IN THE CASE OF:
BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20130011034
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 the removal of a notification of non-selection for promotion (1st time) from his Army Military Human Resource Record (AMHRR).
2. The applicant states:
a. In June 2010, he was commissioned into the U.S. Army Reserve (USAR) after a 6-year break in service. Based on his adjusted date of rank (ADOR) he fell into the primary zone for the fiscal year 2011 (FY11) Major (MAJ) Promotion Selection Board. He had only been back in the USAR 9 months prior to the board convening.
b. Army Regulation 135-55 (Army National Guard (ARNG) and USAR-Promotion of Commissioned Officers and Warrant Officers Other than General Officers) paragraph 2-5a, states that "to be eligible for consideration for promotion to the next higher grade, an Army National Guard of the United States (ARNGUS) or USAR officer must have continuously performed service on either the Reserve active-status list (RASL) or the active duty list (ADL) (or a combination of both lists) during the 1-year period ending on the convening date of the promotion board." Therefore, he was not eligible for consideration for promotion by that board.
3. The applicant provides a memorandum.
CONSIDERATION OF EVIDENCE:
1. The applicants records show he was appointed as a Reserve second lieutenant and executed an oath of office on 28 August 1997. He entered active duty on 14 September 1997 and he was promoted to the rank of captain (CPT) on 1 August 2001.
2. He was honorably released from active duty on 31 December 2004 and he was transferred to the USAR Control Group (Reinforcement). He was ultimately honorably discharged from the USAR on 3 January 2007.
3. He was appointed as a CPT in the USAR and he executed an oath of office on 10 June 2010. Based on his previous service, his ADOR to CPT was 9 January 2005.
4. Military Personnel (MILPER) Message Number 10-329, issued on 17 December 2010, title: FY11, MAJ, ARNGUS, Army Reserve Active Guard Reserve (AR AGR) and AR NON-AGR, Army Promotion List (APL) Competitive Categories, Promotion Selection Boards announced the FY11 promotion boards. It stated, in part, that a mandatory Department of the Army promotion selection board would convene on or about 8 March 2011 to consider all Reserve CPTs for promotion to MAJ with a DOR of 1 September 2004 thru 31 August 2005.
5. The applicant provides and his records contain a memorandum, undated, issued by Headquarters (HQ), 63rd Regional Support Command, Mountain View, CA, subject: Notification of Non-Selection for Promotion(1st time). This memorandum notified him that a Department of the Army Reserve Components (RC) Mandatory Selection Board convened to consider officers of his grade for promotion and he was not selected for promotion by the board.
6. On 19 October 2012, he was promoted to the rank of MAJ in the USAR.
7. Army Regulation 135-155, paragraph 2-5, in part, states that to be eligible for consideration for promotion to the next higher grade, an USAR officer must have performed service on either the RASL, the ADL, or a combination of both lists, during the 1-year period ending on the convening dated of the promotion board and must meet the time in grade requirements.
8. Army Regulation 600-8-104 (AMHRR Management) governs the composition of the AMHRR and states once placed in the AMHRR, a document becomes a permanent part of that file. The document will not be removed from or moved to another part of the AMHRR unless directed by certain agencies, to include this Board
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant, a Reserve officer, served on active duty from 14 September 1997 to 31 December 2004. He was discharged from the USAR on 3 January 2007.
2. After a break in service, he was appointed as a CPT in the USAR on 10 June 2010. At the time the FY11 mandatory selection board for USAR CPTs convened on 11 March 2011, he only had performed 9 months of service on the RASL and was not eligible for promotion consideration. It appears that based on his ADOR to CPT of 9 January 2005 he was erroneously considered by the FY11 promotion board. Therefore, it would be appropriate to remove the non-selection memorandum from his records.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* removing from the applicant's AMHRR the undated memorandum issued by HQ, 63rd Regional Support Command, Mountain View, CA, subject: Notification of Non-Selection for Promotion(1st time)
* ensuring the copy of the memorandum the applicant submitted with his application is not filed in his AMHRR
_______ _ 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) AR20130011034
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ABCMR Record of Proceedings (cont) AR20130011034
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