IN THE CASE OF:	  

		BOARD DATE:  22 October 2013

		DOCKET NUMBER:  AR20120022679 


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 consideration for promotion to captain (CPT)/pay grade O-3 by a special selection board (SSB).

2.  The applicant states:

	a.  He has been passed over for promotion to CPT three times for not being academically qualified for promotion (no college degree).  This reasoning for which he has been denied promotion is incorrect.  His commissioning source was through the Reserve Officers' Training Corps (ROTC) at Widener University.

	b.  He believes his non-selection during the 2010 CPT Promotion Board was a mistake.

	c.  He has a 4-year degree (since 2005) and this is clearly shown in the "My Records" portal on the U.S. Army Human Resources Command (HRC) website under civilian education.  He tried to upload a copy of his diploma to his records before the 2010 board.  It wasn't until much later, sometime around his second non-selection, that he was told a copy of his college transcript must be entered into the interactive Personnel Electronic Records Management System (iPERMS).  This is the only method that was acceptable to validate his college degree.  This contradicted what he had originally been told in preparing his promotion file.  Even to date, it is contradicting because he has peers promoted to CPT after 2010 who don't have their transcripts in their records.

	d.  This is an unjust double standard.  Even after he had his transcript posted to his records, he was still passed over a third time.

	e.  HRC told him he wasn't even considered.  He tried contacting the SSB twice to rectify this situation, but they were unable to help him.  Because he has been passed over for promotion twice, the U.S. Army Reserve Command (USARC) keeps issuing orders to discharge him from the Army.

3.  The applicant provides:

* HRC website "My Records"
* notification of non-selection letters, dated 2010 and 2011
* self-authored memorandum for record, dated 15 August 2011
* email pertaining to SSB
* USAR discharge orders, dated 24 September 2012
* USAR discharge revocation orders, dated 2 October 2012
* request for an SSB, dated 18 October 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant's transcript from Widener University shows he earned a Bachelor of Science degree on 20 August 2005.  He was appointed as a second lieutenant in the USAR, Signal Corps, on 29 August 2005.  He completed the Officer Basic Course in September 2006.  He was promoted to first lieutenant on 28 August 2007. 

2.  He provides a notification of non-selection for promotion (first time) from Headquarters, USARC, dated 1 May 2010.  This memorandum states:

	a.  The records reviewed by the Department of the Army Selection Board did not indicate he had completed the required civilian and/or military education by the day before the date the board convened on 3 November 2009.

	b.  All eligible officers will receive two opportunities for promotion.

	c.  If he remains eligible, he will be considered for promotion next year.

3.  He provides an undated memorandum from Headquarters, 99th Regional Support Command, subject:  Non-Selection for Promotion to the Grade of CPT after Second Consideration.  This memorandum states Reserve officers in the grade of first lieutenant not selected for promotion are considered again by a selection board approximately 1 year later.

4.  He provides a self-authored memorandum for record, dated 15 August 2011, subject:  Incorrect Determination of Non-Selection for Promotion to the Grade of CPT for (Applicant), wherein he states:

* he emailed his college diploma to an HRC website in October 2009
* in March 2011, he sent a copy of his college transcript to his battalion S-1 so he could route it to his brigade to post it to iPERMS
* on 29 March 2011, he received a confirmation email stating his transcript had been placed in iPERMS
* in August 2011, he requested an SSB

5.  Orders 12-268-00010, Headquarters, USARC, dated 24 September 2012, show he would be honorably discharged from the USAR effective 30 October 2012.  Orders 12-276-00005, Headquarters, USARC, dated 2 October 2012, revoked Orders 12-268-00010.

6.  In October 2012, he requested reconsideration by an SSB.

7.  He provides an email from an official at Department of the Army Promotions, HRC, dated 22 October 2012, which states:

* that office received his SSB request
* their records indicate he did not view or certify his board file for Fiscal Year (FY) 2010 or FY11
* his transcript was posted to his records on 28 March 2011

8.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Officer Promotion Management, HRC, who states:

	a.  The applicant's assertion that he was considered for promotion by the FY10 and FY11, CPT, Non-Active Guard Reserve (AGR), Army Promotion List, Promotion Selection Board and subsequently non-selected based upon lack of substantiated civilian education is correct.

	b.  He submitted his transcript on 28 October 2009, 7 days (5 working days) prior to the convening date of the board on 3 November 2009.  However, as established in the governing Military Personnel (MILPER) message for the board, it can take up to 5 working days for a submitted Official Military Personnel File (now known as the Army Military Human Resource Records (AMHRR)) document to appear in the AMHRR and another 2 days for the document to transfer to the promotion board file.  The same MILPER message also stressed that all correspondence must be submitted to the AMHRR or non-AMHRR address no later than close of business on 19 October 2009 to allow sufficient time for documents to appear in the board file.  Moreover, his failure to have his transcript or diploma uploaded to his AMHRR from the date of his appointment on 29 August 2005 until the board convened shows a lack of due diligence and situational awareness.

	c.  Based on the requirement of Department of Defense Instruction (DODI) 1320.11 (Special Selection Boards), paragraph 3b, "A Special Selection Board must not, pursuant to section 628(b) or 14502(b) of Reference (c), consider any person who by maintaining reasonably careful records may have discovered and taken steps to correct that error or omission on which the original board based its decision against promotion."  The rationale for disapproval of his FY10 SSB request was based on his failure to follow the aforementioned MILPER message suspense and subsequent lateness in submitting the respective documents for processing in his AMHRR/Promotion Board File.

	d.  His request to be considered for promotion by an SSB under the same criteria and instruction established for the FY11 CPT Non-AGR is warranted.  However, the Deputy Assistant Secretary of the Army (Manpower and Reserve Affairs) directed that the practice of granting SSB's for "former officers" without directive from the Army Board for Correction of Military Records (ABCMR) be stopped.  It further states not to grant SSB's for "former officers" who no longer have a current military status unless the Secretary of the Army directs via the ABCMR, and should the ABCMR direct SSB's for these officers at a later date, they will have to been seen by a new SSB.

9.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  He responded by stating:

	a.  The reported reason for his initial non-selection by the FY10 CPT Promotion Board was identified as a lack of civilian education.  This is clearly not the true case since his records show he was commissioned in August 2005 – with a prerequisite of commissioning through any ROTC Program being to have completed a 4-year college degree.

	b.  When he was commissioned through the ROTC Program, he was told that all of his information was entered into his file and would be available for the first Reserve unit he would join.  Being a completely new Soldier to the Army system, he didn't even know how to check to see if they did so at that time.  Regardless of which documents they did or didn't add, he would think it safe to assume that his college transcript was a main document to be added, since proof of a bachelor's degree is a requirement for commissioning through ROTC.

	c.  He did seek guidance for what was needed from him to ready his records for the FY10 CPT Promotion Board.  Being a young lieutenant, he sought out plenty of guidance from the other officers and the administrative group in his Reserve unit.  Never once was it questioned whether he was academically qualified.  His file in "My Records" on the HRC website verifies his civilian education.

	d.  After his non-selection, he had additional discussions with the officers in his battalion regarding what was wrong with his records that could have caused this to happen.  At first, it was unclear as to what happened; every indication was that the non-selection was a mistake.  Once he found out it was because of not having entered his official transcript, he was even more puzzled.  There were majors in his unit who were promoted all the way up to major and still didn't have their transcripts in their files.

	e.  Although he understands the view and opinions from HRC, he completely disagrees with their decision not to promote him retroactively to the FY10 CPT Promotion Board.  He has worked hard at everything that was asked of him since his first day in the Army and he strongly believes in not only meeting the standard, but surpassing it.  When deadlines and expectations are set, he always does his best to follow them.  In this case with his transcripts, he can honestly say he did not know it was missing or even required at that time.  If he had, the transcripts would have promptly been added, not just prior to the promotion board, but back in 2005 when he was commissioned.

10.  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 contends the reported reason for his initial non-selection by the FY10 CPT Promotion Board for not being academically qualified is incorrect.

2.  The evidence shows he was considered, but non-selected for promotion to CPT on 3 November 2009 because his records did not indicate he had completed the required civilian education.  Approximately 1 year later, he was non-selected for promotion to CPT a second time.

3.  DODI 1320.11 states an SSB must not consider any person who, by maintaining reasonably careful records, may have discovered and taken steps to correct the error or omission on which the original board based its decision against promotion.

4.  HRC records show his college transcript was posted to his records on 28 March 2011 and he did not view or certify his promotion board file for FY10 or FY11.

5.  His failure to have his college transcript uploaded to his AMHRR in a timely manner demonstrates a lack of due diligence on his part.

6.  The applicant has provided insufficient evidence to show he should be considered for promotion to CPT by an SSB.  Therefore, there is an insufficient basis for granting his request.

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)                                         AR20120022679



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ABCMR Record of Proceedings (cont)                                         AR20120022679



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