IN THE CASE OF:
BOARD DATE: 20 August 2014
DOCKET NUMBER: AR20130016265
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 rank be restored to captain (CPT) with a date of rank (DOR) retroactive to the time of the error. The applicant further requests return to the U.S. Army Reserve (USAR) in an active status on a date acceptable to him, with all benefits and pay including education benefits lost. In addition, he requests special consideration for future promotions as to not penalize him in the future for time lost.
2. On 5 August 2014, in a phone conversation with an Army Board for Correction of Military Records (ABCMR) analyst, the applicant withdrew his initial request for correction of his military record. The applicant now requests that he be considered for promotion to captain (CPT) by a special selection board (SSB), that his discharge orders from the USAR be voided, and that he receive all back pay and allowances.
3. The applicant states:
* he was a two-time non-select for promotion to CPT and discharged from the USAR
* his officer evaluation reports (OER) were not scanned into his records for promotion consideration
* his unit had the responsibility to place the OERs in his military records
* he was granted an SSB for the missing OERs, but he was discharged prior to the board meeting
* he is in an Advanced Registered Nurse Practitioner (ARNP) program and he would like reinstatement to facilitate finishing school
4. The applicant provides:
* two DA Forms 67-9 OER
* email
* SSB notification reconsideration memorandum, dated 31 August 2011
CONSIDERATION OF EVIDENCE:
1. On 2 June 2008, the applicant was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant (2LT). He was promoted to first lieutenant (1LT) effective 7 January 2007.
2. He was considered but not selected for promotion to CPT by the Fiscal Years 2010 (FY10) and 2011 (FY11) Reserve Component (RC), Army Medical Department (AMEDD), CPT Promotion Selection Boards (PSB).
3. He provides a memorandum from the U.S. Army Human Resources Command (HRC), dated 31 August 2011, which states:
a. he would be reconsidered for promotion by a Department of the Army SSB and
b. he was being reconsidered due to an administrative error, whereby his OERs ending 1 June 2009 and 1 June 2010 were not viewed by the FY10 and FY11 RC, AMEDD, CPT PSBs.
4. On 21 December 2011, he was honorably discharged from the USAR for being twice non-selected for promotion to CPT.
5. There is no evidence that shows he was considered by an SSB after 31 August 2011 or prior to 21 December 2011.
6. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officer Other than General Officers) prescribes the policies and procedures for
promotion of Reserve officers. This regulation specifies that promotion 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered and appear to have merit.
2. The evidence shows he was passed over twice for promotion to CPT. In August 2011, he was informed he would be reconsidered for promotion to CPT by an SSB due to an administrative error. He was discharged from the USAR on 21 December 2011; it appears he was discharged prior to his consideration by an SSB.
3. Since he was not considered by an SSB in accordance with the memorandum he was provided, it would be equitable to submit his records to an SSB at this time, for consideration for promotion to CPT under the applicable criteria, but only as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. submitting his records to the next available SSB for consideration for promotion to CPT under the FY 2010 RC, AMEDD, CPT PSB criteria, and if not selected under the FY 2010 criteria, the 2011 RC, AMEDD, CPT PSB criteria;
b. if he is selected for promotion by the SSB, his records should be corrected by establishing his CPT promotion effective date and date of rank as if he had been originally selected under the earlier criteria identified by the SSB, providing him all back pay and allowances due as a result, and voiding his 2011 discharge orders; and
c. if he is not selected for promotion by the SSB, he should be so notified by HRC promotion officials.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to voiding his discharge from the USAR or paying him back pay and allowances prior to the results of the SSB(s) being released.
_______ _ _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) AR20130016265
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ABCMR Record of Proceedings (cont) AR20130016265
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