IN THE CASE OF:
BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130016925
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 major (MAJ) with a retroactive date of rank (DOR) of August 2013.
2. The applicant states he was notified he was selected for promotion to MAJ by the 2013 MAJ Army Medical Department (AMEDD) Reserve Component (RC) Promotion Selection Board on the Medical Service Corps (MS) Individual Ready Reserve (IRR) promotion list, published on 10 September 2013 with a date DOR retroactive to August 2013. The board convened in November 2012 and he was medically retired with a permanent disability on 29 October 2012.
3. The applicant provides a two-page excerpt from the 2013 MAJ AMEDD RC Promotion Selection Board, released on 10 September 2013.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer on 22 June 2001. During the course of his military career he served in the U.S. Army Reserve (USAR) in various troop program units (TPU) and as an individual mobilization augmentation (IMA) as an MS officer.
2. He was promoted to captain (CPT) with an effective date and DOR of
1 September 2006.
3. He entered active duty on 3 January 2008.
4. Orders Number A-06-210484, issued by the U.S. Army Human Resources Command (HRC) on 11 June 2012 stated he was being retained on active duty for a period of 179 days to provide him the opportunity to participate in the RC Warriors in Transition Medical Retention Processing Program (MRP2) for the completion of his medical care and treatment. The end date of the orders was listed as 30 November 2012. However, these orders were later amended to show:
* he was being retained on active duty for a period of 146 days vice 179 days
* the end date of the orders was listed as 28 October 2012 vice
30 November 2012
* his REFRAD was due to retirement
5. Orders Number 257-0107, issued by Headquarters, U.S. Army North (5th Army), Joint Base San Antonio, Military Personnel Division, Fort Sam Houston, TX, on 13 September 2012 show:
* he was retired because of a physical disability/Permanent Disability
* his retirement grade was listed as CPT
* he would be retired effective 28 October 2012 and placed on the Retired list effective 29 October 2012
6. His DD Form 214 confirms he was retired with a permanent disability on
28 October 2012.
7. His record contains a transaction list located in the Interactive Web System (IWS) which the USAR did not realize the applicant had been retired for a permanent medical disability and HRC submitted his records to a promotion board for consideration for promotion to MAJ.
8. The DA Fiscal Year (FY) 2013 Army Selection Board Schedule shows the RC MAJ AMEDD Selection Board convened on 27 November 2012 and recessed on 18 December 2012.
9. The 2013 MAJ AMEDD RC Promotion Selection Board, released on
10 September 2013, lists the applicant's name.
10. Military Personnel (MILPER) Message Number 12-284 (FY13, MAJ AMEDD, Army Reserve Active Guard Reserve (AR-AGR), Army Reserve Non-Active Guard Reserve (AR Non-AGR), and Army National Guard of The United States (ARNGUS) Competitive Categories, Promotion Selection Boards), issued on
14 September 2012, states officers with an approved separation within 90 days of the convene date of the boards are not eligible for consideration by these Selection Boards (10 USC 14301). Officers affected by this policy have an approved separation date on or before 25 February 2013.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was retired due to a permanent disability on 28 October 2012 and placed on the retired list on 29 October 2012.
2. The evidence of record shows that the USAR did not realize that the applicant was retired. It appears that information and systems failed to be appropriately and timely updated. As a result the applicant's name was erroneously submitted for promotion consideration and he was erroneously selected for promotion.
3. The FY 2013 Army Selection Board Schedule shows the RC MAJ AMEDD Selection Board convened on 27 November 2012 and recessed on 18 December 2012. Both dates occurred after the applicant was placed on the retired list.
4. MILPER Message Number 12-284, the MILPER message that applied to the applicant's board, specifically stated that officers with an approved retirement on or before 25 February 2013 were not eligible for promotion consideration.
5. Based on the foregoing, there is insufficient evidence to justify granting 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) AR20130016925
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130016925
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