BOARD DATE:	  27 February 2014

		DOCKET NUMBER:  AR20130009152 


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 application for reinstatement into the U.S. Army Reserve (USAR) and promotion to the rank of captain (CPT).

2.  The applicant states, in effect, that his first non-selection was due to a material error.  He goes on to state that the record of proceedings indicating he had completed his service obligation is questionable and should be recalculated to show that his obligation expires in May 2013.  He further states that there are provisions of law that provide for his retention.  He also states that he met the requirements and should have been promoted to the rank of CPT.

3.  The applicant provides a two-page letter explaining his request that also contains a list of enclosures with his request.

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 AR20110021577, on 14 June 2012.

2.  The available evidence shows the applicant completed his bachelor’s degree on 12 May 2005 and he was appointed as a USAR second lieutenant on the same date.

3.  The applicant completed the Transportation Officer Basic Course on
20 December 2005.  His DA Form 1059 (Academic Evaluation Report) was added to his interactive Personnel Electronic Records Management System (IPERMS) records on 10 January 2006.

4.  He was promoted to the rank of first lieutenant on 27 May 2007.

5.  His bachelor’s degree was not added to his iPERMS records until 22 October 2010.

6.  Meanwhile, the applicant was notified by memorandum that he was not selected for promotion to the rank of CPT by the mandatory selection board that convened on 3 November 2009 because his records did not indicate that he had completed the required civilian and/or military education by the day before the date the board convened.  There is no evidence in the available records to show that he requested promotion reconsideration.

7.  His records contain two DA Form 67-9 (Officer Evaluation Reports) covering the periods 1 December 2007 through 23 July 2008 (a referred report) and          1 December 2008 through 30 November 2009 which show that he was not recommended for promotion by either his rater or senior rater.  

8.  His records show that he was twice non-selected for promotion to CPT by the Fiscal Year 2010 Reserve Component Selection Board (RCSB) and on 2 March 2011 his security clearance was suspended.

9.  On 1 November 2011, he was discharged from the USAR due to being twice non-selected to CPT.

10.  Title 10, U.S. Code, Section 14504, states officers twice non-selected for promotion to CPT will be removed from the Reserve Active Status List on the first day of the seventh month after the President approves the board unless otherwise selectively continued (SELCON) or unless the officer is retained under another provision of law.  Retention is authorized for Soldiers selected for SELCON or those who have at least 18 but less than 20 qualifying years for retired pay at age 60 (Reserve Sanctuary).  SELCON for first lieutenants is only authorized for officers who have not completed their baccalaureate degree and only until the end of their statutory obligation.




11.  Army Regulation 135-175 prescribes the policies and procedures for the separation of RC officers.  Chapter 4, paragraph 4-4a(5), states officers in the rank of first lieutenant, CPT, or major, who have completed their statutory military service obligation, will be discharged for failure to be selected for promotion after the second consideration by an RCSB.  

12.  That regulation also provides that a first lieutenant 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 an 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.

13.  Additionally, officers who discover that a material error existed in their file at the time they were non-selected for promotion may request reconsideration.  Reconsideration will normally not be granted when the error is minor or when the officer, by exercising reasonable care, could have detected and corrected the error.  To determine if there is an error in the promotion file, the officer may request, within 2 years of the board recess date, a copy of his or her file, as considered by the mandatory Reserve of the Army selection board.  

14.  Material error is defined as one or more errors of such a nature that in the judgment of the reviewing official or body may have caused an individual’s non-selection by a promotion selection board.  Had such errors been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions and supporting documents have been noted and appear to lack merit.

2.  The absence of his completion of civilian and military education documents from his officials records do not constitute material error in the applicant’s case because he could have detected and corrected the errors by exercising reasonable care in the form of reviewing his records before being considered by a promotion selection board. 



3.  His contention regarding his military service obligation has been noted; however, in his case the issue is not relevant.  He did not have sufficient service to qualify for retention under Reserve Sanctuary (18 or more years) and he was properly discharged after being twice non-selected for promotion to CPT.

4.  Additionally, he received two evaluation reports that recommended that he not be promoted to CPT and he has failed to provide sufficient evidence to show that those reports are unjust and should be removed from his records.

5.  In view of the foregoing, there appears to be no basis to grant his request for reinstatement and promotion.

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 AR20110021577, dated 14 June 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)                                         AR20130009152



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130009152



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1