applicant provides:

* An OER covering the period 13 April 2009 through 12 April 2010 for her duties as a management analyst with the AKARNG in which she received a "Satisfactory Performance, Promote" and "Fully Qualified" rating
* An OER covering the period 13 April 2010 through 12 April 2011 for her duties as a management analyst with the AKARNG in which she received an "Outstanding Performance, Must Promote" and "Fully Qualified" rating
* Orders showing she was awarded the Bronze Star Medal for exceptionally meritorious service during Operation Iraqi Freedom from 11 November 2007 through 11 April 2008

8.  Army Regulation 135-155 (promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve and Army National Guard officers.  This regulation specifies that promotion 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.  Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual’s non-selection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.  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 applicant contends she was told she was not selected for promotion twice due to her college diploma, awards, and most current OER not being in her OMPF.  

2.  The evidence of record shows she was considered but not selected for promotion by the FY10, 1LT - CPT DA board that convened on 3 November 2009 for not being educationally qualified.  She earned her bachelor's degree on 12 December 2009 making her educationally qualified for promotion to CPT at that time.  

3.  She was again considered and not selected for promotion by the FY11 1LT - CPT DA board that convened on 2 November 2010.  She was advised that no reason was given for the second non-selection.  She subsequently inquired about the process for promotion reconsideration by an SSB through the AKARNG and was advised there was no basis for the request as she did not exercise reasonable diligence by ensuring all pertinent documents were in iPERMS prior to the selection board.  She did not submit a request for promotion reconsideration to HRC.

4.  In accordance with regulatory guidance, it was the applicant's responsibility to review her board file, ORB, and/or OMPF before the board convened and to notify the board, in writing, of possible administrative deficiencies.  There is no evidence available that shows she did this prior to either promotion board or any evidence that shows documents may have been missing from her OMPF that may have resulted in her being non-selected for promotion.

5.  There is no evidence and the applicant did not provide any evidence that shows specific documents were missing from her OMPF and the absence of those documents resulted in her not being selected for promotion.  In view of the foregoing, she is not entitled to the requested relief.







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 that 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)                                         AR20110011053



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ABCMR Record of Proceedings (cont)                                         AR20110011053



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