IN THE CASE OF: 

		BOARD DATE:	    29 April 2014

		DOCKET NUMBER:  AR20130014753 


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, in effect, consideration by a special selection board (SSB) for promotion to captain (CPT) in the U.S. Army Reserve (USAR). 

2.  The applicant states she was not selected for promotion to CPT with no reason given.  She is fully qualified.   She asked for an SSB and was told she was fully qualified so she was denied.  Her Bachelor of Science in Nursing (BSN) was uploaded after the board convene date.  She had been working on getting it (BSN) submitted months prior to the board meeting and it was uploaded after the convene date.  The error was created by not having her BSN uploaded prior to the board convene date.  Her non-selection is for no reason given although she is fully qualified.

3.  She provides:

* memorandum to the U.S. Army Human Resources Command (HRC)
* memorandum from her commander to HRC
* email response from HRC
* Notification of non-selection memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant was awarded an Associate in Applied Science in Nursing in May 2008.  She was appointed as a Reserve commissioned officer of the Army, Army Nurse Corps (ANC) in the rank of second lieutenant (2LT) and executed an oath of office on 6 October 2009.  
2.  Based on award of constructive service credit (professional experience), the applicant's date of rank (DOR) was adjusted to 22 February 2009.  She was assigned to the 6253rd Army Hospital, a troop program unit of the USAR in Tucson, AZ. 

3.  She was promoted to first lieutenant (1LT) on 21 August 2010.  

4.  She was considered for promotion to CPT by the Fiscal Year 2012 CPT Army Medical Department (AMEDD) Army National Guard (ARNG), Army Reserve Active Guard Reserve, (AR-AGR) and Army Reserve Non-Active Guard Reserve (AR Non-AGR) Competitive Category Army Promotion Selection Board (PSB).  This promotion board convened on or about 9 January 2012 as stated in Military Personnel (MILPER) Message Number 11-288, dated 23 September 2011.  She was not selected for promotion. 

5.  She was awarded a BSN on 21 February 2012.

6.  She was considered for promotion to CPT by the Fiscal Year 2013 CPT AMEDD, AR-AGR, AR Non-AGR, and ARNG Competitive Category Army PSB that convened on or about 27 November 2012 as stated in MILPER Message Number 12-283, dated 14 September 2012.  She was not selected for promotion.

7.  In June 2013, Headquarters, 63rd Regional Support Command dispatched a memorandum titled "Options Upon Nonselection for Promotion After Second Consideration" to the applicant.  It reads: 

	a.  The purpose of this memorandum is to provide further information concerning options available to you as a result of your recent consideration for promotion.  Reserve officers not selected for promotion are considered again by a selection board approximately 1 year later.  If they are not selected on this second consideration, they must be separated not later than the 1st day of the 7th month following the President’s approval of the board results unless they:

* are a CPT or a major and have a remaining service obligation
* are eligible for and request reassignment to the Retired Reserve (if you have completed 20 years of qualifying service for Reserve retired pay at age 60 and have a 20-year letter)
* have been credited with 18 or more but less than 20 years of satisfactory Federal service for retired pay purposes

	b.  She has been considered twice for promotion to the next higher grade by the Army Reserve Components Selection Board and was not selected.  Her transition from an active status is thus mandatory in accordance with the policy stated above.

8.  She was honorably discharged from the USAR on 1 October 2013 by reason of being two-time non-select for promotion to CPT.

9.  She provides: 

	a.  A memorandum dated 29 March 2013 to HRC wherein she requested reconsideration for promotion to CPT under the Fiscal Year 2012 criteria.  She acknowledged her understanding of the SSB process and that any documents received outside the established time limits announced in the MILPER Message are not considered cause for reconsideration.  

	b.  A memorandum dated 25 July 2013, from her former commander to HRC. Her commander requested the applicant's records be reconsidered for promotion to CPT.  She added the applicant took great diligence to ensure her promotion file complied with the instructions.  There was a delay in the unit getting her degree filed and she, the commander, takes responsibility for this action.  As a result, she was passed over "fully qualified" for no reason. 

	c.  An email, undated, from an official at HRC in response to her request for reconsideration of promotion by an SSB.  When considered by the Fiscal Year 2012 PSB she was not civilian education (CIVED) qualified; therefore, she was not eligible for selection of promotion.  Her CIVED degree was included in her Fiscal Year 2013 PSB file.  She viewed her board file on 13 November 2012 and at that time her diploma was not in the file.  On 15 November 2012, the diploma was added to her iPERMS and subsequently uploaded to the PSB.  The reasons for the nonselection are unknown because statutory requirements in Title 10, U.S. Code, Section 618, prevent disclosure of board proceedings to anyone not a member of the board.  Her file when viewed by the board was complete; therefore, she is not eligible for SSB consideration. 

10.  An advisory opinion was obtained on 9 October 2013 from the Office of Promotions at HRC.  An advisory official recommended disapproval of her request and stated:  

	a.  Based on a review of the information provided, HRC found that the applicant is not entitled to reconsideration for promotion by an SBB.  She states that an error occurred in her board file whereby her BSN was not filed prior to the convene date of the promotion selection board.  An additional review of her board file reaffirms HRC's previous response (to her) that her file reflected that she was educationally qualified.
	b.  Further speculation for her non-selection are unknown because statutory requirements set forth in Title 10, USC, section 14104 Nondisclosure of Reserve Selection Board Proceedings, prevent disclosure of these proceedings to anyone outside the promotion board in question.  The decision to recommend an officer for promotion is based upon the criteria established by the Secretary of the Army and the collective judgment of the respective board members as to the relative merit of an officer's overall record when compared to the records of other officers being considered.

	c.  All promotion selection board MILPER Message announcements (be it for Active or Reserve Component) are posted between 90 to 120 days before the board convenes.  This allows all officers the opportunity to view and correct any deficiencies on the DA Form 2-1 (Personnel Qualification Record - Part II), Officer Record Brief, or documents within the Army Military Human Resource Record. This also allows any officer the option to submit correspondence to the President of the board to address any issues he or she feels is important during consideration; failure to do so does not constitute material unfairness or a material error.

11.  The applicant was provided with a copy of this advisory opinion.  She did not respond. 

12.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) states promotion consideration or reconsideration by an SSB may only be based on erroneous non-consideration or material error which existed in the record at the time of consideration.  The regulation further specifies that HRC is the approval authority for all current criteria requests for exception to non-statutory promotion requirements (i.e., military education), and that requests must contain complete justification and be received prior to the board convening date.  

13.  Army Regulation 135-155, paragraph 2-9 states that effective 1 October 1995, no person may be selected for promotion to the Reserve grade of CPT unless, not later than the day before the selection board convene date, that person has been awarded a baccalaureate degree from an accredited institution recognized by the Secretary of Education or, within the 3 years preceding promotion, the officer has earned a baccalaureate degree from an unaccredited educational institution that has been recognized by the Department of Defense (DOD) for purposes of meeting officer educational requirements.  This requirement does not apply to a person who is appointed in a health profession for which a baccalaureate degree is not a condition of original appointment or assignment.  All ANC commissioned officers initially appointed on or after 
1 October 1986 must possess, as a minimum, a baccalaureate degree in nursing from an accredited institution recognized by the U.S. Secretary of Education.  Nurse anesthetists who hold, as a minimum, a baccalaureate degree in any field are considered educationally qualified.

14.  Title 10, U.S. Code, section 14504 states a 1LT on the Reserve Active Service List (RASL) of the Army, Air Force, or Marine Corps or a lieutenant (junior grade) on the RASL of the Navy who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall be separated in accordance with section 14513 of this title not later than the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed in the ANC in the USAR on 6 October 2009 with a DOR of 22 February 2009.  She was promoted to 1LT on 21 August 2010.  She was not educationally qualified during the Fiscal Year 2012 PSB. 

2.  The Fiscal Years 2012 PSB convened in January 2012.  She obtained her BSN in February 2012.  She was not (civilian) educationally qualified when the 2012 board convened.  However, when she was considered by the Fiscal Year 2013 PSB, her promotion file was complete and she was considered educationally qualified; however, she was not selected for promotion.

3.  The reason for her non-selection is unknown since promotion boards do not disclose the reason for selection or non-selection of an officer.  As required by law, she was discharged from the USAR after having been twice not selected for promotion.  There does not seem to be an error or an injustice in her case.  As a result, there is insufficient evidence to grant her the requested relief. 

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)                                         AR20130014753



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ABCMR Record of Proceedings (cont)                                         AR20130014753



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