IN THE CASE OF:
BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110015441
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 promotion consideration to the rank of major by a special selection board (SSB) under the Fiscal Year (FY) 2011 criteria.
2. The applicant states, in effect, that he has been denied the opportunity to have his records appear before an SSB under the FY 2011 criteria due to his application to the Department of the Army Suitability Evaluation Board (DASEB) being mailed to the wrong address and delayed in processing. He further states that had his application been processed earlier, the promotion selection board would not have been able to view the derogatory information in his file because it would have already been transferred to the restricted section of his official military personnel file (OMPF) and he may have been selected for promotion. Accordingly, he should be granted an exception to policy and afforded consideration by an SSB.
3. The applicant provides three memoranda for record, a copy of his request for an exception to policy for promotion reconsideration, and a copy of his request to transfer a general officer memorandum of reprimand (GOMOR) to the restricted portion of his OMPF.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the rank of captain and was attending the engineer command and staff course at Fort Leonard Wood, Missouri on 7 July 2005 when he was issued a GOMOR for cheating on an exam.
2. On 13 August 2010, he submitted a request to the DASEB to transfer the GOMOR to the restricted portion of his OMPF based on intent served. On 5 May 2011, the DASEB approved his request and directed that the GOMOR be transferred to the restricted portion of his OMPF. The DASEB also directed that the transfer did not constitute grounds for promotion reconsideration if previously nonselected.
3. Army Regulation 600-8-29, Officer Promotions, provides that officers who discover material error existed in their file at the time they were non-selected for promotion may request reconsideration by an SSB. Reconsideration will normally not be granted when the error is minor or when the officer, by exercising reasonable care, could have detected and corrected the error in the ORB or OMPF. It is the officers 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be granted consideration by an SSB based on the DASEB's delay in moving his GOMOR to the restricted section of his OMPF appears to lack merit.
2. The very fact that he waited until he was getting close to consideration for promotion before he submitted his request to the DASEB was a choice he made and there were never any guarantees associated with such a request nor was there any timeframe announced as to when his request would be acted upon by the DASEB.
3. It is a well known fact that not everyone considered for promotion is going to be selected. If such was the case there would be no need for a selection board. It is also a well known fact that statutory requirements prevent the disclosure of board proceedings to anyone not a member of the Board. While it is unfortunate that the applicant was not selected by that board, there does not appear to be any material error in his record at the time that would justify consideration by an SSB.
4. The fact that the DASEB approved the transfer of the GOMOR but did not do so earlier, or in time to have the GOMOR transferred before the selection board convened, does not constitute grounds for promotion consideration by an SSB nor does it imply that he would have been promoted. Accordingly, it appears that his records were properly constituted at the time the promotion board considered him for promotion and there does not appear to be any regulatory basis for granting him consideration by a 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 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) AR20110015441
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ABCMR Record of Proceedings (cont) AR20110015441
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