IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120009398
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 her military records by voiding her U.S. Army Reserve (USAR) discharge orders and granting her promotion consideration to captain by a special selection board (SSB).
2. The applicant states:
* she wants to be considered for promotion to captain by an SSB due to an administrative error and her wrongful discharge from the USAR
* she was discharged from the USAR due to a two-time non-selection for promotion to captain
* she was discharged before the SSB was able to reconsider her for promotion
3. The applicant provides:
* SSB notification reconsideration memorandum, dated 3 August 2011
* discharge orders, dated 23 November 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 67-9 (Officer Evaluation Report)
* reassignment orders, dated 24 February 2010
* email, dated 3 November 2011
* DA Form 1059 (Service School Academic Evaluation Report)
* college transcripts
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the Army National Guard, the applicant was appointed as a second lieutenant in the USAR on 8 January 2005. She was promoted to first lieutenant effective 7 January 2007.
2. On 10 June 2010, she was considered but not selected for promotion to captain.
3. She provided a memorandum from the U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 3 August 2011, which states:
a. she would be reconsidered for promotion by a Department of the Army SSB and
b. she was being reconsidered due to an administrative error whereby her officer evaluation report ending 12 December 2008 was not viewed by the Fiscal Year 2010 promotion board and the Fiscal Year 2011 board was not available for review.
4. On 21 December 2011, she was honorably discharged from the USAR for being a two-time non-select for promotion to captain.
5. There is no evidence that shows she was considered by an SSB after 3 August 2011 or prior to 21 December 2011.
6. In the processing of this case, a staff advisory opinion was obtained from the Chief, Officer Promotions, HRC, Fort Knox, KY. The opinion states that based on the information provided the applicant's request does have merit for an SSB. However, the Deputy Assistant Secretary of the Army for Manpower and Reserve Affairs has directed that the practice of granting special boards for "former officers" without directive from the Army Board for Correction of Military Records (ABCMR) be stopped and not to grant special boards for "former officers" who no longer have current military status unless the Secretary of the Army directs such via the ABCMR. Should the ABCMR direct SSB's for these officers at a later date, they will be considered by new SSB's.
7. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. She did not respond within the given time frame.
8. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officer Other than General Officers) prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that promotion reconsideration by an SSB may only be based on erroneous non-consideration or material error which existed in the record at the time of consideration.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered and appear to have merit.
2. The evidence shows she was passed over twice for promotion to captain. In August 2011, she was informed she would be reconsidered for promotion to captain by an SSB due to an administrative error. She was discharged from the USAR on 21 December 2011 without being reconsidered by an SSB.
3. It would be equitable to correct her records by forwarding her records to an SSB for consideration for promotion to captain under the applicable criteria, but only as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. forwarding her records to an SSB for consideration for promotion to captain under the applicable criteria;
b. if selected for promotion, voiding her discharge orders and promoting her and assigning her an appropriate date of rank in accordance with the regulatory policies in effect at the time; and
c. if not selected for promotion, notifying her accordingly.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to voiding her discharge at this time.
_______ _ 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) AR20120009398
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