BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20140001921
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 previous request for correction of his date of rank for promotion to the rank/grade of captain (CPT)/O-3 from 2013 to 2010 when he was first selected by a promotion selection board.
2. The applicant states he is providing new evidence that supports his request for reconsideration and shows he was not flagged on 16 December 2011 when he reached the maximum time in grade (TIG) requirement for promotion to CPT. He was supposed to be reassigned to the Individual Ready Reserve (IRR), but he was reclassified into the Infantry the same month.
3. The applicant provides a DA Form 268 (Report to Suspend Favorable Actions (Flag)), a memorandum, a letter, and an email.
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 AR20130013702 on 12 December 2013.
2. As new evidence, the applicant provided:
a. A DA Form 268, dated 10 September 2011, signed by the Commander, 448th Engineer Battalion, PR, shows a flag was removed effective 16 May 2011 as his case was closed favorably. There is no indication on the DA Form 268 as to the reason he was initially flagged.
b. An email addressed to him from Mr. T____ S____, U.S. Army Human Resources Command (AHRC), undated, states the applicant was due to be promoted to CPT effective 16 December 2011 (maximum TIG) and if he were not assigned to a medical position, he would most likely be assigned to the IRR in order to maintain his promotion.
3. The applicant was commissioned as a U.S. Army Reserve (USAR) second lieutenant in the Medical Services Corps (MSC) and he executed an oath of office on 18 December 2004. He was promoted to the rank of first lieutenant (1LT), MSC, on 17 December 2006. He was assigned to the 369th Combat Support Hospital, Puerto Rico, in area of concentration (AOC) 70B (Health Care Administrator).
4. He was selected for promotion to the rank of CPT, MSC, by the Fiscal Year 2010 (FY10) Reserve Component Army Medical Department (AMEDD) CPT Promotion Selection Board which was released on 4 May 2010. However, he was not eligible to accept the promotion at that time due to his records being flagged.
5. On 25 March 2011, he was voluntarily transferred to the 448th Engineer Battalion, Puerto Rico, in AOC 65D (Physician Assistant).
6. On 19 April 2011, he contacted AHRC by email to inquire about his promotion to CPT. He stated no one in his unit could tell him why he was not being promoted. He also stated he had been assigned to the 369th Combat Support Hospital in AOC 70B, but he had transferred to the 448th Engineer Battalion in AOC 65D.
7. In an email response, dated 19 April 2011, the AHRC official stated that once the board results were approved and confirmed, troop program unit Soldiers occupying a position of the appropriate grade and AOC for which they were qualified and who do not have any issues must complete an AHRC Form 56-R (Promotion Qualification Statement).
8. On 5 May 2011, the applicant again contacted AHRC by email to inquire about his promotion to CPT.
9. In an email response, dated 5 May 2011, the AHRC official stated he must be in an O-3 70 Series (Health Care Administration) position or an O-3 05A (AMEDD immaterial) position to be promoted.
10. On 26 September 2011, an AHRC official annotated the applicant's records to show his flag had been removed effective 16 May 2011; however, he was still not assigned to a medical position.
11. On 5 December 2011, he voluntarily branch transferred and accepted an appointment as a USAR Infantry (IN) 1LT. As he was no longer in the MSC, his selection by the FY10 AMEDD CPT Promotion Selection Board was voided.
12. After his reappointment, he was considered by the first promotion selection board he was eligible for and was promoted to the rank of CPT, IN, on 1 July 2013, the date the board results were approved.
13. Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States and the USAR and warrant officers of the USAR.
a. Table 2-1 states the TIG requirements for promotion from 1LT to CPT is a minimum of 2 years in the lower grade and a maximum of 5 years in the lower grade.
b. Paragraph 4-11c states an officer's promotion is automatically delayed when the officer is under, or should be under, suspension of favorable personnel actions.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have been promoted to the rank of CPT based on his original selection by the FY10 AMEDD CPT Promotion Selection Board because he was no longer flagged in December 2011 has been carefully considered and appears to lack merit.
2. The evidence of record confirms that he was initially not eligible to accept the promotion as an MSC CPT because he was flagged. Although he provided evidence that shows his flag was removed effective 16 May 2011, he has not provided sufficient evidence that shows he was fully eligible for promotion after 16 May 2011 and prior to 5 December 2011 when he was appointed as an IN 1LT. It appears he was also not properly assigned to a medical position and therefore he was still ineligible for promotion to CPT in the MSC.
3. He also provided an email from AHRC notifying him he would be promoted to CPT in the MSC on 16 December 2011 due to reaching his maximum TIG. However, his appointment as an IN 1LT voided his selection by the FY10 AMEDD CPT Promotion Selection Board and he was no longer eligible for promotion to CPT, MSC, or for transfer to the IRR as of 5 December 2011.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130013702, dated 12 December 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) AR20140001921
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