BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120005333 


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 revocation of Orders C-02-102735, issued by the U.S. Army Human Resources Command, Fort Knox, KY (HRC-Fort Knox), dated
22 February 2011, assigning him to the Retired Reserve, and reinstatement in the Individual Ready Reserve (IRR).  He also requests reconsideration for promotion to lieutenant colonel (LTC) by a Special Selection Board (SSB).

2.  He states:

	a.  Orders C-02-102735 changed his status from IRR to retired status, effective 22 February 2011.

	b.  he cannot request reconsideration of his promotion board packet on the basis of material unfairness and material errors as authorized under Title 10, U.S. Code.

	c.  the Chief, Officer Promotions Section, HRC-Fort Knox, advised him to apply to the Army Review Boards Agency (ARBA) to request an SSB as required by Title 10, U.S. Code.  Further guidance provided that SSB's for "former officers" without directive from ARBA are unable to happen.

3.  He provides: 

* Timeline
* Army Training Requirements and Resources System (ATRRS) Identification Request
* Installations, Logistics, and Environment Distance Learning (DL) Instructions
* Military Personnel (MILPER) Message Number 09-019
* MILPER Message Number 10-036
* Email correspondence

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a U.S. Army Reserve (USAR) second lieutenant on 7 March 1989, with concurrent call to active duty.

2.  He was promoted to first lieutenant on 7 March 1991 and to captain on 1 April 1993.

3.  A review of his records in the interactive Personnel Electronic Records Management System (iPERMS) indicates he completed the Combined Arms and Services Staff School (CAS3) on 19 February 1998.

4.  He was released from active duty (REFRAD) on 31 August 1999 under the provisions of Army Regulation 600-8-24 (Officers Transfers and Discharges), paragraph 2-5, by reason of the early release program – Voluntary Separation Incentive.  On the following day, he was transferred to the USAR Control Group (Reinforcement).  At the time of his REFRAD he had completed 10 years,
5 months, and 24 days of creditable active service.

5.  He was promoted to major (MAJ) on 31 January 2003.

6.  On 18 October 2006, he completed an AHRC Form 4145 (Election of Options – Military Service Obligation) and elected to remain a member of the IRR.  He acknowledged he understood that while assigned he was subject to mobilization, that he had the right to submit an unqualified resignation at any time in the future, and that such request would be based on the needs of the Army at that time.

7.  He submitted a timeline covering the period 2006 to 2011 wherein he indicates there were multiple administrative errors that caused his promotion board packet not to be considered.  He states he was not educationally qualified in regard to completing 50% of the Combined General Staff Officer Course (CGSC)/Intermediate-Level Education (ILE).  The timeline indicates:

	a.  by email, dated 12 December 2006, he was informed his ATRRS application for SkillPort had been approved and his SkillPort account had been created.  He contends:


		(1)  he followed the Army Knowledge Online (AKO) link and information to self-enroll in ATRRS in order to complete the CGSC/ILE and meet military education requirements prior to the 2007 LTC (below the zone) board.

		(2)  he contacted the ATRRS Help Desk when he was unable to find CGSC/ILE in the course catalog, but he was not provided the information required to enroll.

		(3)  he received no email from HRC personnel, automated notification, or a MILPER message regarding the 2007 LTC promotion board.  Regardless of his due diligence, the lack of information made it impossible for him to prepare his packet for the 2007 LTC promotion board.

		(4)  when he attempted to complete CGSC/ILE prior to the 2008 LTC promotion board (in the zone), he was unable to access ATRRS with his AKO username and password through the link he had previously used.  He did not have a point of contact (POC) to provide information regarding CGSC/ILE enrollment, but he exercised due diligence to the extent available AKO information and links allowed.  His effort to enroll and complete CGSC/ILE was unsuccessful.

	b.  he did not receive automated notification or a MILPER message regarding the 2008 LTC promotion board (in the zone).  In an email, dated 5 February 2008, a civilian named L.D. informed him that his records did not indicate he was military educationally qualified for the upcoming promotion board.  He was advised that a Soldier who is non-educationally qualified for promotion had no chance of being selected for promotion.  He was told to send documents to show he completed 50% of CAS3 for the LTC Army Promotion List (APL) Board, Associate Logistics Executive Development Course (ALEDC)/Logistics Executive Development Course (LEDC), and CGSC.

	c.  by email, dated 23 February 2008, he informed L.D. he completed CAS3, but he had not completed CGSC.  He inquired whether CGSC was DL and asked how he should proceed.  He contends he requested support, but L.D. did not follow-up nor did she provide information regarding CGSC/ILE enrollment requirements or processes, including support links and how to access CGSC/ILE without a Common Access Card (CAC).

	d.  he received no automated notification regarding the 2009 LTC promotion board (above the zone).  He reviewed his records and completed the Virtual Screening Process in AKO.  He stated there were several errors, especially the error indicating he was not enrolled or completed CGSC/ILE.


	e.  he received an email from MAJ J.L.S. that included the MILPER message for the board convening on 5 May 2009.  In an email, dated 20 March 2009, MAJ J.L.S. informed the applicant that his board file was not educationally qualified to be seen by the LTC promotion board.  MAJ J.L.S. also informed him to forward a DA Form 1059 (Service School Academic Evaluation Report) from DL ILE and if he completed Phases I and II of ILE, he would have to request a military education waiver to qualify for the LTC promotion board.  He was provided websites to find the instructions to request a waiver.  He contends the websites required authorization including CAC access and contained misleading and conflicting results.  

	f.  he responded to MAJ J.L.S.' email on 30 December 2009 and informed her that he did not check this email account often and this was the first time he was doing so in months.  As a result, it appeared he missed the opportunity for promotion.  He inquired how he could proceed at this point.  He contends he found the requirements were impossible to meet as an IRR officer and he needed HRC support.

	g.  by email, dated 22 January 2010, he again requested support from MAJ J.L.S., but she did not follow-up or provide any information regarding CGSC/ILE enrollment.  On the same date, MAJ J.L.S. responded to his email and informed him that she was no longer working in the Army Medical Department (AMEDD) as of June 2009.  The applicant was also informed his email was forwarded to MAJ P.  He was advised to read the last MILPER message and to examine his records to ensure all necessary documents were present for the next promotion board.

	h.  by email, dated 7 April 2010, he was notified of the 2010 LTC AMEDD Medical Service (MS) Non-Active Guard Reserve (AGR) Board that would convene on 13 April 2010.  He was informed he could review his board file from 12 February to 7 April 2010 and he was above the zone for promotion.  He was also informed that his branch manager was his primary POC during the process.  He again requested CGSC/ILE information and enrollment support.  At the time of HRC's consolidation at Fort Knox, KY, support had improved and he received instructions for the first time.

	i.  by email, dated 3 March 2011, he was notified of the 2011 LTC AMEDD MS Non-AGR Promotion Selection Board.  He was informed he could review his board file online from 3 March to 26 April 2011 and he was above the zone.  He was again informed that his assignment manager was his primary POC and he could update his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).  He contends he never received CGSCO/ILE enrollment information or instructions from MAJ P. and the applicability of the CGSC/ILE requirement at this time was never addressed.

	j.  by email, dated 19 April 2011, he was informed he was removed as a candidate from the 2011 LTC AMEDD MS Non-AGR Promotion Selection Board.  He contends he received no additional follow-up or information until he was notified of being placed in the Retired Reserve.  He obtained clarification through HRC-Fort Knox of his status that resulted from him being twice passed over for LTC in the USAR and not selected for Selective Continuation.  He was informed that if he had at least enrolled in CGSC/ILE at 50% with a waiver, his packet would have been educationally qualified to be considered by the promotion board.

8.  Orders C-02-102735, dated 22 February 2011, released him from the USAR Control Group (Reinforcement) and reassigned him to the Retired Reserve, effective 22 February 2011.  These orders indicate the reason for reassignment to the Retired Reserve as "non-selection for promotion."  

9.  In a memorandum, dated 4 January 2012, the applicant submitted a request to the Chief, Officer Promotions Section, Fort Knox, for promotion board reconsideration for LTC.

10.  In an email, dated 12 January 2012, HRC-Fort Knox informed him that since he was in a retired status, he would have to apply to ARBA to request the SSB.

11.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for promotion of Reserve officers.  The regulation provides that:

	a.  Mandatory selection boards will be convened each year to consider Army Reserve officers in an active status for promotion to captain through LTC.

	b.  Promotion advisory boards and SSBs will be convened on an "as needed" basis to reconsider officers who were either improperly omitted from consideration due to administrative error, or who were non-selected for mandatory promotion as a result of material error.

	c.  In order to be promoted to LTC an individual must have completed 7 years of time in grade as a MAJ and the military education requirement is 50% completion of CGSC or equivalent on or before the convening date of the respective promotion board.  This regulation also specifies that promotion consideration/reconsideration by an SSB may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration.  The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required civilian and/or military schooling.

	d.  An officer who twice fails to be selected for promotion to the grade of CPT, MAJ, or LTC will be removed from active status unless subsequently placed on a promotion list, selected for continuation, or retained under any other provision of law. 

12.  Department of the Army Pamphlet 600-3 (Commissioned Officer Professional Development and Career Management) provides:

	a.  Every officer is responsible for his or her own self-development.  Self-assessment and taking appropriate remedial or reinforcing action is critical to a leader's success.  Self-development programs include activities that stretch the individual beyond the demands of on-the-job or institutional training.  Self-development, consisting of individual study, research, professional reading, practice and self-assessment, is accomplished via numerous means (studying, observing and experiencing), and is consistent with an officer's personal self-development action plan and professional goals.  Self-development is the key aspect of individual officer qualification that solidifies the Army leader development process.

	b.  Every officer should review his or her record for military schools that have been completed.  Enrollment into resident and nonresident schools should be accomplished in a timely manner to ensure successful completion of military education requirements.  Career management officers (CMO) are not responsible for ensuring that managed officers complete the requirements; however, they play an important role in monitoring the officer's progress until the course is successfully completed.

	c.  The most critical factor in an officer's development is his or her willingness to participate in leader development over an extended period of time.  The successful Army Reserve officer keeps his or her CMO informed of the type of 
duty, training and education that best conforms to the officer's attributes, interests and professional development needs.  Although statutory and regulatory requirements for participation in education and training exist, the Army Reserve remains a volunteer organization.  Ideally, every officer participates in educational opportunities to the maximum extent possible within the funding constraints that exist within the Army Reserve environment.  It is also realized that Army Reserve officers are constrained by civilian employment, family considerations, and community responsibilities.  However, Army Reserve officers must make every attempt to participate consistently in training and education opportunities.  Failure to do so may result in the officer's administrative elimination from the service through either voluntary or involuntary means (board action).

DISCUSSION AND CONCLUSIONS:

1.  The applicant was fairly considered twice for promotion to LTC and not selected.  He has not shown error, injustice, or inequity for the relief he now requests.  Without evidence to show otherwise, it is presumed the applicant was properly considered for promotion.

2.  His service record is void of evidence that indicates his release from the IRR and reassignment to the Retired Reserve was in error or unjust.  Therefore, there is no basis for reinstating him in the AGR program.

3.  Ultimately, every officer is responsible for his or her own self-development.  The AKO website is updated with current information regarding DL and upcoming promotion boards on a consistent basis.  His contentions that the lack of information made it impossible for him to prepare his packet for the LTC promotion board are acknowledged; however, he has not provided any evidence, other than his self-authored statements, to confirm he attempted to enroll in the CGSC/ILE.  He was advised as early as February 2008 that he had not fulfilled his military education requirement for promotion to LTC.

4.  Based on Army Regulation 135-155, in order to be promoted to LTC an individual must have completed 7 years of time in grade as a MAJ and the military education requirement is 50% completion of CGSC or equivalent on or before the convening date of the respective promotion board 

5.  The evidence of record shows he completed CAS3 in 1998.  However, there is no corroborating evidence that reasons beyond his control interfered with his completion of 50% of the CGSC or equivalent.  

6.  He was considered, but not selected by the 2010 and 2011 LTC AMEDD 
Non-AGR Promotion Selection Boards.  His service record is void of evidence that shows he was selected for Selective Continuation.  As a result, he was released from the USAR Control Group (Reinforcement) and he was reassigned to the Retired Reserve, effective 22 February 2011.

7.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20120005333



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ABCMR Record of Proceedings (cont)                                         AR20120005333



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