IN THE CASE OF:	  

		BOARD DATE:	  31 October 2013

		DOCKET NUMBER:  AR20120022780 


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 reconsideration of his previous request to show he was selected for promotion to captain (CPT). 

2.  The applicant states:

   a.  he believes he has provided sufficient proof to address the analyst's findings.  He states that:
   
   (1)  he was passed over due to a missing university transcript and not due to any performance related issues;
   
(2)  at the time he was denied the recourse he sought to correct the lost transcript.  He was not allowed to return a copy of it to his file.

   b.  the transcript was lost as part of a clerical error sometime following his departure from active duty and before the CPT promotion board;
   
   c.  the documents he submitted will show that his university transcript was noted in his record since the day he initially enlisted; 
   
   d.  when he attempted to resubmit the transcript it was not received and he was denied the opportunity to submit it a second time or to provide a certified document to avoid being passed over and discharged;
   
   
   e.  he was told he had no other recourse at the time; and 

   f.  he was not aware of the ABCMR at the time.

3.  The applicant provides:

* a six-page self-authored statement 
* his college transcript
* three DA Forms 66 (Officer Evaluation Reports (OER))
* his Officer Record Brief (ORB)
* a snapshot of his official enlisted records
* a nomination for a volunteer award
* a DA Form 1059 (Service School Academic Evaluation Report)
* a DA Form 61 (Application for Appointment)
* a Certificate of Achievement
* six letters of recommendation
* a Memorandum for Record (MOR)
* a letter of commendation

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110018744, on 28 August 2012.

2.  In support of his request for reconsideration the applicant provides the above documents which are considered new evidence and merit consideration by the Board; however, the college transcripts and the ORB were provided during his previous case.

3.  The applicant's records show he initially enlisted in the U.S. Army Reserve (USAR) on 25 February 1991 and served until he was commissioned as a second lieutenant in the USAR and ordered to active duty on 12 June 1992.  He was promoted to first lieutenant on 12 June 1994.  

4.  He submitted:  

   a.  an undated DA Form 61, which he highlighted shows he attended New York University for 3 years and received a Bachelors of Arts degree in June 1989.  It also shows he attended Norwich University for 1 year; 
   
   b.  A DA Form 1059, which shows he attended the Field Artillery Officer Basic Course from 22 June to 5 November 1992, wherein in item 15 (Comments) he circled "New York University"; 

   c.  three DA Forms 67-8 for the period 6 November 1992 to 25 May 1995, which provide a snapshot of his military performance; 

	d.  a Letter of Commendation, dated 24 September 1993, commending him for being the distinguished honor graduate during the Nuclear, Biological and Chemical Defense Course;

   e.  a Note, dated 15 October 1993, thanking him for volunteering his time to the Boy Scouts;
   
   f.  a Nomination for a Volunteer of the Year Award, dated 15 March 1994, for his work with the Boy Scouts of America;
   
   g.  an ORB, dated 28 March 1995, which shows in section VII (Civilian Education) he obtained his Bachelors of Arts degree in Geopolitics from New York University in 1989;
   
   h.  a Certificate of Achievement, issued by Joint Readiness Training Center, Fort Polk, LA, dated 3 May 1995, for his significant voluntary contributions to the Fort Polk Community Boy Scouts of America; and
   
   i.  a six-page self-authored statement wherein he addresses the ABCMR findings in his previous case. 
   
5.  His record contains and he submitted two memoranda from the U.S. Army Human Resources Command (HRC) (re-issues of earlier memoranda), dated:

   a.  4 May 1999, wherein HRC notified him that he was considered for promotion to CPT by the 9 November 1998 Army Reserve Components Selection Board (RCSB), but he was not selected for promotion.  The memorandum explained he had two opportunities for promotion and if he remained eligible, he would be considered the following year.  The memorandum concluded by explaining that the board does not record the reason for selection or nonselection, but his career manager might have been able to assist him in improving his official file and what actions he could take to increase his opportunity for promotion.
   
   
   b.  16 May 2000, wherein HRC notified him that he was considered for promotion to CPT by the November 1999 Army RCSB, but he was not selected for promotion and as a result of the second nonselection for promotion he must be discharged no later than 1 November 2000.  Neither notification memorandum informed him that he was a nonselect due to not being educationally qualified.

6.  He was discharged from the USAR on 2 March 2001 by reason of being nonselected twice for promotion, as indicated on the Integrated Web Services maintained by HRC. 

7.  He submitted:

   a.  an MOR issued by the North Carolina Army National Guard (ARNG), Joint Forces Headquarters, Subject:  Officer Appointment in North Carolina National Guard, dated 14 September 2011, requesting that he be accepted into the North Carolina ARNG.

	b.  five letters of recommendation dated between 2 July and 17 August 2010, indicating he had an extensive military background, he was a devoted individual, and demonstrated exceptional maturity and discretion.

8.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) prescribes policy and procedures used in the selection and promotion of commissioned officers of the ARNG and commissioned and warrant officers of the USAR.  Paragraph 2-9 states no person may be selected for promotion to the Reserve grade of CPT unless, not later than the day before the selection board convene date, that person has been awarded a baccalaureate degree from an accredited institution recognized by the Secretary of Education or, within the 3 years preceding promotion, the officer has earned a baccalaureate degree from an unaccredited educational institution that has been recognized by the Department of Defense for purposes of meeting officer educational requirements. 

9.  Paragraph 3-14(2) of Army Regulation 135-155 states the Commander, HRC, Office of Promotions will normally not determine that a material error existed when an administrative error was immaterial; or the officer, in exercising reasonable diligence, could have discovered and corrected the error or omission in the official personnel file; or when the officer could have taken timely corrective action such as notifying the Office of Promotions of the error and provided any relevant documentation that he or she had. 


10.  Army Regulation 135-155 further states a 1LT 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, will be removed from active status not later than the first day of the seventh month after the month in which the final approval authority approves the report of the board which considered the officer for the second time unless the officer can be credited with 18 or more but less than 20 years of qualifying service for retired pay and USAR officers will be transferred to the Retired Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was considered but not selected by the Army RCSB promotion board that convened on 9 November 1998 for promotion to CPT.  He was not advised of the reason for nonselection, but he was told if he remained eligible he would be considered the next promotion year.  It is pure speculation on his part that his nonselection was based upon the absence of his transcript in his record.

2.  He was again considered and not selected for promotion by the Army RCSB that convened on 9 November 1999.  Again, he was not given a reason for his second nonselection, but he would be discharged in accordance with the applicable law and regulation.

3.  It was the applicant's responsibility to review his board file, ORB, and/or record before the board convened and to notify the board, in writing, of possible administrative deficiencies.  There is no evidence available that shows he did this prior to or after either promotion board or any evidence that shows his transcripts were missing from his record and that they may have resulted in him being non-selected for promotion.  However, several documents in his record show proof that he received a Bachelors of Arts degree in June 1989.

4.  It is commendable that the applicant wants to continue serving his country in the ARNG.  However, in view of the circumstances in this case, the applicant is not entitled to promotion reconsideration to CPT.  He was fairly considered twice for promotion to CPT and not selected.  He has not shown an error, injustice, or inequity for the relief he now requests.  Without evidence to show otherwise, it is concluded that the applicant was properly considered for promotion.

5.  His discharge for being nonselected for promotion twice was proper and equitable.  Therefore, there is no 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 to amend the decision of the ABCMR set forth in Docket Number AR20110018744, dated 28 August 2012.



      _______ _   _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)                                         AR20120022780



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ABCMR Record of Proceedings (cont)                                         AR20120022780



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