IN THE CASE OF:	  

		BOARD DATE:  5 June 2012

		DOCKET NUMBER:  AR20110021833 


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, correction of his military records by reinstating him in the U.S. Army Reserve (USAR) and promoting him to lieutenant colonel (LTC)/pay grade O-5.

2.  The applicant states he was "called back to active duty" from May 2006 to May 2008 as a major (MAJ)/pay grade O-4.

	a.  During that time he was concerned about his military educational requirements for promotion to LTC.  He called his personnel management officer (PMO); however, his PMO apparently had been reassigned and no one had taken over his duties.  He then checked his military records on-line which showed his promotion eligibility date (PED) was 27 January 2010.  Based on this information, he decided he had sufficient time to readjust to active duty before starting his training in the Command General Staff Officer Course (CGSOC) Intermediate Level Education (ILE) Common Core.

	b.  The applicant further states he was asked to volunteer for Task Force Charger in Afghanistan in November 2007.  He volunteered, but another unit was subsequently selected for this mission.  A few months later he contacted his new PMO and requested enrollment in the ILE.  At that time he was informed that the PED in his record was incorrect and he had already been passed over twice for promotion to LTC.  In response to this, he requested consideration for selective continuation.  His request was approved and he was promised another consideration for promotion to LTC.

	c.  During this time, the U.S. Army Human Resources Command (HRC) relocated from St. Louis, Missouri, to Fort Knox, Kentucky, causing the promotion board to be delayed.  During this delay, his 1 year of selective continuation had expired making him ineligible for promotion consideration.  Now he is back in the USAR and running a civilian business.  He did not know he could still fight this action.

	d.  The applicant states he is currently employed by a military contractor and is working at Fort Rucker, Alabama.  He was informed by his supervisor, a retired colonel, that he could request the Board for help.  If able to return to Reserve status, he would be willing to take any assignment and deploy to a war zone if required.

3.  The applicant provides copies of:

* email communications between himself and the USAR Command Inspector General, dated September 2011
* DA Form 1059 (Service School Academic Evaluation Report), dated 2 June 2010
* HRC Reserve Record, printed 9 July 2009
* Orders D-02-103109, HRC, dated 28 February 2011
* DA Form 67-9 (Officer Evaluation Report (OER)) for the period ending 7 May 2008
* DA Form 67-9 for the period ending 2 December 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant's Integrated Personnel Management System (iPERMS) record shows:

	a.  He was appointed as a commissioned officer on 23 August 1986.

	b.  He was promoted to MAJ/O-4 on 28 January 2003.

	c.  On 2 September 2008, he inquired at HRC about his PED and was informed he was enrolled in phase II of the ILE to start on 18 October 2008.  He was also told that he was in the primary zone of consideration for LTC for the current board.

	d.  On 16 October 2008, he cancelled his class due to a job conflict.

	e.  He was informed on 20 May 2009 that he was in danger of being passed over for promotion because he had not yet met the ILE requirement.  He was also informed that he was coming close to his mandatory release date (MRD).  His reservation for ILE had been cancelled by person(s) unknown.  A new class date was requested.

	f.  The applicant attended phase I of the ILE from 6 to 19 July 2009.  On 14 July 2009, he requested enrollment in phase II of the ILE.  His class was scheduled for 17 October 2009 to 10 May 2010 at Fort Benning, Georgia.

	g.  On 5 August 2009, the applicant was determined not to be educationally qualified by the 2009 LTC promotion board.

	h.  On 17 September 2009, he requested to cancel phase II ILE attendance and to be enrolled in the course at Dobbins Air Force Base.  He was so enrolled.  On 23 September 2009, he cancelled the scheduled training and asked to be put on the "waiting list" at Montgomery, Alabama.

	i.  On 21 January 2010, he was again notified of his non-selection for promotion to LTC.  He was also approved for selective continuation through the end of August 2010.

	j.  On 28 May 2010, the applicant satisfactorily completed phase II of the ILE.

	k.  On 7 July 2010, he was informed that the next LTC promotion board would be in October 2010.  He was advised to check back with HRC in August to review his file.

	l.  On 12 August 2010, the applicant was informed that he would not be considered by the October promotion board because his MRD was extended only through the end of August 2010.

2.  In the processing of this case, an advisory opinion was obtained from the Chief, Department of the Army Promotions, Special Actions, HRC, Fort Knox.

	a.  The opinion stated the applicant was promoted to MAJ on 28 January 2003.  Accordingly, his PED for LTC was 27 January 2010 based on a maximum of 7 years of time in grade as a MAJ.  The 2007 LTC board considered officers with a date of rank (DOR) of 31 March 2003 and earlier.  The 2008 LTC board considered officers with DOR's of 31 March 2004 and earlier.  The 2009 LTC board considered officers with DOR's of 31 March 2005 and earlier.  The applicant was properly considered by the selection boards.  Because he had not completed ILE, he did not meet the educational requirement and was not selected for promotion.

	b.  Prior to promotion consideration, a military personnel message is sent to each officer who will be considered for promotion to LTC.  The officer is afforded the opportunity to request a military educational waiver if he is not educationally qualified.

	c.  The applicant's iPERMS record contains a transactions entry, dated 2 September 2008, indicating he had been enrolled in phase II of the ILE with a starting date of 18 October 2008 and he was informed he was in the primary zone of consideration for promotion.  Two days prior to the starting date of the class, he cancelled the training due to a job conflict.

	d.  The applicant is not eligible for reconsideration for promotion because he did not take the opportunity to complete the required education, request a waiver prior to board consideration, or present any documentation that is a basis for special selection board consideration.

	e.  The applicant was selected for retention to attain 24 years of commissioned Reserve service by a selective continuation board in 2009 with an expiration date of August 2010.  During the period of his continuation, he completed the ILE prior to the convening date of the Fiscal Year 2010 promotion board.  However, he was removed from board consideration because he was past his MRD.  He was subsequently discharged from a military status on 28 February 2011 due to promotion non-selections.

3.  On 5 January 2012, a copy of the advisory opinion was sent to the applicant for his information and opportunity to submit a rebuttal statement.  No response was received.

4.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) provides policy for selecting and promoting commissioned officers of the USAR.

	a.  Commissioned officers must complete 50-percent of the CGSOC not later than the day before the selection board convening date to qualify for promotion selection to LTC.

	b.  An officer who is twice non-selected for promotion by a mandatory Reserve of the Army selection board must be removed within the prescribed time limits.  Subject to the needs of the Army, officers pending separation because of having twice failed to be selected for promotion to LTC may be selectively continued in their present grade.  Selectively continued officers, if otherwise eligible, will continue to be considered for promotion until separation.  Continuation for MAJ will normally be for 3 years from the approval date of the selective continuation board.  However, continuation may not extend beyond the date on which the officer completes 24 years of commissioned service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to reinstate him in the USAR and promote him to LTC.  He contends he was promised another consideration for promotion in 2010.

2.  The evidence of record clearly shows the applicant was not educationally qualified in 2009 for promotion to LTC.  Furthermore, he did not become so qualified until May 2010.  The available records further show the applicant cancelled the required training several times but does not offer reasons to justify such action.  There is no available evidence showing he ever requested a waiver of this educational requirement or that he had any justifiable reason to do so.

3.  The evidence of record also shows he was given an extension of his MRD to the end of August 2010.  However, the next available promotion board was not convened until October 2010, which was after his MRD.  Therefore, he was no longer eligible for promotion consideration.

4.  Implicit in the Army's promotion system is the universally-accepted principle that officers have a responsibility for their own careers.  The general requirements and workings of the system are widely known and specific details, such as selection board dates, eligibility requirements, and promotion zones are widely published in official and quasi-official publications and official communications.  Given that the applicant was commissioned in the USAR in 1986 and became an MAJ in 2003, he knew or should have known that he must complete the ILE prior to 7 years of time in grade as an MAJ in order to meet the educational requirement for promotion consideration.  His failure to complete the ILE in time to be considered for promotion was due to his repeated scheduling, cancelling, and rescheduling of the class.  It was not due to an incorrect posting of his PED or MRD.

5.  In view of the above, the applicant's request should be denied.



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)                                         AR20110021833



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ABCMR Record of Proceedings (cont)                                         AR20110021833



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