IN THE CASE OF:	  

		BOARD DATE:	  1 April 2014

		DOCKET NUMBER:  AR20130019186 


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 consideration for promotion to captain (CPT)/pay grade O-3 by a special selection board (SSB).

2.  The applicant states:

	a.  He completed his degree requirements before the Army Promotion List (APL) Board date and, due to an administrative error, Officer of Personnel Management did not update his civilian education records in the interactive Personnel Electronic Records Management System (iPERMS).  Due to this failure to update his education records in iPERMS, a sequence of unfavorable events occurred.  

	b.  Officer Personnel Management failed to submit his promotion file to the APL Board per Military Personnel (MILPER) Message Number 12-222 (Fiscal Year 2013, CPT, Army Reserve Active Guard Reserve, Army Reserve Non-Active Guard Reserve and Army National Guard of the United States, Army Promotion List, Competitive Categories, Promotion Selection Boards), including his education records, dated 
18 September 2012.

	c.  He was also ill advised by them to request a civilian education waiver in which they knowingly submitted the waiver to the SSB past their suspense date.  As a result of their errors, his promotion file was incomplete and was not seen by the promotion board.
	
3.  The applicant provides:

* Request for civilian education waiver, dated 26 September 2012
* Memorandum, dated 10 October 2012, from the Maryland Army National Guard
* Promotion board memorandum, dated 18 July 2013
* Request for reconsideration of promotion, dated 12 August 2013
* Memorandum, dated 10 September 2013, from the U.S. Army Human Resources Command (HRC)
* Transcript with supporting documentation

CONSIDERATION OF EVIDENCE:

1.  Having prior active enlisted service in the U.S. Air Force, inactive service in the Air National Guard, and inactive service in the Army National Guard (ARNG), the applicant was appointed as a second lieutenant in the ARNG on 6 August 2005.  He was promoted to first lieutenant on 11 April 2008. 

2.  He provides a letter, dated 18 September 2012, from Excelsior College which states he satisfied the requirements of the Bachelor of Science degree in Liberal Arts and his degree would be conferred on 16 November 2012.

3.  On 26 September 2012, he requested a waiver of civilian education requirements.

4.  He provides a notification of non-selection for promotion (second time) from the Delaware ARNG, dated 18 July 2013.  This memorandum states as a result of his second non-selection he must be discharged effective 28 February 2014 unless he:

	a.  He was eligible for and requested transfer to the Retired Reserve;

	b.  Had a remaining service obligation; or

	c.  Had been credited with 18 or more but less than 20 years of qualifying Federal service for retired pay; or

	d.  Was transferred to an inactive status if determined by the Secretary of the Army to have skills, which are required to meet mobilization needs.




5.  He provides an email, dated 29 July 2013, from Army officials which states:

* his waiver request was received at NGB on 10 October 2012
* his packet was due to NGB no later than 17 September 2012 and no later than 8 October 2012 to HRC per MILPER Message 12-222, paragraph 4a
* cannot process his waiver request
* he was deemed a two-time non-select for civilian education by the 
      29 October 2012 APL Board
* returned without action on 5 November 2012

6.  In August 2013, he requested reconsideration by an SSB.

7.  He provides a memorandum, dated 10 September 2013, from the Chief, Officer Promotions, Special Actions, HRC,  which states:

	a.  That office cannot approve his request for an SSB.

	b.  In accordance with title 10 U.S. Code, section 14504 and Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officer Other than General Officers), section IV, paragraph 4-33a, a first lieutenant who has failed to be promoted to captain the second time will be removed from the active status list on the first day of the seventh month from the approval date of the board.

	c.  Their records indicate he failed to be recommended for the second time and should have a pending discharge date.

	d.  The Deputy Assistant Secretary of the Army (Manpower and Reserve Affairs) directed that the practice of granting SSBs for "former officers" without directive from the Army Board for Correction of Military Records (ABCMR) be stopped.  It further states not to grant SSBs for "former officers" who no longer have a current military status unless the Secretary of the Army directs via the ABCMR.

8.  Orders 021-501, State of Delaware, Delaware ARNG, dated 21 January 2014, show he would be honorably discharged from the ARNG effective 28 February 2014.  Orders 061-505, State of Delaware, Delaware ARNG, dated 2 March 2014, revoked Orders 021-501.

9.  Army Regulation 135-155 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.

10.  MILPER Message Number 12-122 states ARNG officer requests for civilian education waivers must be submitted through the state/territory G1, to ARNG, Personnel Policy Division, Officer Policy Branch for processing no later than 
17 September 2012.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and appear to have merit.

2.  Although his degree was not conferred until 16 November 2012, documentation from Excelsior College shows he satisfied the requirements of his Bachelor of Science degree on 18 September 2012, prior to the 29 October APL Board.  

3.  His 26 September 2012 request for an education waiver was not timely submitted, just 9 days late for NGB's suspense but it should have been in time for HRC's suspense, and returned without action.

4.  As a matter of equity, it would be equitable to correct his records by forwarding his records to an SSB for consideration for promotion to CPT under the applicable criteria, but only as recommended below.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  showing he received confirmation of completing his civilian education requirements and he requested an education waiver and the waiver was approved in a timely manner.
	b.  submitting his records to an SSB for consideration for promotion to CPT under the applicable criteria.

	c.  if before the SSB process is completed he is removed from the Reserve Active Status List (RASL):

(1)  correct his records by continuing the SSB process;

      (2)  if selected for promotion by the SSB, further correct his records by voiding his removal from the RASL, showing he met all the eligibility criteria for promotion selection effective the approved date of the promotion selection board, promoting him in due course in accordance with Army Regulation 135-155 to CPT with the appropriate date of rank, and paying him all associated back pay and allowances.

	d.  If not selected for promotion, notifying him accordingly.




      _____________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)                                         AR20130019186



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ABCMR Record of Proceedings (cont)                                         AR20130019186



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