IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130019953
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 that her date of rank (DOR) for promotion to the rank of captain (CPT) be changed to 15 March 2012.
2. The applicant states, in effect, that there was an administrative error regarding the uploading of her transcripts to iPERMS on 9 May 2008. She submitted an explanation with transcripts and was granted a second look for promotion to the rank of CPT and now believes she did not get a second look for promotion based on the absence of evidence to show she met the education requirements that she provided.
3. The applicant provides copies of emails, her notification of non-selection for promotion, special selection board (SSB) notification, and SSB results.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a U.S. Army Reserve (USAR) Quartermaster Corps second lieutenant on 23 April 2009.
2. On 21 September 2009, while attending the basic officer leadership course at Fort Lee, Virginia, the applicant received a General Officer Memorandum of Reprimand (GOMOR) for driving under the influence of alcohol.
3. The applicants company commander recommended that the GOMOR be filed in her OMPF because it was her second DUI within the last 10 years (first DUI in 2001) and she needed to be forced to enroll in the Army Substance Abuse Program (ASAP). The brigade commander recommended filing it in the restricted section of her official records. The imposing authority directed the GOMOR be filed in her official records. Accordingly, it was filed in the performance section of her official records.
4. The applicant was promoted to the rank of first lieutenant on 22 October 2010.
5. On 5 March 2012, a memorandum was dispatched from the 99th Regional Support Command (RSC) notifying the applicant that she had been non-selected to the rank of CPT during her first consideration and that her records did not reflect that she had completed the required civilian and/or military education requirements before the date the board convened.
6. On 17 April 2012, the applicant was notified by the U.S. Army Human Resources Command (HRC) that she would be reconsidered for promotion by an SSB.
7. On 24 January 2013, the applicant was notified by HRC that she was considered by an SSB and was again not selected for promotion to CPT. She was informed that the reason for her nonselection was not known.
8. However, the applicant was selected for promotion to CPT by the mandatory Fiscal Year 2013 Reserve Component, Captain, Army Promotion Selection Board and was promoted to the rank of CPT on 1 July 2013.
9. In the processing of this case a staff advisory opinion was obtained from HRC who opined that a review of the applicants DOR and promotion board history was conducted and a determination was made that her current DOR to CPT is correct.
10. The advisory opinion was provided to the applicant and she responded to the effect that she did not agree with the opinion due to the fact that she received notification before the selection board convened verifying that she met education requirements before the board convened and yet she was notified that she was not selected because she did not meet education requirements.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her DOR should be changed to 15 March 2012 has been noted and found to lack merit.
2. The applicant contends that the reason for her disagreement with the advisory opinion is based on the notification she received which informed her that she was not promoted because she did not meet education requirements.
3. Reasons for nonselection by a promotion board are not divulged unless the reason was failure to meet civilian or military education requirements. Her first notification of nonselection had informed her she had not completed the required civilian and/or military education. It appears that she had, and that was the reason she was considered by an SSB. However, the letter of non-selection after her SSB consideration did not say that she was not selected because she did not meet education requirements. It simply stated that she was not among those selected and the reason for her nonselection was not known.
4. It is a well known fact that promotion boards are not allowed to divulge the reasons for selection and non-selection of those considered and the applicant was no exception.
5. While there may have been an administrative error such as the absence of education documents that caused her not to be selected the first time, that issued was resolved when she received consideration by an SSB. By virtue of the fact that she was still not selected is indicative that the lack of her education documents was not the sole reason for her non-selection.
6. Since the Board does not have the luxury of reviewing all of the records of those considered, it must be presumed that she was properly considered by the selection boards that reviewed her records and that there is no error or injustice associated with her first non-selection for promotion .
7. Accordingly, it appear that her DOR for promotion to CPT is correct and that there is no basis to adjust her DOR as requested.
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) AR20130019953
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ABCMR Record of Proceedings (cont) AR20130019953
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