IN THE CASE OF:	  

		BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20140003192 


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, in effect, promotion reconsideration to captain (CPT) and reinstatement in the Puerto Rico Army National Guard (PRARNG) if selected for promotion.

2.  The applicant states:

   a.  He was discharged due to "not educationally qualified" reasons.  He completed his Bachelor of Science in Nursing (BSN) in December 2004.  For that reason, he was awarded a commission as a second lieutenant (2LT) via the Reserve Officers' Training Corps (ROTC).  Because he finished his education in December 2004 and graduation being in May 2005, when the transcripts from the university were requested on 21 January 2005 they were not officially validated until 25 May 2005.  The transcript didn't state the degree awarded, but it contained all the credits necessary for the BSN degree.  The only way to commission via the ROTC is to have at least a bachelor's degree. 

   b.  He was separated from the PAARNG effective 30 October 2013.  The reason for this order was a second non-selection due to not being educationally qualified.  As shown in the transcripts, he has a BSN dating from 5 June 2005.  That is the date the degree was awarded, but he finished all the requirements for the degree on 24 December 2004.  It is not until the graduation date that the degree is awarded.


   c.  As it can be observed on the copy of the transcript certified as correct on 21 January 2005, all the credits match the ones on the transcript dated as certified on 22 May 2013.  The only difference is that the one dated 22 May 2013 includes in the remarks portion that he had completed academic requirements toward the BSN.  The transcript dated 21 January 2005 has been in the system and his military records since that day and was only officially validated by the PRARNG on 25 May 2005.  This transcript as he mentioned before has exactly the same credits and courses as the one dated 22 May 2013.  This is why he understands that the reason for his discharge was unfair and unanalyzed. 

   d.  In November 2013, he found out that he was no longer a member of the PRARNG or his unit.  He has received no calls or communications from anyone regarding his discharge.  He has been seeking guidance for this issue and was told to file a DD Form 149 (Application for Correction of Military Record).  All he is interested in is returning to his unit, his Soldiers, and being promoted to CPT, that due to this error has been delayed for a few years now.  

3.  The applicant provides copies of the following:

* BSN diploma
* Infantry Officer Basic Course diploma
* DA Form 1059 (Service School Academic Evaluation Report)
* Orders Number 71-111
* Promotion memorandum
* six DA Forms 67-9 (Officer Evaluation Report (OER))
* Department of the Army (DA) Boards Selection results
* transcript request
* two University of Puerto Rico transcripts
* Orders Number 270-637
* Special Order Number 247 AR
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed in the PRARNG, as a 2LT, on 21 January 2005. He was promoted to first lieutenant (1LT) on 21 January 2007.

2.  He provided copies of the following:
* 
BSN diploma
* DA Board selection results which show he was considered and not selected by the 2013 CPT Army Promotion List Board due to not being educationally qualified
* University of Puerto Rico transcript, officially validated on 21 January and 25 May 2005, which shows he completed the coursework and did not indicate a degree was issued
* University of Puerto Rico transcript, dated 22 May 2013, which shows he completed the academic requirements toward the BSN in December 2004
* Orders Number 270-637, issued by the PRARNG, on 27 September 2013, discharging him with an effective date of 30 October 2013
* Special Orders Number 247 AR, issued by the NGB, on 3 October 2013, withdrawing his Federal Recognition and transferring him to the U.S. Army Reserve with an effective date of 30 October 2013
* NGB Form 22 which shows he was discharged from the PRARNG, as a 1LT, on 30 October 2013, by reason of failure to be selected for promotion to CPT after second consideration

3.  In an advisory opinion the Chief, Personnel Policy Division, NGB, recommended approval of the applicant's request.  The NGB official stated:

   a.  The applicant was commissioned on 21 January 2005.  He completed the requirements for his baccalaureate degree in December 2004, but his degree was not officially awarded until 5 June 2005 (the university's graduation date).  He submitted his college transcript to the PRARNG on 25 May 2005, showing he completed the coursework.  However, the copy he submitted did not indicate he was awarded a degree because the transcript was obtained prior to the 5 June 2005 graduation date.  This transcript was uploaded to his record and therefore it appeared in his board file.

   b.  He was two-time non-selected for promotion to CPT (in 2012 and 2013) for failing to meet the civilian education requirement and subsequently separated from the PRARNG effective 30 October 2013.

   c.  The applicant stated he did not receive the first or second letter of non-selection (the documents are not in his Official Military Personnel File) and therefore did not know he needed to submit his transcript until the PRARNG informed him in May 2013, after the second board convened.  At that time, he obtained the transcripts and submitted them to the PRARNG.

   d.  Military Personnel (MILPER) Message 12-222, which announced the requirements for the fiscal year 2013 promotion board, paragraph 4, states, "Evidence that you completed the required military and civilian education must be in your "My Board File."  Since his transcript (showing he completed the coursework) was submitted and uploaded in 2005, it is reasonable for the applicant to believe his transcript provided the evidence to satisfy the civilian education requirement.
   
   e.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 4-21e(2), states "If an officer is selected by a promotion advisory board/special selection board (SSB), the officer's date of rank and effective date for pay and allowances would be the same as if the officer had been recommended for promotion to the grade by the mandatory board that should have considered, or that did consider, the officer."

   f.  The PRARNG concurred with that recommendation.

4.  The advisory opinion was forwarded to the applicant for acknowledgement/
rebuttal on 6 May 2014.  On 15 May 2014, he stated he had no comments.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded a BSN on 5 June 2005; however, the transcript which appeared in his board file did not indicate he was awarded a degree.  He was considered and not selected for promotion to CPT by the 2012 and 2013 selection boards due to not being educationally qualified.  As a result, he was subsequently separated from the PRARNG effective 30 October 2013.

2.  Current practice specifies special board actions wouldn’t be granted by the U.S. Army Human Resources Command for “former officers” without directive from the ABCMR.  The NGB and PRARNG concurred in the recommendation for approval of the applicant's request.

3.  In view of the foregoing, his 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 be corrected by:

	a.  ensuring his military record is complete and accurate, including his BSN diploma;

	b.  that following administrative implementation of the foregoing, his records be submitted to a SSB for promotion reconsideration to CPT under the 2012 and if necessary the 2013 year criteria;

	c.  that if he is selected for promotion his records be corrected by showing he met all the eligibility criteria for promotion (e.g., being assigned to a CPT’s position) effective the date of the release of the applicable promotion selection board, promoting him to CPT with the appropriate date of rank, and paying to him any associated back pay and allowances;

	d.  that if selected and he meets all prerequisites for promotion, his records be further corrected to show:

		(1)  his discharge is void and of no force or effect,

		(2)  he was credited with qualifying service for Reserve retirement for his respective retirement years from the dates of his now-voided discharge to the date of his return to the active Reserve,

		(3)  that an adequate explanation be placed in his military records to show the gap in his officer evaluation reports from the dates of his now-voided discharge to the date of return to an active Reserve status was not caused by any fault on his part and to ensure that he is not prejudiced thereby in the consideration of any future personnel actions, and

		(4)  that all documents related to his now-voided non-selection for promotion and his discharge be expunged from his military records.


2.  If he is not selected by either of the duly-constituted SSB's, he 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)                                         AR20140003192





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ABCMR Record of Proceedings (cont)                                         AR20140003192



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