IN THE CASE OF:	  

		BOARD DATE:	  7 January 2014

		DOCKET NUMBER:  AR20130007088 


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 correction of her records to show she was educationally qualified when her records were considered by the Fiscal Year 2012 (FY12) Promotion Selection Board.  

2.  She also requests, if she is discharged for being a two-time non-select for promotion to major (MAJ), consideration by a special selection board (SSB) and reinstatement in the U.S. Army Reserve (USAR). 

3.  Alternatively, if she is not allowed to be retained, she requests to be transferred to the Retired Reserve.

4.  The applicant states 

	a.  She requests reconsideration of promotion under the same criteria and instructions for the FY12 MAJ, Army, Maneuvers, Fires and Effects (MFE) Promotion Selection Board.  She understands that Department of Defense Instructions (DODI) 1320.11 4.2 states "An SSB shall consider any person who may, by maintaining reasonably careful records, have discovered and taken steps to correct that error or omission in which the original board based its decision against promotion."  She also understands that she was afforded the opportunity to submit documents for inclusion into her Official Military Personnel File (OMPF), now known as the Army Military Human Resource Record (AMHRR), My Board File and to correspond to the President of the board in order to highlight any possible administrative deficiencies in her records or to bring special attention to any matter she considered pertinent during consideration and that failure to do so does not constitute "material unfairness" or a "material error." Consequently, meeting the aforementioned regulatory requirements is not the situation in her case; however, she hopes that her documented appeal is considered and the information provided bears true relevance of her desire to continue serving as an Officer in the Armed Forces.

	b.  Prior to leaving the Individual Ready Reserve (IRR) on 25 February 2011 she did not have the benefit that came with being part of a cohesive unit that is structured to facilitate a Soldier's daily administrative, training, and operational needs.  She acknowledges it is ultimately her responsibility, as an officer, to maintain the highest level of military standards and have matured to learn the impact and importance of not being fully engaged in the management of her military career.  She joined First Army Augment Detachment, which was located in Forest Park, GA on Fort Gillem, but was in the process of moving to Rock Island Arsenal, IL, as part of the Base Realignment and Closure (BRAC) initiative.  During the transition, she was allowed to train with other Reserve units in the Illinois area until First Army completed its move to Rock Island.  Once the move was complete, in June 2011, she contacted First Army's Training Support Specialist, Army Training Requirements and Resources System (ATRRS)/Schools, Mr. W to procure an open seat for the Adjutant General Captains Career Course (AGCCC) in July and August of 2011, but none were available.  To compound the issue, her civilian profession, as an educator, drastically reduced the windows of opportunity she had to schedule and attend AGCCC.  Ultimately, the Training Support Specialist submitted a request for her Area of Concentration (AOC) School, and a few months later she received an email informing her that the request was denied with no details or explanation of the disapproval.  A subsequent request was submitted and that too resulted in a denial of acceptance.  After the second denial, she sought counsel from several personnel from the U.S. Army Human Resources Command (HRC), First Army, Mr. W, and her unit, making them aware that her promotion was in peril and possibly her military career.  Ultimately, the coordinated efforts of HRC and her unit resulted in the procurement of orders to attend her AOC School, but it was after January 2012.  

	c.  Eager to put her military career back on track, she attended Phase I in June 2012, but was unaware the promotion board had identified her as a two-time-pass over for promotion.  After discussing a Vacancy Promotion with her unit, and hoping to get her school completed before the end of summer, she attended and completed Phases II and III of AGCCC, which was not an easy task since she did not have a reserved seat.  Resolved to complete the course, she continued to press the AG Schoolhouse until she was eventually accepted and completed her AOC in July 2012.  The knowledge of the passover was devastating news to her; however, if she had been aware of the promotion board's decision she would not have voluntarily expended her unit or the Army's limited financial resources on furthering her military education that would yield no return on investment for her current unit or the Army.

	d.  She had spent almost 27 years in the military, serving on active duty, the Illinois Army National Guard (ILARNG), the IRR and the USAR, both as an enlisted Soldier and an officer.  She believes it is an honor to serve this great country as a Soldier coupled with serving with her brothers and sisters in uniform. She has continued working on her civilian education and she is close to completing her Master's Degree.  Since she joined the First Army team, she has worked hard, which resulted in her receiving Soldier of the Quarter in the 4th quarter of 2011, and receiving a recognition coin for a job well done from Fifth Army during annual training (AT) in 2012 while serving as an Observer Controller Trainer.  Her hope is that the Board finds that she is an asset to the Army and that she is a Soldier who is worth giving a second chance at a lasting military career.  She understands the Army's policies, but ultimately her fate is in the Board's hands as the Board presides over her military career.  All she can request is that the Board reconsider and extends her vision of remaining a Soldier first in service of this great nation and the Adjutant General Corps.  Conversely, if she is not retained, she would ask that she be placed in the Retired Reserve in order to preserve her association, in a limited capacity, with the military.

5.  The applicant provides:

* DA Form 1059 (Service School Academic Evaluation Report)
* Four statements of support
* Self-authored timelines
* Email exchange 

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the ILARNG and executed an oath of office on 29 August 1999. 

2.  She completed the AG Officer Basic Course and she was promoted to captain (CPT) in the ARNG on 1 November 2004. 

3.  On 12 May 2006, the ILARNG issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-year letter). 

4.  Between August 2007 and July 2008, she received a "referred' officer evaluation report for her duties while assigned to the Joint Force Headquarters, ILARNG primarily because she failed her Army Physical Fitness Test. 

5.  On 2 June 2009, by memorandum, she was notified she had been considered but she was not selected for retention in the ARNG.  Accordingly, she was honorably separated from the ARNG on 1 August 2009 and transferred to the USAR Control Group (Reinforcement).  

6.  Between 2009 and 2012, she was assigned as a Human Resources Mobilization Officer to First Army, Rock Island, IL.  

7.  She was twice considered for promotion to MAJ but she was not selected for promotion.  

8.  On 20 July 2012, she was issued a DA Form 1059 that shows she attended and completed the AGCCC from 8 to 20 July 2012. 

9.  On 21 June 2013, the USAR Command, Fort Bragg, NC, published Orders   13-172-00013 releasing her from her assignment and transferring her to the Retired Reserve effective 21 July 2013 by reason of being a promotion non-selection. 

10.  She submitted four letters of recommendation or statements of support as follows: 

	a.  In a statement, dated 9 February 2013, the Commander, USAR Support Command First Army, Rock Island Arsenal, IL, states he recommends retaining the applicant in the USAR.  As the Headquarters and Headquarters Detachment (HHD) Commander, First Army Support Command, since July 2011, he can confirm that the applicant's account of events from July 2011 forward is accurate. The BRAC move of a troop program unit (TPU) unit requires the complete re-establishment of all unit operations.  This was a slow process.  The HHD had no full-time training staff available to assist her until September 2011.  The month of June 2012 was the first available date to send her to the AGCCC and she completed the course in July.  Since becoming her commander, he has repeatedly witnessed her determination and dedication to remain a Soldier.  She was very aggressive in pursuing school dates knowing how important it was to become academically eligible for promotion prior to any board date.  He has also seen significant improvement to her overall Soldier skills to include a renewed emphasis on her physical fitness.  The TPU Soldier strength of HHD, First Army Support Command was significantly degraded during the BRAC move from Georgia to Illinois and despite aggressive recruiting efforts, the unit is currently at approximately 50% strength.  The loss of a mid-grade officer will further hurt the overall readiness of his unit.  Furthermore, there are vacant MAJ positions within the unit that gives the applicant upward mobility without transferring. 

	b.  In a statement, dated 22 February 2013, the Commanding General, USAR Support Command, First Army, Rock Island Arsenal, IL, states he highly recommends the applicant for retention and promotion in the USAR.  The applicant, as a high school teacher in Farmington, IL, is on track to complete her Masters Degree in the fall of 2013.  She has excelled as this command's Adjutant.  She is highly dependable and dedicated to taking care of Soldiers.  She completed the AGCCC in July 2012.  There were no quotas available in 2011.  She is an academic professional who has served in all three Army Components.  She served 8 years on active duty rising to sergeant.  She joined the ILARNG, completed Officer Candidate School, and reached the rank of CPT. She joined the USAR Support Command - First Army - in February 2011.  As one of the first Soldiers assigned for the Rock Island, IL based headquarters, she was instrumental in setting the conditions for this command to relocate (under BRAC) from Fort Gillem, GA in July 2011.  She established critical unit processes and procedures that were essential to the success of this transition.  She was selected as this Command's Soldier of the Quarter for the fourth quarter in FY11; and she was recognized by the Army North (ARNORTH) Commander for her contributions during NORTHCOM's 2012 Vibrant Response Exercise.  She is exactly the type of leader the Army needs to retain in the USAR.  He gives his strongest recommendation to retain and promote her in the USAR. 

	c.  In a statement, dated 20 February 2013, the Deputy Chief of Staff, G-1, USAR Support Command First Army, Rock Island Arsenal, IL, states he has known the applicant for over 18 months and has been very impressed by her intelligence and enthusiasm as a member of his mobilization team.  She has served as a Mobilization Planner and Human Resources Officer for First Army  G-1, a three-star command, and has represented the command at various echelons exceptionally.  She is a team player who strives for excellence both professionally and personally, has dedicated some 26 years of military service, and has a sincere desire to continue serving her country.  She has successfully completed all phases of AGCCC and is working toward completing a Masters Program in Education and Interdisciplinary Studies.  He strongly recommends she be promoted to MAJ and continue serving as a commissioned officer in the USAR.

	d.  In a statement, dated 20 February 2013, the Chief of G-1 Mobilization Division, USAR Support Command First Army, Rock Island Arsenal, IL, states it is with great humility and respect for the professionalism, tactical, and technical competencies that has been exhibited by the applicant that he endorses this request to facilitate her continued service in the Armed Forces as a commissioned officer.  He has served as her immediate supervisor and rater for the past 18 months and can personally attest to her dedication as a Soldier and her growth as an officer.  He strongly recommends she be retained in the USAR as a commissioned officer in her current specialty.  Her assignment to First Army became instrumental to her professional growth as a Soldier and with the guidance of senior leaders and peers, she quickly reestablished herself as a Soldier and premier Army leader who has accepted the challenges of a transforming Army.  Her professional drive was evident as she completed all phases of the AGCCC during her initial rating period.  She maintained an academic grade point average of over 85% and was identified by her Senior Team Leader as being a mature, dedicated, and highly competent officer.  Her 20 plus years of service, as an enlisted Soldier and as a commissioned officer, affirms her desire to serve and he is convinced her retention in the Armed Forces and the Soldiers she will lead will strengthen her as a leader and the military institution as a whole.  

11.  An advisory opinion was obtained from HRC on 10 June 2013 in the processing of this case.  An HRC official recommended disapproval of her request.  The official stated: 

	a.  The applicant's assertion that she was disadvantaged by not being granted a Military Education (MILED) waiver for the CCC is without merit and moot.  The MILED requirement for promotion to MAJ is completion of any Officer Advanced Course (OAC), CCC, or equivalent in accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), Table 2-2.  Likewise, in order to be granted a MILED Waiver for promotion, an applicant must have completed at a minimum the non-resident portion of the course and be scheduled for the resident phase as established in Military Personnel (MILPER) Message 11-338, dated 28 October 2011, Subject: FY12, MAJ APL ARNG, Army Reserve Active Guard Reserve (AR-AGR) and Army Reserve Non-Active Guard Reserve (AR Non-AGR). Competitive Categories, Promotion Selection Boards. 

	b.  According to the ATRRS, the applicant was not scheduled to attend Phase I of her CCC until 8 May 2012, which was three plus months past the convene date of the FY12, Major, Army Promotion List, Promotion Selection Board. Likewise, the officer failed to show due diligence by requesting a MILED Waiver based upon the requirements above or as an exception to policy due to her perceived exigent circumstances by the dictated suspense of 20 January 2012 as directed by the aforementioned MILPER Message.

	c.  This office will defer to the officer's career management proponent in the Officer Personnel Management Directorate for the exact reason for denying her request for request for CCC, but will surmise that it involved her initial failure of her initial Phase I Course.  This office will acknowledge that the affected officer finally completed the CCC requirement on 20 July 2012.  However, by this time she was already two-time non-selected for promotion and not selected for Selective Continuation (SELCON) thus ineligible for further promotional consideration.

	d.  Even if granted an SSB, this office highly doubts that there is a fair risk that any MILED relief would be able to overcome the officer's demonstrated performance.  It is noted that she was also considered for SELCON by the FY12 promotion board but subsequently not recommended.  A review of her file revealed that she received multiple unfavorable OERs.  It is important to note that the following OERs would have probably severely impacted her promotion standing and likely prevent her from being selected for promotion to MAJ:

		(1)  "Satisfactory Performance, Promote" OER for the rated period 1 August 2009 through 1 July 2012; 

		(2)  a referred OER with "Satisfactory Performance, Promote" and "Fully Qualified" rating for the period 1 August 2007 through 31 July 2008; and

		(3)  eight "Satisfactory Performance, Promote" and Fully Qualified" evaluations for the rating periods 1 August 2006-31 July 2007, 8 January 2005- 31 August 2005, 8 January 2004-7 January 2005, 15 March 2003-7 January 2004, 26 August 2002-14 March 2003, 26 August 2000-25 August 2001, and 
29 August 1999-21 May 2000.

12.  The applicant was provided with a copy of this advisory opinion on 14 June 2013 but she did not respond. 

13.  Army Regulation 135-155 prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the ARNG and of commissioned and warrant officers of the USAR.  This regulation states: 

	a.  The minimum time-in-grade requirements for promotion from CPT to MAJ is 4 years in the lower grade and the maximum time in grade requirements is 7 years in the lower grade.

	b.  Table 2-2 states the military education requirements for promotion from CPT to MAJ is completion of any officer advanced course.  
	c.  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.  Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual's non-selection by a promotion board and, had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.  The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military schooling.    

14.  MILPER Message 11-338, dated 28 October 2011, announced that a mandatory Department of the Army Selection Board would convene on or about 30 January 2012 to consider Reserve of the Army Promotion List (APL) CPTs for promotion to MAJ.  The above the zone date of rank is from 31 August 2005 and earlier.  Army Regulation 135-155, Table 2-2 lists the MILED requirements for promotion selection.  The MILED requirements must be completed no later than the day before the board convened.  Evidence that an officer had completed the military education requirements must be in the officer's "My Board File (MBF)."  The MILED requirement for promotion from CPT to MAJ is any officer advanced course (OAC), captains career course (CCC), or equivalent.  

	a.  In accordance with Army Regulation 135-155, the Chief, Department of the Army promotions is the approval authority for all requests for exception to non-statutory promotion requirements.  In order to be granted a MILED waiver for promotion, the CPT must have completed at a minimum the non-resident portion of the course and be scheduled for the resident phase.  Waiver requests process is explained.  

	b.  Requests for MILED waivers must demonstrate some hardship or other justification of an exceptional nature meriting favorable consideration and include an endorsement from the chain of command.  It is incumbent that all officers provide orders and proof of completion with the waiver request and submit all associated supporting documentation no later than 16 January 2012. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant raises several issues including a military education waiver, consideration by an SSB, reinstatement in the USAR, and/or alternatively, a transfer to the Retired Reserve.  

2.  The applicant was promoted to CPT on 1 November 2004.  The minimum time-in-grade requirements for promotion from CPT to MAJ is 4 years in the lower grade and the maximum time in grade requirements is 7 years in the lower grade.  Additionally, the military education requirements for promotion from CPT to MAJ is completion of any officer advanced course.  

3.  Implicit in the Army's personnel system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers.  The applicant – a human resources officer - knew or should have known of the date of her upcoming promotion board, the need to meet the MILED requirements, or at least the option to write to the President of the promotion selection board.  Her failure to exercise due diligence in managing her career does not establish an error by the Army. 

4.  The exact reasons she was not selected are unknown.  The decision to recommend an officer for promotion is based upon the criteria established by the Secretary of the Army and the collective judgment of the respective board members as to the relative merit of an officer's overall record when compared to the records of other officers being considered.  It can only be concluded that the previous promotion boards determined that her overall record, when compared with the records of her contemporaries in the zone of consideration, did not reflect as high a potential as those selected for promotion.

5.  By law and regulation, an officer who is twice not selected for promotion must be discharged or if otherwise qualified, may be transferred to the Retired Reserve.  The evidence of record shows the applicant was in fact transferred to the Retired Reserve, effective 21 July 2013. 

6.  In order to support an SSB, there must be a material error.  Material error in this context is one or more errors of such a nature that in the judgment of the reviewing official (or body) it caused an individual's non-selection by a promotion board and that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.  By her own admission, she does not meet the criteria for consideration by an SSB. 

7.  After a comprehensive review of the applicant's case, there does not seem to be an error or an injustice.  In view of the foregoing, there is an insufficient evidentiary 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 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)                                         AR20130007088



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ABCMR Record of Proceedings (cont)                                         AR20130007088



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