IN THE CASE OF:	  

		BOARD DATE:	  25 June 2013

		DOCKET NUMBER:  AR20130008215 


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 the rank/grade of major (MAJ)/O-4 by a special selection board (SSB).

2.  The applicant states that on 9 October 2012, prior to the convene date of the regularly scheduled Fiscal Year 2013 (FY13) MAJ Promotion Selection Board (PSB), he reviewed and certified his "My Board File" (MBF), which included his Officer Record Brief (ORB).

	a.  On 10 October 2012, an update of ORB's occurred to ensure the very latest information was pulled in on all candidates being considered by the board. The information on his ORB changed and omitted 14 months of command time.

	b.  He states he was unfairly disadvantaged because the board viewed this ORB, which did not reflect his additional 14 months of command time.  As a result, he was a non-select by the board.

	c.  He submitted a request for SSB to the U.S. Army Human Resources Command (HRC), Officer Promotions, Special Actions Branch.  However, his request was denied because "the ORB does not equate/constitute a material error for SSB consideration."

3.  The applicant provides copies of three of his DA Forms 4037 (ORB's) and an HRC SSB email message.



CONSIDERATION OF EVIDENCE:

1.  The applicant had prior honorable active duty enlisted service in the U.S. Navy from 16 August 1988 through 15 August 1991.  He also had prior honorable enlisted service in the Army National Guard of the United States (ARNGUS) and Louisiana ARNG (LAARNG) from 28 August 1998 through 26 August 2000.

2.  The applicant was appointed as a Reserve commissioned officer of the ARNGUS and LAARNG, in the rank of second lieutenant, on 27 August 2000.
Upon completion of training, he was awarded military occupational specialty (MOS) 21B (Combat Engineer).

3.  He was promoted to captain (CPT)/O-3 on 1 February 2006.

4.  A review of the applicant's Army Military Human Resource Record (AMHRR) maintained in the interactive Personnel Electronic Records Management System (iPERMS) revealed the following pertinent DA Forms 67-9 (Officer Evaluation Reports (OERs)) that are filed in the performance folder of his AMHRR:

	a.  for the period 16 June 2008 through 15 June 2009 that shows in:

* Part I (Administrative Data)

* block j (Rated Months):  12
* block k (Nonrated Codes): no entry (blank)

* Part III (Duty Description)

* block a (Principal Duty Title):  Battalion Rear Detachment Commander
* block b (Position/Area of Concentration/Branch) 01A

* Part V (Performance and Potential Evaluation - Rater):  "Outstanding Performance, Must Promote"
* Part VII (Senior Rater):  "Best Qualified"  

	b.  for the period 17 June 2009 through 15 October 2009 that shows in:

* Part I

* block j:  4
* block k:  no entry (blank)

* Part III

* block a:  Battalion Rear Detachment Commander
* block b:  01A

* Part V:  "Outstanding Performance, Must Promote"
* Part VII:  "Best Qualified"  

	c.  for the period 16 October 2009 through 26 March 2010 that shows in:

* Part I:  block j:  5

* Part III

* block a:  Company Commander
* block b:  21B00/Engineer

* Part V:  "Outstanding Performance, Must Promote"
* Part VII:  "Best Qualified"  

5.  In support of his request, the applicant provides the following documents:

	a.  three ORBs, as follows:

		(1)  dated 18 October 2011, that shows in section IX (Assignment Information): 

* Battalion Staff Officer Forward - Kuwait; Duty MOS (DMOS) 21Z; 1st Infantry Team, 1st Brigade, Arifjan, Kuwait, from 31 July 2007 through 12 August 2008 (12 months)
* Commander; DMOS 21Z; Rear Detachment, 46th Engineer Battalion, Fort Polk, LA, from 13 August 2008 through 11 November 2009 (14 months)
* Commander; DMOS 21Z; 687th Engineer Company (Combat), Fort Polk, LA, from 12 November 2009 through 25 March 2010 (5 months)

		(2)  dated 10 October 2012, that shows in section IX:

* Battalion Staff Officer Forward - Iraq; DMOS 21Z; 1st Infantry Team, 1st Brigade, Arifjan, Kuwait, from 31 July 2007 through 11 November 2009 ("12" months)
* Commander; DMOS 21Z; 687th Engineer Company (Combat), Fort Polk, LA, from 12 November 2009 through 25 March 2010 (5 months)

   	(3)  dated 9 April 2013, that shows in section IX:

* Battalion Staff Officer Forward - Iraq; DMOS 21Z; 1st Infantry Team, 1st Brigade, Arifjan, Kuwait, from 31 July 2007 through 11 November 2009 ("12" months)

* Commander; DMOS 21Z; 687th Engineer Company (Combat), Fort Polk, LA, from 12 November 2009 through 25 March 2010 (5 months)

	b.  An email message from an official at HRC, Officer Promotions, Special Actions Branch, Fort Knox, subject:  SSB Request, dated 9 April 2013:

		(1)  He affirmed the applicant's FY13 MAJ PSB ORB does not reflect the 14 months of command time that his FY12 MAJ PSB ORB reflected, and that his ORB, dated 9 April 2013, is still reflective of his FY13 MAJ PSB ORB.

		(2)  He also affirmed the applicant reviewed his MBF on 9 October 2012 and that "a fresh pull of ORBs was done to ensure the very latest information was pulled on all considered candidates for the board."  This process triggered an automatic email message to all considered candidates notifying them that "a change to your Board File has occurred" and recommended the candidates "review and recertify, if need be."  Officers were also allowed to include their concerns deemed important to the promotion board members by submitting a letter to the President of the Board.

		(3)  The official added, "there is no way to determine why you were not selected for promotion.  The reasons for your non-selection are unknown because the statutory requirements in Title 10, U.S. Code, prevent disclosure of board proceedings to anyone that is not a member of the board.

		(4)   The applicant was informed that the ORB for his FY13 MAJ PSB file does not equate to or constitute a matter of material error for SSB consideration.  Accordingly, his request for SSB was denied.

6.  Army Regulation 600-8-104 (Army Military Human Resource Records Management), paragraph 4-9, provides rules for administering officer pre-board processing.  This paragraph provides that officers in the zone of consideration will review and update their ORB; all current, available admissible personal information will be submitted to the AMHRR; and these officers are responsible for maintaining and submitting current information to the PSB.

7.  Army Regulation 600-8-29 (Officer Promotions), chapter 7 (SSB), paragraph 7-3 (Cases Not Considered), provides, in part, that an officer will not be considered or reconsidered for promotion by an SSB when the following occurs:  an administrative error was immaterial, or the officer, in exercising reasonable diligence, could have discovered and corrected the error in the ORB or AMHRR.  (The ORB is a summary document of information generally available elsewhere in the officer's record.)  It is the officer's responsibility to review his or her ORB and AMHRR before the board convenes and to notify the board, in writing, of possible administrative deficiencies in them.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be considered for promotion to MAJ/O-4 by an SSB under the FY13 MAJ PSB criteria because his ORB in his MBF that was reviewed by the board was missing 14 months of command time.

2.  The evidence of record shows the applicant's ORB that was reviewed by the FY13 MAJ PSB was missing 14 months of command time for the period of time from 13 August 2008 through 11 November 2009.

3.  The evidence of record also shows the applicant's OER's that are filed in the performance folder of his AMHRR show:

	a.  he served 16 rated months as a Battalion Rear Detachment Commander (DMOS 01A) from 16 June 2008 through 15 October 2009 and he received outstanding ratings for the period of the two reports, and

	b.  he served 5 rated months as Company Commander (DMOS 21B) from 16 October 2009 through 26 March 2010 and he received outstanding ratings for the period of the report.

4.  On 9 April 2013, the HRC, Officer Promotions, Special Actions Branch, denied the applicant's request for promotion consideration by an SSB because the issue with regard to the ORB for his FY13 MAJ PSB file did not equate to or constitute a matter of material error for SSB consideration.

5.  The governing Army regulation provides that an officer will not be reconsidered for promotion by an SSB when an administrative error was immaterial, or the officer, in exercising reasonable diligence, could have discovered and corrected the error in the ORB or AMHRR.

	a.  There is no evidence the applicant expressed his concerns to the promotion board members by submitting a letter to the President of the Board regarding the 14 months of command time missing from the ORB in his MBF that was to be reviewed by the FY13 MAJ PSB.

	b.  In any event, the applicant's two OERs that are filed in the performance folder of his AMHRR (and provided to the board in his MBF) actually show 16 rated months as Battalion Rear Detachment Commander and that he received outstanding ratings for the period covered by the two reports.

	c.  Comparatively, the two OER's provide much more substantive (material) information regarding the applicant's duty performance during the period under review than the single line entry missing from the ORB.

	d.  Thus, based on the available evidence, it is reasonable to conclude that the entry missing from his ORB constituted an administrative error that was immaterial.

6.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20130008215



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008215



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1