BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20130022355 


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 reconsideration of his original request for correction of his military records to show he was reinstated as a commissioned officer in the U.S. Army Reserve (USAR).

2.  The applicant states:

	a.  He provides new evidence with his argument that was not previously considered by the Board to support his request.

	b.  His branch manager provided him erroneous and conflicting information during a very confusing and fast moving time of changing requirements which ultimately resulted in the end of his career.

   c.  In February 2010, prior to deploying to Afghanistan, in an effort to prioritize the time between his deployment duty requirements and college enrollment, he contacted MAJ T______ regarding his promotion eligibility timeline and was informed his earliest date for promotion to CPT was 30 September 2014.
   
   d.  In understanding he needed 60 credit hours to complete his degree, which equated to 24 months, and would be downrange for 12 months, he calculated he had 36 months to complete his education requirement after his deployments which would be prior to 30 September 2014.
   
   e.  In June 2010, while in Afghanistan, he again contacted the U.S. Army Human Resources Command (HRC) regarding his options and timeline for promotion and while MAJ T______ advised him this time to resume his college classes in order to acquire his bachelor degree, he did not inform him of the new promotion timeline change.

   f.  He immediately enrolled in college and resumed classes on 5 July 2010.
   
   g.  On 21 September 2010, 

* Mr. M_____, his HRC Branch Manager, informed him that per Military Personnel Message 10-179, he needed to prepare for promotion consideration by the CPT board that would convene and consider him in November 2010
* he (the applicant) immediately replied on the same day informing his branch manager he was deployed and had not yet completed his bachelor's degree at that time
* Mr. M_____ replied, you are being considered below the zone for this promotion and as a result, your consideration will not count as a passover for promotion
* he was now enrolled in college on a fulltime basis but still unaware of the new promotion timeline change and had he known he would have doubled his schedule in order to complete his degree by the November 2011 board deadline

h.  On 20 May 2011, he received notification of his first notification of non-selection for promotion and immediately informed his branch manager of this information who maintained it was not a problem and not to worry.

i.  On 13 October 2011, his branch manager forwarded him an education waiver for the November 2011 board which was signed by his brigade commander and returned with a letter from DeVry University certifying he was on schedule to complete his degree requirements in December 2011; however, the waiver was subsequently denied.

j.  On 22 November 2011, his branch manager informed him "We tried, you should be good for the next board.  Actually your 20091002 date of rank was below the zone."

	k.  In May 2012, he contacted his branch manager after receiving notification of his second non-select for promotion to CPT and resulting pending separation from the Army, at which time his branch manager informed him he could no longer assist him.

	l.  In December 2012, he found a copy of a memorandum through the Chief of Staff, dated 28 January 2010 which outlined the changes to the promotion timelines which in effect reduced his time in grade requirement for promotion to CPT.  This was the first time he learned about the new requirements as he never received this information from the Military Police (MP) Branch.

	m.  He respectfully requests the Board examine the new information and consider that despite his dedication and commitment to his mission and his Soldiers, he remained cognizant of his educational requirements for promotion and actively pursued accurate information in order to make sound decisions.  It is unfortunate that the quickly changing and conflicting information led to the timing of decisions which caused him to miss his deadline by less than 30 days.  Had he not been given erroneous information he would have been able to correct his course in time to meet the education deadline prior to the 2011 promotion board.

3.  The applicant provides:

* page 5 of his original Board proceedings
* HRC Reserve Record document extract
* DeVry University Transcript of Undergraduate Work (2 pages)
* 6 pages of email communications
* Notification of Non-Selection for Promotion (1st Time) Letter
* Educational Waiver Memorandum
* DeVry University Letter
* two Office of the Assistant Secretary letters, dated 28 January and 18 August 2010
* Under Secretary of Defense letter
* Office of the Chief, Army Reserve, memorandum dated 25 June 2013 with enclosures

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120018453 on 26 September 2013.

2.  The applicant provides 6 pages of email communication between his HRC branch manager and himself which were not previously considered.  They constitute new evidence that warrants consideration by the Board.


3.  The applicant's military records show he initially enlisted in the USAR on 
8 November 1999 for a period of 8 years.  He continuously served in that capacity until he was honorably discharged on 2 April 2008.

4.  On 3 April 2008, the applicant was appointed a Reserve commissioned officer in the USAR in the rank of second lieutenant/O-1.  He also swore his oath of office and entered active duty on 3 April 2008.

5.  His record shows he was promoted to first lieutenant/O-2 on 2 October 2009.

6.  Office of the Assistant Secretary (Manpower and Reserve Affairs) memorandum dated 28 January 2010 shows the Assistant Secretary of the Army directed a temporary adjustment to the zones of consideration to promote deserving USAR 1LT's to CPT to reduce the number of vacant CPT positions.  The temporary adjustments affected the CPT Army Promotion List (APL) DA Promotion Boards for fiscal years (FYs) 2010 through FY 2016.  The adjustments for the FY 2011 and FY 2012 boards were:

Board
Convening date
Primary zone range
FY 2011
1 November 2010
1 September 2007
31 December 2009
FY 2012
1 November 2011
1 January 2010
30 November 2010
7.  The applicant deployed to Afghanistan on 5 February 2010.

8.  On 6 July 2010, the applicant contacted his HRC Career Management official by phone and indicated the following:

* he was currently deployed to Afghanistan on active duty operation support (ADOS) orders through June 2012 and tentatively due to return to the United States in February 2011
* he needed to complete 60 semester hours to obtain his bachelor degree
* he questioned what options he had and did he qualify for the degree completion program
* he submitted an Army Guard Reserve (AGR) packet in an effort to get into the AGR program

9.  On 6 July 2010, the HRC Career Management official recommended the applicant look into online colleges with degree program opportunities and work towards completing his 60 semester hours before the FY 2012 CPT RCSB.

10.  The applicant's record shows his deployment in Afghanistan ended on 6 February 2011.

11.  On 20 May 2011, the Chief, Regional Personnel Officer, Headquarters, 81st Regional Support Command, notified the applicant by memorandum he was considered but not selected for promotion to CPT for the first time by the FY 2011 Reserve Components Mandatory Selection Board (RCSB).  He was informed he did not meet the required civilian and/or military education requirement by the day before the board convened.

12.  On 10 September 2011, the brigade commander submitted an education waiver to HRC with a letter from the Academic Advisor, DeVry University indicating the applicant anticipated graduating on 18 December 2011, assuming he successfully completed his remaining courses for which he was scheduled.  An entry on the applicant's HRC Soldier Management System Integrated Web Service (SMS IWS) record dated 22 November 2011 shows the promotion waiver was denied.

13.  Headquarters, 81st Regional Support Command, memorandum dated 19 March 2012 shows he was considered for promotion to CPT a second time but not selected by the FY 2012 (RCSB).  He was informed Reserve officers twice non-selected for promotion must be separated from service not later than the first day of the seventh month following the President's approval of the board results unless they maintained a service obligation, were eligible for and requested transfer to the Retired Reserve, or had sufficient service for retirement purposes.

14.  On 14 June 2012, the applicant was honorably released from active duty and transferred to a USAR unit in Jacksonville, Florida.  He was honorably discharged from the USAR on 1 October 2012.

15.  The applicant provides 6 pages of email communication between a Human Resource (HR) Specialist, HRC, MP Branch and himself.  In an email dated 22 September 2010, the HRC official informed the applicant his below the zone promotion consideration would not count as a passover.

16.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states effective 1 October 1995 no person may be selected for promotion to the Reserve grade of CPT unless, not later than the day before the selection board convening date, that person has been awarded a baccalaureate degree from an accredited institution recognized by the Secretary of Education.

17.  10 USC 104504(a), provides that a 1LT, USAR, who has failed selection for promotion to the next higher grade for the second time shall be separated not later than the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be reinstated on active duty because he was only discharged from the Army after his branch official(s) provided him erroneous information regarding his non-selection for promotion to CPT and because said officials never notified him of the change in his promotion eligibility date to allow him to obtain his bachelor's degree in time to satisfy the education requirement necessary for promotion.

2.  The evidence of record shows the applicant was considered for promotion to CPT twice by an appropriate promotion board but he was not selected for promotion based on his failure to obtain the required bachelor's degree.  As required by law and regulation, because he did not qualify for transfer to the Retired Reserve he was ultimately honorably discharged from the USAR in October 2012.

3.  The evidence he provides corroborates his claim an HRC official informed him his initial non-selection for promotion to CPT was a below the zone consideration and therefore would not be counted as a passover.  However, it was his failure to complete the education requirement for promotion to CPT prior to the convening dates of the RCSBs that considered him in FY 2011 and FY 2012 that caused his non-selection, not the information provided by the HR official.  In addition, he also admits he could have doubled his classes to satisfy the education requirement sooner rather than later.

4.  Implicit in the Army's promotion system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers.  The applicant knew or should have known that reviewing and updating his official records has been a long-standing regulatory requirement, announced in messages and communicated by assignment officers.  The general requirements and workings of the system are widely known and specific details such as promotion board dates and promotion zones are widely published in official, quasi-official, unofficial publications, and in official communications.

5.  The applicant has not shown by the preponderance of the evidence that his discharged was in error or unjust.  As such, he is not entitled to 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 to amend the decision of the ABCMR set forth in Docket Number AR20120018453 dated 26 September 2013.




      _______ _   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)                                         AR20130022355





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ABCMR Record of Proceedings (cont)                                         AR20130022355



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