IN THE CASE OF:	  

		BOARD DATE:	    1 December 2011

		DOCKET NUMBER:  AR20110013408 


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 a special selection board (SSB) for captain under the criteria of the fiscal year (FY) 2011 Captain Promotion Board for first lieutenants on the active duty list (ADL).

2.  The applicant states the 1 December 2010 Captain Selection Board considered a general officer memorandum of reprimand (GOMOR) that he received while in an enlisted status.  This was a material error as this document should have been transferred to his restricted file upon his appointment as a commissioned officer.

3.  The applicant provides a memorandum with seven enclosures from his counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant be granted a special selection board for promotion to captain based on the FY 2011 Captain Promotion Board criteria.

2.  Counsel states the FY 2011 Captain Promotion Board considered an enlisted reprimand in violation of Army Regulation 600-8-104 (Military Personnel Information Management/Records).  Human Resources Command (HRC) denied a request for an SSB stating his My Board File was neither viewed or certified as directed in Military Personnel (MILPER) Message Number 10-234, issued 
13 September 2010.

3.  Counsel states the applicant was not required to review and certify a My Board File for promotion to first lieutenant.  He was not aware he had to do this for promotion to captain.  If he had done so, he would have realized the reprimand was improperly filed and requested that it be moved to his restricted file.  No one ever talked to the applicant to ensure he reviewed and certified his My Board File.  Counsel blames the applicant's chain of command for not coaching him through his first competitive promotion board.  HRC failed the applicant by not properly filing the reprimand in his restricted file.  

4.  Counsel provides a memorandum with seven enclosures.

CONSIDERATION OF EVIDENCE:

1.  He was commissioned a second lieutenant in the Regular Army on 9 May 2008.  He had previously served 7 years, 4 months, and 25 days in the U.S. Army Reserve in an enlisted status.  He was promoted to first lieutenant on 
30 November 2009.

2.  While in a enlisted status, he received a GOMOR, dated 5 June 2006.

3.  A review of restricted portion of his official military personnel file (OMPF) on iPERMS (integrated Personnel Electronic Records Management System) shows that a Noncommissioned Officer Evaluation Report (NCOER) was added to his OMPF on 7 September 2006.  The GOMOR, dated 5 June 2006, was added to his OMPF on 2 June 2010.

4.  On 1 December 2010, the FY 2011 Department of the Army Selection Board for Captain convened.  He was in the primary zone for consideration.  He was considered and not selected for promotion.

5.  On 2 April 2011, he requested an SSB based on the FY 2011 Captain Selection Board criteria because a GOMOR he received in an enlisted status was improperly filed in the performance section of his OMPF.

6.  HRC denied his request for an SSB because his My Board File was neither viewed nor certified as directed in the MILPER message and showed a lack of diligence on his part.

7.  MILPER Message Number 10-234 announced the FY11 Captain, Army Competitive Category Promotion Board zones of Consideration.

	a.  Paragraph 6B states "Officer must review and certify their board files electronically through My Board File."
	b.  Paragraph 6E states "MPD/PD/BCT/S-1's and commanders should ensure that all eligible officers access, thoroughly review, and certify their board file.

8.  Paragraph 3-4f(1)(a) of Army Regulation 600-37 (Unfavorable Information) states if a  status change from enlisted to commissioned or warrant officer was approved on or after 16 December 1980, letters of reprimand, admonition, or censure received while in an enlisted status which are filed in the
performance portion of the OMPF will be moved to the restricted portion of the OMPF.

9.  Paragraph 7-3 of Army Regulation 600-8-29 (Officer Promotions) states an officer will not be considered or reconsidered for promotion by an SSB when an administrative error was immaterial, or the officer, in exercising reasonable diligence, could have discovered and corrected the error in the Officer Record Brief (ORB) or OMPF.  The ORB is a summary document of information generally available elsewhere in the officer’s record.  It is the officer’s responsibility to review his or her ORB and OMPF before the board convenes and to notify the board, in writing, of possible administrative deficiencies in them.

10.  Army Regulation 600-8-104 provides the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System.

	a.  Paragraph 2-7a(4)(a) states when enlisted Soldiers are appointed as commissioned or warrant officers, their enlisted OMPF will be collocated with their new officer OMPF.  The enlisted OMPF, however, will not be released to officer selection boards.  Awards and decorations will be transferred to the newly created officer P fiche (performance section). 

	b.  Paragraph 2-7a(4)(c) states enlisted performance, commendatory, and disciplinary data, except for awards and decorations, will be filmed on a “special” R fiche for enlisted Soldiers changing to officer status.

DISCUSSION AND CONCLUSIONS:

1.  The fact that the GOMOR he received in an enlisted status was reviewed by the captain promotion board is material error.  The GOMOR should have never been filed in the performance section of his officer OMPF and it should not have been released to the promotion board.

2.  Both HRC and the applicant share the fault for the enlisted GOMOR being submitted to the FY 2011 Captain Selection Board.   

3.  The applicant failed to review his My Board File as directed by the MILPER message prior to it going before the promotion board.  His counsel contends the applicant did not receive sufficient counseling and assistance in preparing for his first promotion board.

4.  HRC failed to properly file the GOMOR in the restricted file.  The regulation is clear in that, with the exception of awards and decorations, records from a member's enlisted status are not to be released to an officer promotion board.

5.  A review of iPERMS shows the GOMOR was added to his OMPF on 2 June 2010.  Because this was a GOMOR received while in an enlisted status the GOMOR should have been filed in the restricted section of his OMPF.

6.  While HRC states it was the applicant's responsibility to review his My Board File, it is also reasonable for him to presume records from his enlisted status would not be placed before an officer promotion board.  HRC did not provide a reasonable explanation as to why a GOMOR was added to his OMPF 4 years after it was issued or, because he received it while he was in an enlisted status, it was not properly filed in the restricted portion his OMPF.

7.  In view of the above, it be equitable to have his records reconsidered for promotion to captain by an SSB, with the GOMOR no longer on his performance fiche, under the criteria of the FY 2011 Captain Selection 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 his records to a duly-constituted Special Selection Board for reconsideration for promotion to captain under the criteria of the FY 2011 Captain Promotion Board;
	b. further correcting his records, if he is selected for promotion, by promoting him to captain and assigning the appropriate date of rank;

	c.  if selected, pay him any back pay and allowances due; and

	d. notifying him accordingly if he is not selected for promotion.



      __________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)                                         AR20110013408



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ABCMR Record of Proceedings (cont)                                         AR20110013408



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