IN THE CASE OF:	  

		BOARD DATE:  11 February 2014

		DOCKET NUMBER:  AR20130008614 


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 his records be considered for promotion to chief warrant officer four (CW4) by a special selection board (SSB). 

2.  He states there were documents uploaded into the Interactive Personnel Electronic Records Management System that did not appear on his board file for the Fiscal Year 2011 and 2012  (FY11 and FY12) CW4 Promotion Boards.  These documents included the Maintenance Test Pilot Course Certificate, Aviation Maintenance Leaders Course Certificate, Aviation Maintenance Managers Course Certificate, and a Mountain Qualification Certificate with a 
DA Form 1059 (Service School Academic Evaluation Report).  He explains that he requested an SSB due to the missing documents, but he was denied.  He adds his denial was received over the phone and he never received a confirmation memorandum.  

3.  He states he continued to review his 2012 board file and noticed that his Noncommissioned Officer Evaluations (NCOERs) were in the file; therefore, he submitted a second SSB request.  He adds this took a month to process and he received an email and a memorandum from the U.S. Army Human Resources Command (HRC) stating that his request was denied.  He states even though the NCOERs were in his file, he was told before the board met that the NCOERs had been removed from his file and there were no errors in his file. 

4.  The applicant provides:

* His FY11 and FY12 CW4 Aviation Promotion Selection Board (PSB) File
* His request for an SSB with HRC Memorandum, Subject:  SSB Panel Results FY12, CW4, Aviation PSB, dated 5 November 2012
* HRC email, dated 22 October 2012

CONSIDERATION OF EVIDENCE:

1.  After having prior service as an enlisted Soldier, on 10 May 2000 the applicant was appointed as a warrant officer one.

2.  He served in Iraq from 10 January 2005 to 19 January 2006 and 1 June 2007 to 27 July 2008.  He also served in Afghanistan from 16 February 2011 to 
20 January 2012.  

3.  As part of his board file, the applicant provided:

   a.  Eight NCOERs from the period March 1993 through December 1999.  These reports show he was consistently rated as either "Fully Capable" or "Among the Best" by his raters and he received overall performance/potential ratings of either "Successful 1 or 2" or "Superior 1 or 2" by his senior raters with supporting bullet comments.

   b.  Two emails, dated 13 January 2011 and 26 February 2012, which confirm entries he made relative to his official military personnel file (currently known as his Army Military Human Resource Record (AMHRR)) for the FY11 and FY12, respectively, CW4 Aviation PSBs.  

   c.  A DA Form 1059, dated 11 May 2002, showing he successfully completed the Mountain Qualification Course from 6 May through 11 May 2002.  He also provided a High Altitude Army Aviation Training Site Certificate for the same course. 

   d.  An Aviation Maintenance Leaders Course Certificate showing he successfully fulfilled the requirements of instruction prescribed for the course from 8 December 2006 to 11 January 2007.
   
   e.  A UH-60 Maintenance Test Pilot Course Certificate showing he successfully fulfilled the requirements of instruction prescribed for the course from 24 April to 31 May 2007.
   
   f.  An Aviation Maintenance Managers Course Certificate showing he successfully fulfilled the requirements of instruction prescribed for the course from 12 January to 9 February 2007.

4.  On 24 February 2012, he received an email notifying him that he was being considered for the FY12 CW4 Aviation PSB which would convene on 23 April 2012.  His zone of consideration was listed as "Above the Zone."  The email explained "the My Board File web site is a tool that allows you to review and certify your board documents."  

5.  On 19 October 2012, the applicant requested reconsideration for promotion under the same criteria and instructions of the FY12 CW4 Aviation PSB.  In his request he stated:

I further understood that I was afforded the opportunity to submit documents to my AMHRR, to My Board File and to correspond to the President of the board of possible administrative deficiencies in my records or to bring special attention to any matter I considered important during consideration and that failure to do so does not constitute "material unfairness" or a "material error."  I am requesting an SSB because of NCOERs that were duplicated and appeared on My Board File.  These reports are restricted information and should not have appeared on the file.  Furthermore, I viewed and certified My Board File several times when the board file opened on 23 February 2012 and closed on 18 April 2012 and my NCOERs were not in the file at these times.  My Board File also has that I only viewed and not certified My Board File on 26 February 2012 when I know that I certified the file several times from when the file opened until it closed.  

6.  On 22 October 2012, the HRC representative acknowledged receipt of the applicant's request for an SSB.  

7.  On 5 November 2012, the Chief, Officer Promotions Special Actions, HRC, stated a special review panel carefully considered the applicant's request for reconsideration of promotion by an SSB, but unfortunately he was not recommended for reconsideration.  This official stated they affirmed and verified through the Department of the Army Secretariat that his NCOERs did not appear before the FY12 CW4 Promotion Board.  Therefore no material error exists.  

8.  The applicant's AMHRR is void of any evidence that indicates he previously requested an SSB for missing certificates.


9.  On 28 February 2013, the applicant was honorably retired in the rank of CW3 with an effective date of rank of 1 March 2007.

10.  Army Regulation 600-8-29 (Officer Promotions) provides the Army's policies and procedures on officer promotions.  Chapter 7 provides guidance on SSBs.  It states SSBs may be convened (discretionary) to consider or reconsider commissioned or warrant officers for promotion when Department of the Army discovers that the officer was not considered by a regularly scheduled board because of administrative error; the board that considered an officer acted contrary to law or made a material error; or the board that considered the officer did not have before it some material information.  Reconsideration will normally not be granted when an administrative error was immaterial (minor) or when the officer, by exercising reasonable care, could have detected and corrected the error.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has failed to provide any, to show that there was a material error and based on that error, he should have been entitled to an SSB. 

2.  The applicant maintains he originally requested an SSB based on several course completion certificates and a DA Form 1059 for successfully completing the Mountain Qualification Course being missing from his board file.  However, there is no evidence and he has not provided any to substantiate his claim.

3.  The evidence of record shows that on 19 October 2012 he requested reconsideration for promotion by the FY12 CW4 Aviation PSB.  He cited NCOERs that were duplicated and appeared on the My Board File as justification for the SSB.  On 5 November 2012, the Chief, Officer Promotions Special Actions Branch affirmed and verified through the Department of the Army Secretariat that his NCOERs did not appear before the FY12 CW4 Aviation PSB. Therefore, HRC determined that no material error existed and denied his request for an SSB.  He provides insufficient evidence to show these NCOERs were seen by the board.

4.  As cited above, SSBs may be convened (discretionary) to consider or reconsider officers for promotion when it is discovered that an administrative error exists.  There appears to be no significant material error or injustice in his case which would warrant consideration by an SSB.

5.  In view of the foregoing, 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 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)                                         AR20130008614



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ABCMR Record of Proceedings (cont)                                         AR20130008614



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