BOARD DATE: 7 February 2013
DOCKET NUMBER: AR20120008525
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 rescission of his second non-selection for promotion to major.
2. The applicant states his promotion packet was submitted for consideration during the period in which he was processing for retirement. He claims he does not have a complete set of records to verify his claim; however, he believes it is relevant as he hopes to reenter the New Jersey Army National Guard (NJARNG) as a warrant officer.
3. The applicant provides no documentary evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to
timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. After prior enlisted service in the ARNG, the applicant was appointed a second lieutenant in the U.S. Army Reserve (USAR) and granted Federal recognition in the NJARNG on 9 July 1988. He was promoted to first lieutenant on 8 July 1991 and to captain on 26 September 1995.
3. The record contains a memorandum, dated 16 July 2002, that notified the applicant he had been considered but not selected for promotion to major by a Department of the Army (DA) Reserve Components (RC) Mandatory Promotion Selection Board.
4. On 3 March 2003, a DA RC Mandatory Promotion Selection Board convened to consider eligible officers for promotion to major.
5. On 1 July 2003, the applicant was reassigned to the Retired Reserve. There is no indication the applicant began this process prior to July 2003 or that he ever attempted to remove his record from consideration for the promotion selection board that convened in March 2003.
6. On 7 August 2003, a second promotion non-selection for promotion memorandum informed the applicant he had again been considered and again not selected for promotion to major by a DA RC Mandatory Promotion Selection Board.
7. In connection with the processing of this case, an advisory opinion was obtained from the National Guard Bureau (NGB) Acting Chief, Personnel Policy Division. The advisory official recommended disapproval of the applicants request. He states the applicant asserts his packet went before the DA RC Mandatory Promotion Selection Board during the time he was processing for retirement in 2003. The record shows the board convened on 3 March 2003, well in advance of the applicants retirement. He states the applicant provides no proof that he requested the promotion packet be removed from consideration. He further indicates the applicant was notified of the second non-selection on
7 August 2003, and he should have raised this issue at the time if in fact his promotion consideration was in error.
8. On 7 December 2012, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
9. Army Regulation 600-8-104 (Army Military Human Resource Records (AMHRR) Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File. Appendix B provides a list of documents authorized for filing in the AMHRR. This list includes Officer Non-Selection Letters. It states, in effect, letters of notification to officers considered for promotion but not selected will be filed in the AMHRR and/or Interactive Personnel Electronic Records Management System (iPERMS).
DISCUSSION AND CONCLUSIONS:
1. The applicants request to rescind his second promotion non-selection and remove the non-selection letter from the AMHRR because he was not selected during his retirement processing has been carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, letters of officer non-selection for promotion will be filed in the AMHRR/iPERMS. The evidence of record and independent evidence submitted by the applicant fails to show he was undergoing retirement processing when the promotion selection board convened in March 2003, or that he ever attempted to remove himself from promotion consideration by the selection board.
3. In view of the foregoing, there is an insufficient evidentiary basis to support granting 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) AR20120008525
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120008525
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110021577
The reason given was that the records review did not indicate he had completed the required civilian and/or military education by the day before the date the board convened. e. The opinion further indicated the applicant may be eligible for a promotion reconsideration board because he provided evidence indicating he was educationally qualified at the time he was considered by the FY 2010 Captain APL promotion board. He was also not selected for promotion to captain by this board.
ARMY | BCMR | CY2011 | 20110004721
Application for correction of military records (with supporting documents provided, if any). The Board further concluded given the DVA has no authority or obligation to determine fitness for military service, its disability rating decisions were based solely on service connected medical conditions that were not considered unfitting by proper military medical authority. It further shows the USAR Command Surgeon evaluated the applicant's medical record, and other available independent...
ARMY | BCMR | CY2014 | 20140020982
c. Army Regulation 135-155 (ARNG and USAR Promotion of Commissioned Officers and Warrant Officers other than General Officers) lists the military education requirements for promotion selection. The memorandum states the records reviewed by the selection board did not indicate he had completed the required civilian and/or military education by the date the board convened. iPERMS shows that a legible copy of his college transcript was filed in his OMPF on 1 June 2011, 7 months after the...
ARMY | BCMR | CY2009 | 20090012430
This official stated that electronic messages are submitted worldwide announcing the convening dates of selection boards and that the applicant had been considered and not selected as an ARNG officer by the 1994 and 1995 CPT Army Promotion List DA Reserve Components Selection Boards. The advisory official further stated that in accordance with Army Regulation 135-155, special selection boards (SSBs) may be convened to prevent injustice to an officer or former officer if it is determined...
ARMY | BCMR | CY2013 | 20130011034
The applicant requests the removal of a notification of non-selection for promotion (1st time) from his Army Military Human Resource Record (AMHRR). It stated, in part, that a mandatory Department of the Army promotion selection board would convene on or about 8 March 2011 to consider all Reserve CPTs for promotion to MAJ with a DOR of 1 September 2004 thru 31 August 2005. The evidence of record shows the applicant, a Reserve officer, served on active duty from 14 September 1997 to 31...
ARMY | BCMR | CY2013 | 20130009152
The applicant requests reconsideration of his previous application for reinstatement into the U.S. Army Reserve (USAR) and promotion to the rank of captain (CPT). There is no evidence in the available records to show that he requested promotion reconsideration. That regulation also provides that a first lieutenant on the Reserve Active Status List who has failed selection for promotion to CPT for the second time and whose name is not on a list of officers recommended for promotion to CPT,...
ARMY | BCMR | CY2010 | 20100030307
The official added that although the applicant was a two time non-select for promotion to LTC which resulted in either his discharge or transfer to the Retired Reserve, he was placed on the Promotion Selection List, which according to Title 10, U.S. Code (USC), sections 14506 and 14701 would have allowed him to serve until he reached 24 years of commissioned service. Title 10, USC, section 14506 (Effect of failure of selection for promotion: Reserve MAJs of the Army) states, in pertinent...
ARMY | BCMR | CY2003 | 2003087418C070212
The applicant states that he was selected for promotion to the rank of major by a Department of the Army Standby Advisory Board (STAB) and was informed that his DOR would be 25 June 2000. He further states that when he inquired about his DOR, USAR officials stated that they could not change it because he was a member of the NJARNG. Paragraph (a) states, in pertinent part, that officers shall be placed in the promotion zone and shall be considered for promotion to the next higher grade by a...
ARMY | BCMR | CY2013 | 20130010725
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Do not promote.) However, at the time of her evaluation he did not indicate she should be considered for promotion, and he does not now say that the referred OER was in error, only that her performance improved after the period in question.
ARMY | BCMR | CY2013 | 20130017269
The applicant requests removal of the Fiscal Year (FY) 2010 Colonel (COL) Army Promotion List (APL) non-select letter from her Army Military Human Resource Record (AMHRR), correction of the date of rank (DOR) and effective date of her promotion to the rank/grade of COL/O-6, correction of her mandatory retirement date (MRD) to 1 July 2017, and attendance at the Army War College in July 2014. g. The Army regulations provide that a special selection board (SSB) will not be convened to consider...