IN THE CASE OF:	  

		BOARD DATE:	    29 March 2012

		DOCKET NUMBER:  AR20110020120 


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 (CPT) by a special selection board (SSB).

2.  The applicant states, in October 2010 she updated her Officer Record Brief and Official Military Personnel File (OMPF) for the Fiscal Year 2011 CPT promotion board.  Additionally, she updated her official Department of the Army (DA) photograph so that it would mirror her OMPF and ORB.  For unknown reason, the DA photograph was not displayed in her promotion board file.

3.  The applicant provides:

* Email exchange regarding her DA photograph
* Two letters of support, two ORBs, and a self-authored letter
* Letter to the Department of the Army Suitability Evaluation Board (DASEB)
* DA Forms 67-9 (Officer Evaluation Report (OER)) for the periods 31 August 2009 - 12 July 2010 and 13 July 2010 - 2 May 2011

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a second lieutenant and executed an oath of office on 16 August 2007.  She completed the Engineer Basic Officer Leaders Course on 13 February 2008 and she was promoted to first lieutenant (1LT) on 16 February 2009.

2.  Her records show she was assigned to the 46th Engineer Battalion, U.S. Army Aviation Center of Excellence, Fort Rucker, AL.

3.  On 25 September 2009, the Commanding General, U.S. Army Aviation Center of Excellence, reprimanded the applicant for engaging in an inappropriate relationship with a junior noncommissioned officer in her platoon while deployed to Iraq.  An investigation later determined her relationship was improper.  After considering her rebuttal wherein she accepted full responsibility for her actions, the GOMOR was directed to be filed in the performance section of her OMPF.

4.  Although her OMPF is void of her non-selection for promotion to CPT letters, her 1 December 2009 1LT date of rank would have made her eligible for consideration for promotion to CPT by the Fiscal Year 2010 and 2011 promotion boards.

5.  On 28 October 2010, the DASEB voted to deny transfer of the GOMOR to the restricted section of her OMPF.

6.  On 9 June 2011, upon reconsideration, the DASEB granted her relief by directing the GOMOR be transferred to the restricted section of her OMPF.  The DASEB noted that this action was not considered retroactive and therefore did not constitute ground for reconsideration for promotion if previously non-selected.

7.  It appears she was considered by the Fiscal Year 2011 DA promotion Selection Board for promotion to CPT but she was not selected. 

8.  She provides:

	a.  email exchange with various individuals regarding her DA photograph. 

	b.  A letter, dated 27 July 2011, from the Deputy Commander, U.S. Army Combat Readiness Center, Fort Rucker, AL, who strongly recommends the applicant be considered for promotion by an SSB due to her impressive performance, competence, and leadership.  The author also chronicles some of her duties and describes her as a patient and compassionate leader who is also an asset to the Army.

	c.  A letter, dated 27 July 2011, from her battalion commander/senior rater who opines that she should be considered by an SSB.  The author highlights some of the applicant's responsibilities and states she is a strong leader who is capable of accomplishing any task to standard.

	d.  Her OERs for the periods 31 August 2009 through 12 July 2010 and 13 July 2010 through 2 May 2011 which show her rater rated her performance as "Outstanding Performance - Must Promote" and her senior rater rated her promotion potential as "Best Qualified." 

9.  An advisory opinion was obtained from the U.S. Army Human Resources Command on 31 October 2011 in the processing of this case.  An official stated the applicant is not entitled to promotion reconsideration by an SSB.  He added that:

	a.  A review of her board file affirms that both her ORB and DA photograph were available for consideration by the promotion board.  Had she requested a copy of the 2011 non-select board file, she would have verified that both her DA photograph, dated 24 November 2010, and her ORB, dated 8 November 2010, were included.  Both were included and available for view.  Further review confirmed the applicant viewed her board file on 28 November 2010 but she did not certify it.  

	b.  Promotion Board members are briefed and cautioned that some ORBs may contain incorrect information or incomplete data and that they must base their evaluations on the information contained in each officer's file that is furnished to the promotion selection board.  In addition, all officers in the zone of consideration are afforded an opportunity to submit correspondence to the President of the Board of possible administrative deficiencies in their records or to bring special attention to any matter they consider important to their consideration.  Failure to do so does not constitute material unfairness or material error. 

10.  She was provided with a copy of this advisory opinion but she did not respond.

11.  Army Regulation 600-8-29 (Officer Promotions) prescribes policies and procedures governing promotion of Army commissioned and warrant officers on the active duty list.  It states an SSB may be convened to consider or reconsider commissioned officers for promotion when Headquarters, Department of the Army discovers one or more of the following: an officer was not considered from in or above the promotion zone by a regularly scheduled board because of administrative error, including officers who missed a regularly scheduled board while on the temporary disability list and who have since been placed on the active duty list (SSB required); the board that considered an officer from in or above the promotion zone acted contrary to law or made a material error (SSB discretionary); or the board that considered an officer from in or above the promotion zone did not have before it some material information (SSB discretionary).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her records should be considered for promotion to CPT by an SSB because her DA photograph and ORB were not viewed by the promotion selection board.  

2.  A review of her board file affirmed that both her ORB, dated 8 November 2010, and DA photograph, dated 24 November 2010, were available for view and considered by the 2011 promotion board.  Further review confirmed the applicant viewed her board file on 28 November 2010 but she did not certify it.  

3.  Although the applicant's OERs show a solid performance and although her current battalion and brigade commanders recommend her records be considered by an SSB, she is not entitled to an SSB because she does not meet the criteria for an SSB.  In view of the foregoing evidence, 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)                                         AR20110020120



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ABCMR Record of Proceedings (cont)                                         AR20110020120



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