IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130009894
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 promotion to the rank of brigadier general (BG)/pay grade O-7.
2. The applicant states he believes he is entitled to and should receive promotion to the rank of BG. He retired in the rank of colonel/O-6. His duties in the Army included many secret projects and he was published in the U.S. Army Reserve (USAR). He received a medal for the major role he played in the Agent Orange Task Force. He alone worked on and decided the Fort Detrick, MD disposition of the M55-Biological Rocket. Due to the secrecy of the project he was unable to receive an award for this work. He had been recommended for promotion to BG. All of his reports are with the Army since he was an individual mobilization augmentee and he was not allowed to keep copies due to an inability to protect them.
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's complete military records are not available to the Board for review. However, there are sufficient documents remaining in his record for the Board to conduct a fair and impartial review of this case.
3. His records show that following 4 years of active service and prior Army National Guard and USAR enlisted service, he was appointed as a Reserve commissioned officer effective 19 September 1979.
4. His records show he was promoted to the rank of colonel in the USAR with a date of rank and effective date of 8 August 1990.
5. His records show he was transferred from a lieutenant colonel environmental science officer position to the Retired Reserve in the rank of colonel effective 2 January 1996.
6. On 16 July 1995, he was placed on the Army of the United States Retired List in the rank of colonel.
7. There is no evidence he was ever proposed by the Chief, Army Reserve (CAR) or considered or selected for promotion to BG by a General Officer Promotion Selection Board (GOPSB), or confirmed by the Senate for promotion to BG.
8. Army Regulation 135-156 (Reserve Component (RC) General Officer (GO) Personnel Management) establishes policies and procedures for the personnel management of RC officers of the Army National Guard of the United States and the USAR, who are on the Reserve Active Status List, to and within GO grades.
a. This regulation states that RC GO billets that support Headquarters, Department of the Army organizations are approved by the Chief of Staff of the Army (CSA) and may be proposed by the Chief, National Guard Bureau or the CAR, as appropriate.
b. A USAR GO Assignment Advisory Board (GOAAB) will be convened annually by the Secretary of the Army (SA) to consider USAR officers for assignment to GO positions. The SA will convene USAR GOPSBs to consider eligible officers for promotion based on the assignment recommendations of the GOAAB. The DA General Officer Management Office (GOMO) will issue the SAs eligibility criteria for each years boards.
(1) The GOAAB will produce order of merit lists that will serve as the basis for the CSA and CAR to make GO assignment recommendations to the SA.
(2) Each colonel who is recommended on a GOAAB order of merit list for assignment to a position of the next higher grade will be considered by a GOPSB.
(3) An officer previously recommended by a GOAAB is eligible for consideration by a GOAAB convened in subsequent years, provided the officer is otherwise qualified.
(4) An officer who was previously recommended on a GOPSB report but never assigned or promoted pursuant to that recommendation is not eligible for further GOPSB consideration.
c. This regulation further states, in pertinent part, that DA GOMO will publish promotion orders for officers in the grade of O-6 in an active status within statutory and regulatory strength limits, once they are confirmed by the Senate for promotion to O-7 and assigned to the higher grade billet.
DISCUSSION AND CONCLUSIONS:
1. His contentions were carefully considered. However, there is no evidence to support his request.
2. There is no evidence he was ever considered for or selected for promotion to BG by a GOPSB or confirmed by the Senate for promotion to BG. Therefore, there is no 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 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) AR20130009894
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