IN THE CASE OF:	  

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20120007794 


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 removal of any reference to non-selection for promotion to major (MAJ) from her records.  In effect, she requests consideration for promotion to MAJ by a special selection board (SSB).

2.  The applicant states she was considered for promotion from captain (CPT) to MAJ by the 2011 Army Promotion List (APL) board but she was not selected by reason of not being educationally qualified.  The DA Form 1059 (Service School Academic Evaluation Report) that shows completion of the CPT's Career Course was missing from her records despite the fact that her unit uploaded this form approximately 45 days prior to the cut-off date.  As a result, her promotion to MAJ will be delayed by at least 1 year due to no fault of her own. 

3.  The applicant provides her DA Form 1059 and an electronic printout of Department of the Army Board Results that show the applicant's first promotion pass over.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant and she executed an Oath of Office on 30 May 1998.

2.  She entered active duty on the same date and subsequently completed the Quartermaster (QM) Officer Basic Course.  She was promoted to first lieutenant on 30 November 1999.  
3.  She was honorably released from active duty on 15 September 2001 and transferred to the Georgia Army National Guard (GAARNG).  She was promoted to CPT on 15 May 2002.

4.  On 10 July 2005, she was honorably discharged from the ARNG and transferred to the U.S. Army Reserve Control Group (Reinforcement).  

5.  She was again appointed in the GAARNG and executed an Oath of Office on 15 December 2009.  She was extended Federal recognition for this appointment and assigned to the 265th Regional Support Group, Atlanta, GA.

6.  She attended Phase 3 of the QM CPT's Career Course from 7 November to 19 January 2010.  

7.  Military Personnel (MILPER) Message Number 10-329, dated 17 December 2010, announced the policy, criteria, and zones of consideration for the Fiscal Year 2011 (FY11) MAJ APL Competitive Category Promotion Selection Board.  The MILPER Message stated:

	a.  In accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers), the military education (MILED) requirements for promotion selection to MAJ are outlined in Table 2-3.  MILED and civilian education must be completed no later than the day before the board convenes (8 March 2011).  The MILED requirement is completion of any officer advanced course or CPT's Career Course.  The evidence of completion is the DA Form 1059.  Officers not educationally qualified will not be selected for promotion.

	b.  The promotion board will utilize the My Board File (MBF) application which is comprised of the official photograph, officer record brief, and documents from the performance section of the official military personnel file. 

	c.  Officers may review their official file through the Human Resources Command website.  In order for the MBF to be updated, the officer must first correct the items in their official file through their servicing S-1.  Officers may view their MBF by clicking on the "My Record Portal" using their "Army Knowledge Online" user name.  Failure to comply with the instructions in the MILPER Message will be viewed as lack of due diligence on the officer's part.  

	d.  Officers must provide missing documents that are in their possession or make a reasonable attempt to retrieve missing documents.  Again, failure to comply may demonstrate a lack of diligence on the officer's part.  All documents must be submitted using the correct process no later than 15 February 2011.  The MBF will close 5 days prior to the convene date of the board scheduled for 
8 March 2011.  The board file opens on 8 January 2011 and closes on 1 March 2011. 

8.  MILPER Message 11-007, dated 7 January 2011, amended the above MILPER Message and provided additional guidance to ARNG Soldiers.  It stated that ARNG officers must submit missing non-official personnel file documents through their State or Territory Officer Management Branch.  Although the official military personnel file is used to create the MBF officers must check their MBF as this is their official file for consideration.  Officers must concentrate on the MBF. 

9.  The Integrated Web Services (IWS), a web-based collection of data, applications, and tools to assist Career Managers and other Human Resource Personnel in supporting Soldiers, with its principal IWS application as the Soldier Management System (SMS), shows her DA Form 1059 was added to her official records on 23 March 2011. 

10.  She was considered for promotion to MAJ by the FY11 APL board that convened from 8 to 24 March 2011 and released in or around October 2011 but she was not selected.  

11.  On 16 August 2011, she changed her branch from QM to logistics.  She was also extended Federal recognition for this branch transfer. 

12.  She provides an official printout, dated 26 October 2011, that shows she was not selected for promotion to MAJ by reason of not being educationally qualified. The printout shows this was her first passover for promotion.

13.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve officers.  Table 2-3 states the MILED requirement from CPT to MAJ is completion of any officer advanced course or CPT's career course. It also states SSBs 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 APL (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.  Implicit in the Army's promotion system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers.  The applicant knew or should have known that completion of the CPT's Career Course and its inclusion in her MBF has been a long-standing regulatory requirement for promotion to MAJ.  The general requirements and workings of the system are widely known and specific details, such as promotion board dates and promotion zones are widely published in official, quasi-official, and unofficial publications, and in official communications.

2.  Additionally, MILPER Messages announced the convening date of the 2011 MAJ APL board with specific instructions for eligible officers to ensure the officer’s record was complete and met the requirements.  The Messages warned that failure to comply with the instructions in the MILPER Message will be viewed as lack of due diligence on the officer's part.  

3.  The evidence of record shows the applicant successfully completed Phase 3 of the QM CPT's Career Course on 19 January 2010.  However, her DA Form 1059 was not filed in her record until 23 March 2011 despite the clear instructions in the MILPER Message regarding deadlines.  As a result, she was considered not educationally qualified.  

4.  Regretfully, the applicant's lack of due diligence does not qualify her for an SSB.  As such, there is no reason to remove the passover notice from her records. 

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 caseare 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)                                         AR20120007794



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ABCMR Record of Proceedings (cont)                                         AR20120007794



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