IN THE CASE OF:	  

		BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130021672 


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 reconsideration to captain (CPT) under the 2012 and 2013 year criteria.

2.  The applicant states:

   a.  In November 2012 she was considered and not selected for promotion to CPT by the CPT Promotion Board because the officer evaluation report (OER) for the period 18 July 2011 through 17 July 2012, upon which the board made their decision, was inaccurate and unjust.  The OER contained an inaccurate Army Physical Fitness Test (APFT) failure and subsequent underrating.

   b.  She successfully appealed this OER which was declared void and removed by the Officer Special Review Board (OSRB) from her official military personnel file (OMPF).  The OSRB determined promotion reconsideration was warranted as a result of this action.

   c.  After successfully appealing the OER, she completed an appeal with the Special Selection Board (SSB) for promotion consideration to CPT.  However, prior to the approval by the SSB under the 2012 and 2013 year criteria, she was discharged.

   d.  A review of her records will prove that she is highly qualified to be retained in the U.S. Army Reserve (USAR) and equally qualified to be promoted to CPT.  She had never failed the APFT.  She has completed all of her mandatory training, including the Office Basic Leadership Course and Phase I of the CPT Career Course (CCC).  She is currently enrolled for Phase II.  She is currently enrolled in the Masters of Science in Nursing (MSN) program at Benedictine University with a grade point average of 3.5.  She will graduate in December 2013.  

   e.  She has been in military service for 4 years and has never missed a battle assembly or been counseled for any wrongdoing.  While she was assigned to the 405th Combat Support Hospital, she was a platoon leader and a unit prevention leader officer.

   f.  She was not selected the first time for promotion to CPT because after joining the USAR in October 2009 she was assigned to a unit that was deactivated.  Everyone was in the process of looking for a new unit.  She was not mentioned and did not know exactly what to do because everyone with the exception of one military technician was being transferred out of the unit.  She was finally transferred to the 405th Combat Support Hospital in September 2011. Although she requested help several times, she was not able to get her record uploaded on the interactive Personnel Electronic Records Management System in time for her first promotion board consideration.

3.  The applicant provides copies of the following:

* letter from Benedictine University 
* Orders 13-218-00027
* Email from the Army Training Requirements and Resources System (ATRRS)
* OSRB Record of Proceedings (ROP)
* Nonrated Statement memorandum
* letter from the U.S. Army Human Resources Command (HRC)

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed in the USAR, Army Nurse Corps, as a second lieutenant, on 10 October 2009.  Her specialty was clinical nurse.  She was promoted to first lieutenant on 13 August 2010.

2.  She was considered and not selected for promotion to CPT by the 2012 and 2013 Reserve Components Promotion Selection Board.

3.  She provided copies of the following:

   a.  A letter from Benedictine University, date 10 June 2013, wherein she was advised of being in good standing in their MSN program.
   b.  Orders 13-218-00027, issued by Headquarters, USAR Command, dated 6 August 2013, discharging her from the USAR with an effective date of 1 October 2013, by reason of her two-time non-selection for promotion to CPT.

   c.  An email from ATRRS, dated 13 August 2013, wherein she was notified of receipt of her reservation for the CCC with a start date of 9 June 2014.

   d.  OSRB ROP, dated 8 September 2013, wherein the board directed the removal of the OER covering the period 18 July 2011 through 17 July 2012 from the applicant's OMPF, a memorandum be inserted in her OMPF announcing the period as non-rated time, and promotion reconsideration.

   e.  A Nonrated Statement memorandum, dated 12 September 2013, which voided the OER and declared the period as nonrated.

4.  She was honorably discharged from the USAR on 1 October 2013.

5.  She also provided a copy of a letter (undated) from HRC wherein she was advised she was eligible for promotion consideration by an SSB under the 2012 and 2013 year criteria based on an OSRB decision to have her OER removed from her record.  Prior to the approval of the SSB she was discharged.  The Assistant Secretary of the Army for Manpower and Reserve Affairs had directed, based on Title 10, U.S. Code, SSBs for "former officers" without directive from the Army Board for Correction of Military Record (ABCMR) could not occur.  The letter instructed her to apply to the ABCMR.

6.  In an advisory opinion, dated 22 January 2014, the Chief, Officer Promotions, Special Actions, HRC, stated:

   a.  Based on the decisions and actions of the OSRB, they found that the applicant's request for promotion reconsideration had merit.  However, her current "none military" (former officer) status precluded their office from processing her request without an ABCMR directive.

   b.  If the applicant was recommended for promotion by an SSB, the ABCMR should further direct correction of her records by voiding her removal from the Reserve Active Status List and promotion to CPT, once she had met all eligibility criteria in accordance with Army Regulation 135-155 (Army National Guard (ARNG) and USAR, Promotion of Commissioned Officers and Warrant Officers, Other Than General Officers), unless otherwise proven ineligible.  

7.  The advisory opinion was forwarded to the applicant for acknowledgment and comment on 7 February 2014 and she did not respond.
8.  Army Regulation 135-155 sets the policies used for selecting and promoting commissioned officers of the ARNG and USAR.  The regulation states 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 evidence of record shows the applicant was considered and twice non-selected for promotion to CPT.  She was discharged from the USAR on 1 October 2013.  Prior to her discharge, the OSRB directed the removal of an OER from her OMPF, the period declared nonrated, and promotion reconsideration.  

2.  Based on the foregoing, her records should be corrected as recommended below.

BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned by submitting the applicant's records to a duly-constituted SSB for promotion consideration to CPT under the 2012 year criteria.

2.  That if selected under the 2012 year criteria and the applicant meets all prerequisites for promotion, her records be further corrected to show:

   a.  Her discharge from the USAR is void and of no force or effect.

   b.  She was credited with qualifying service for Reserve retirement for her respective retirement years from the dates of her now-voided discharge to the date of her return to the active Reserve.

   c.  That an adequate explanation be placed in her OMPF to show the gap in her officer evaluation reports from the dates of her now-voided discharge to the date of return to an active Reserve status was not caused by any fault on her part and to ensure that she is not prejudiced thereby in the consideration of any future personnel actions.

   d.  That all documents related to her now-voided non-selection for promotion and her discharge be expunged from her OMPF.

3.  If not selected under the 2012 year criteria, her records be submitted before an SSB for promotion consideration to CPT under the 2013 year criteria.

4.  That if selected under the 2013 year criteria and the applicant meets all prerequisites for promotion, her records be further corrected to show:

   a.  Her discharge is void and of no force or effect.

   b.  She was credited with qualifying service for Reserve retirement for her respective retirement years from the dates of her now-voided discharge to the date of her return to the active Reserve.

   c.  That an adequate explanation be placed in her OMPF to show the gap in her officer evaluation reports from the dates of her now-voided discharge to the date of return to an active Reserve status was not caused by any fault on her part and to ensure that she is not prejudiced thereby in the consideration of any future personnel actions.

   d.  That all documents related to her now-voided non-selection for promotion and her discharge be expunged from her OMPF.

5.  If the applicant is not selected by either of the duly-constituted SSB's, she be so notified.



      _______ _   _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)                                         AR20130021672





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ABCMR Record of Proceedings (cont)                                         AR20130021672



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