IN THE CASE OF:    

		BOARD DATE:  6 January 2015	  

		DOCKET NUMBER:  AR20140014935 


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, his records be changed to show he was not selected for separation by the Fiscal Year 2014 (FY14) Captain (CPT) Officer Separation Board (OSB).

2.  The applicant states he would like the Board to review his file and determine if he could be retained in the service.  He is an intelligence officer with almost 
8 years of active duty service who decided to transfer to the electronic warfare field due to its integration of cyber warfare and his extensive computer skills knowledge.  He has taken over 16 cyber online courses since he transferred to electronic warfare and he successfully completed the Joint Network Attack Course to increase his cyber knowledge to better serve the Army in cyber warfare fields in future assignments.  He believes it was unjust that he was selected for separation.  He asks the Board and the Secretary of Defense for a second opportunity in his career.

3.  He has examined all of the documents on the integrated Personnel Electronic Records Management System (iPERMS) and he has not found any derogatory reports or referred evaluations in his performance files.  It is his interest to continue serving as an active duty Soldier.

4.  The applicant provides three letters of reference.


CONSIDERATION OF EVIDENCE:

1.  He previously served 5 years, 7 months, and 27 days in the U.S. Army Reserve (USAR) in an enlisted status.  He was commissioned a second lieutenant as a Reserve officer on 16 June 2007 and ordered to active duty on 
18 August 2007 for 6 years.

2.  He was promoted to CPT effective 1 August 2010 with a date of rank (DOR) of 1 August 2010.

3.  The applicant states he was notified by his chain of command that he was selected for separation by the FY14 CPT OSB.

4.  Military Personnel Message Number 13-356, issued 6 December 2013, announced the basic eligibility criteria, convening dates, and My Board File (MBF) dates for the FY14 OSB and (Enhanced) Selective Early Retirement Boards (E-SERB), CPT, Army Competitive Category (ACC).

	a.  For year group 2007 with DOR from 1 March 2010 - 8 March 2011 the convening dates were 5 - 18 March 2014.  

	b.  After the Secretary of the Army approves the board reports, officers selected for separation will be personally notified of their selection, followed by official correspondence.  No list was publicly released.

	c.  Secretary of the Army approval of the board report's is the final action.  No "relook" or "standby" boards will be established, nor is there an appeal process.  Officers who believed that their selection for separation resulted from an error in their military records or that their selection constituted an injustice may seek relief from the ABCMR.

	d.  The OSB reviewed an officer's performance in the Army Military Human Resource Record (AMHRR) which included pre-screened limited portions of the restricted file, the Officer Record Brief, the official photograph, and authorized communications from each officer in the OSB considered population.

	e.  Officers in the zones of consideration could, if desired, submit correspondence to the president of the board.  Individual memoranda/letters should include only those matters deemed important in the consideration of an officer's records.  Letters must arrive prior to the convening date of the board in order to be considered.

	f.  Communications or letters/memoranda from other parties on behalf of officers in the considered population were not provided to the board unless forwarded as an enclosure to a letter/memorandum to the board from the officer being considered.

5.  He provided three letters of recommendation for the U.S. Army Cyber Command organization.

	a.  On 9 January 2013, CPT S recommended him for the U.S. Army Cyber Command Scholarship Program.  He stated the applicant possesses a measure of confidence properly balanced by humility that is not common in our ranks.  He is a teammate first.  With this as his personal ethos, he has an uncanny ability to not only work with any person or team, but effectively.  He is the type of leader needed in fields of innovation.

	b.  On 20 January 2011, Major (MAJ) W recommended him for the Army Cyber Network Warfare Battalion.  He stated the applicant possesses the maturity, initiative, and intellectual capacity to excel at the Army Cyber Network Warfare Battalion.  He immersed himself in the task at hand and quickly established credibility in the battalion as the expert in the development and implementation of successful capacity initiatives to assist his battalion commander.

	c.  On 23 January 2012, Lieutenant Colonel (LTC) D recommended him for assignment to the Army Cyber Warfare organization at Fort Meade, MD.  He stated the applicant possesses the superior intelligence, honor, and integrity that are requisite for success in this assignment.  His professionalism and dedication to duty are second to none.  He will excel in any endeavor, especially one that he desires to join so much as the Army Cyber Network organization.

6.  In the processing of this case an advisory opinion, dated 29 September 2014, was received from the U.S. Army Human Resources Command (HRC).  HRC stated:

	a.  The officer corps must decrease to meet the Congressionally mandated reduction in active duty end strength.  To achieve these reductions, some of the Army's experienced and professional officers will be required to separate.  These force shaping boards were convened under the Secretary of the Army's U.S. Code (USC) Title 10 authorities and required Secretary of Defense approval.

	b.  The OSBs consisted of several general officers and senior colonels to assess the record of each officer in the considered population and to determine the officers with the greatest potential for continued service and those for separation.  The information considered by the board included Officer Evaluation Reports (OER), commendation information, and disciplinary information.

	c.  The applicant's selection for separation was based on the board's overall assessment of his performance and potential for future service compared with his peers.  The Secretary of the Army approved the list, and the board result is final.

7.  In response to HRC's opinion, the applicant provided the following comments, dated 20 October 2014:

	a.  He had been extremely cautious not to put his career in danger.  He reviewed in detail all of his OERs with supervisors and peers to determine a reason for his selection by the FY14 CPT OSB, but he was unable to determine a specific reason.  

	b.  He believes he was selected for separation because of the reduction of the Electronic Warfare functional area.  He believes he was selected for separation because of his functional area rather than his performance.

	c.  He never received a referred OER or a derogatory report in any of his records, enlisted or officer, during his 13 years of continuous service.

	d.  He has demonstrated at every level he has strong Army core values, cyber expertise, and cutting-edge technologies skills.  He has been hand-picked by previous supervisors to attend highly specialized schools because of his knowledge and intelligence and cyber skills.

8.  The applicant provided three additional letters of support with his response.

	a.  In a statement, dated 4 September 2014, MAJ K, Civil Affairs, Deputy Brigade Operations Officer, strongly supports the applicant's appeal against his selection for separation by the FY14 CPT OSB.

		(1)  On multiple occasions, he displayed superior leadership, sound judgment and superb staff skills while supporting the Brigade.  He quickly demonstrated sound planning and organizational skills, which translated into a rapid battle handover and continued plans support to five battalions supporting the five geographic combatant commands.

		(2)  He took a highly proactive approach towards developing his professional skills, enrolling himself during his personal time into various demanding classes pertaining to networking, unit portal administration, and various communications systems.
		(3)  MAJ K sincerely felt that with his selection for separation from the Army, the Army is losing a competent and dedicated officer.

	b.  In a statement, dated 11 September 2014, LTC S, Civil Affairs Brigade Executive Officer, recommends, without reservation, that the applicant be allowed to continue his service with the U.S. Army on active duty.  He exemplifies the Warrior Ethos with exceptional intelligence, strict adherence to the Army values and his ability to adapt and overcome all challenges using innovative solutions.  He has demonstrated superior potential for service in positions of increased responsibility and authority.

	c.  In a statement, dated 11 September 2014, Colonel B, Assistant Chief of Staff, G9, strongly supported the applicant's appeal against his unforeseen selection for separation by the FY14 CPT OSB.  He strongly believes the applicant possesses the initiative, intellectual capacity, and Warrior Ethos to lead the Army into the next phase of critical uncertainly if he is allowed to remain as an active duty commissioned officer.  He served as both the Brigade Electronic Warfare Officer and the Future Operations Officer.  He proved to be an extremely competent and talented officer who dedicated himself to mission first and people always.  He has shown an intense work ethic and impressive ability to harness available resources to accomplish every mission.

DISCUSSION AND CONCLUSIONS:

1.  The Secretary of Defense approved the force shaping boards to achieve the Congressionally mandated reduction in active duty end strength.  However, the FY14 CPT OSB results were approved by the Secretary of the Army.  Therefore, there is no criteria for the applicant's selection by the FY14 CPT OSB to be reviewed by the Secretary of Defense.

2.  The references and recommendations submitted by the applicant were noted. However, they do not show an injustice in his selection for separation.

3.  Military Personnel Message Number 13-356 announced the eligibility criteria for the FY14 CPT OSB.  This included the applicant's year group 2007 and his DOR.  The convening dates of the board were provided and additional information included the means by which he could have provided additional information to the president of the board.  There is no evidence he was treated differently than anyone else in his year group.

4.  As indicated by HRC, in order to achieve the Congressionally mandated reduction in active duty end strength some of the Army's experienced and professional officers will be required to separate.  The applicant was properly considered by the FY14 CPT OSB and he has not shown he was denied information or that he was misled concerning the OSB.  The exact reasons an individual was selected/non-selected by the FY 14 CPT OSB are not divulged.

5.  The applicant has failed to submit sufficient substantive evidence to demonstrate the existence of an injustice.  Therefore, there is no basis upon which to grant relief in his case.

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)                                         AR20140014935



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ABCMR Record of Proceedings (cont)                                         AR20140014935



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