IN THE CASE OF:	 

		BOARD DATE:  1 April 2014

		DOCKET NUMBER:  AR20140004428 


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 removal of a promotion non-selection letter from his Army Military Human Resource Record (AMHRR).

2.  The applicant states:

* in 2003, he received a promotion non-selection letter because the board did not acknowledge he had a Bachelor of Science degree
* this was incorrect because he had completed his Bachelor of Science degree at Tuskegee University prior to his commissioning in 1995
* he sent another copy of his degree to the board and he was promoted with his peers
* the promotion non-selection letter is still in his record and should be removed
* it was determined that he met the criteria for promotion, as he had a bachelor's degree, and he was subsequently promoted
* the promotion non-selection letter must be removed in accordance with the findings of the board in which he was promoted, as it could adversely affect on his career with the upcoming Officer Separation Board

3.  The applicant provides a copy of the promotion non-selection letter, dated    12 September 2003, and a copy of his promotion memorandum to captain (CPT), dated 5 April 2004.



CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 13 May 1995, the applicant was appointed as a Reserve commissioned officer of the Army, as a second lieutenant in the Signal Corps.  

3.  On 2 June 1997, he was promoted to first lieutenant.

4.  His AMHRR contains a promotion non-selection letter (memorandum format for first nonselection, reasons other than not educationally qualified) dated        12 September 2003, which was filed in his AMHRR on 9 October 2003.  This letter states:

* he was considered by a Department of the Army Special Selection Board (SSB), under the 2001 selection criteria; however, he was not selected for promotion
* his non-selection by the SSB did not constitute a second non-selection for promotion, but was confirmation of the action of the regularly convened board
* the specific reasons for his non-selection are not known, as selection boards do not record their reasons for selection or non-selection

5.  His AMHRR contains his baccalaureate diploma, dated 14 May 1995, which was filed in his AMHRR on 17 February 2004. 

6.  On 29 March 2004, he was promoted to CPT and on 3 June 2010, he was promoted to major.

7.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) contains the formats for notifying officers of their selection/nonselection for promotion.  Format 4-20 (the format of the memorandum the applicant received) is for notification of first nonselection for promotion – reasons other than educationally qualified.  Format 4-21 is the format for notification of first nonselection for promotion – not educationally qualified.  This format contains the sentence, “…The records reviewed by the…Selection Board did not indicate that you had complete the required civilian and/or military education by the day before….” 

8.  Army Regulation 600-8-104 (AMHRR Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR, formerly known as the official military personnel file (OMPF).  Chapter  3 provides guidance on the AMHRR management program.

   a. The “Performance” folder maintains performance related information to include evaluations, commendatory documents, and specific disciplinary information and training/education documents.  The primary purpose of this folder is to provide necessary information to officials and selection boards tasked with assessing Soldiers for promotion, special programs, or tours of duty. 

   b. The “Service” folder maintains general, administrative, and Service documents.  According to Table B-1 (Authorized Documents), Letters of Notification to Officers Considered for Promotion but Not Selected are filed in the "Service" folder.

   c. Once filed in the AMHRR, the document becomes a permanent part of the Soldier's record and will not be removed from, or moved to another part of the AMHRR, unless directed by certain agencies, to include this Board. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he received a promotion non-selection letter because the board did not acknowledge he had a Bachelor of Science degree.  The evidence of record does not support this contention.

2.  The evidence of record shows:

* he was considered for promotion to CPT by an SSB under the 2001 selection criteria; however, he was not selected
* his AMHRR contains a promotion non-selection letter, dated                    12 September 2003, which was filed on 9 October 2003
* his Bachelor of Science diploma was not filed in his AMHRR until            17 February 2004; therefore, it was not present in his AMHRR on the date the SSB convened


3.  While it appears his Bachelor of Science diploma was not present in his AMHRR on the date the SSB convened, it appears the promotion board was otherwise aware that he had completed his degree.  Otherwise, he would have received his notification of nonselection in format 4-21 which would have informed him that the records reviewed by the promotion board did not indicate that he had completed the required civilian education.

4.  Since as selection boards do not record their reasons for selection or non-selection, the specific reasons for his non-selection are not known.  

5.  There is no error or injustice, as the non-selection letter accurately represents the historical account of his consideration by the SSB in 2003.  

6.  In view of the foregoing, there is an insufficient basis to grant the 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 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)                                         AR20080014513



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ABCMR Record of Proceedings (cont)                                         AR20140004428



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