IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110018274
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 amendment of his rank/grade at the time of retirement to major (MAJ)/O-4 and receipt of any associated pay.
2. He states:
a. In October 2009, he received the January 2010 Captain (CPT)/MAJ Army Medical Department Selection Board notification memorandum. He submitted all requested documents with the exception of an officer evaluation report (OER). He did not submit an OER because he was assigned to the Warrior Transition Unit (WTU) at Fort Jackson, SC, where he received medical treatment for more than 2 1/2 years. He asked that an OER be generated, but was told he was in a non-rated status because he was assigned to the WTU and an OER for the period was not required.
b. He sent a letter to the board president explaining the absence of an OER. At no time during the process was he asked to provide an OER. The board met on 5 January 2010 and he was not selected for promotion to MAJ/O-4.
c. On 24 August 2011, he contacted the office of promotions to inquire about why he was not selected for promotion. He was told he was educationally qualified but, due to the lack of an OER, he was not selected. He was informed that nothing could be done to correct the matter.
d. Through no fault of his own, he was placed in a non-rated status, and he feels the system failed him. A recommendation to promote him was made on all of his OER's. Even though this was his "early board," he met all qualifications for promotion.
3. He provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
* two OER's
* orders retaining him on active duty to participate in the Reserve Component Warriors in Transition Medical Retention Processing Program
CONSIDERATION OF EVIDENCE:
1. Following a period of enlisted service in the Army National Guard, the applicant was appointed as a Reserve commissioned officer of the Army in the rank/grade of first lieutenant/O-2 on 9 January 2003. His appointment was in the Medical Services (MS) Corps.
2. Effective 24 March 2005, he was promoted to CPT/O-3.
3. His OER for the period 5 January 2005 through 4 January 2006 shows he received ratings of "satisfactory performance, promote" and "fully qualified." OER's for the periods 5 January 2006 through 4 January 2007 and 5 January 2007 through 24 May 2007 show he received ratings of "outstanding performance, must promote" and "best qualified."
4. His record does not contain OERs covering periods subsequent to 24 May 2007.
5. His record shows he was deployed to Iraq from 8 August to 9 September 2007.
6. On 9 November 2007, the U.S. Army Human Resources Command (HRC), Alexandria, VA, issued Orders A-11-722279 directing him to report to the Warrior Transition Battalion, Fort Jackson, SC, on 15 November 2007. His record shows he was assigned to this unit until 6 June 2010 when he was retired for permanent disability in the rank/grade of CPT/O-3.
7. On 30 September 2009, HRC announced the Fiscal Year (FY) 2010 zones of consideration for MS CPT's. Below-the-zone consideration was to be given to U.S. Army Reserve (USAR) CPT's with dates of rank of 1 September 2004 to 31 August 2005.
8. Army Regulation 135-155 (Army National Guard and USAR Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states officers who have failed to be selected for promotion may be reconsidered for promotion by either a promotion advisory board or a special selection board, as appropriate. Special selection boards will not consider officers for below-the-zone promotion.
DISCUSSION AND CONCLUSIONS:
1. The record shows the applicant was eligible for below-the-zone consideration for promotion to MAJ/O-4 under the FY10 criteria for USAR MS CPT's.
2. A review of his record confirms that he did not receive an OER after 24 May 2007. He states he was told the absence of an OER was the reason he was not selected for below-the-zone promotion to MAJ. While this may be true, the governing regulation states special selection boards will not consider officers who have failed to be selected for below-the-zone promotion.
3. In view of the foregoing, there is no basis for reconsidering him for promotion to MAJ under the FY10 criteria for USAR MS CPT's or for correcting his record to show he held the rank/grade of MAJ/O-4 at the time of his retirement.
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) AR20110018274
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ABCMR Record of Proceedings (cont) AR20110018274
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