IN THE CASE OF:	  

		BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20140015393 


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 his records go before a Special Selection Board (SSB) for promotion consideration to captain (CPT).

2.  The applicant states:

   a.  He was non-selected for promotion by the Army Medical Department (AMEDD) CPT Promotion Selection Board that convened in April 2014.  He believes he was not selected due to an omission of a DA Form 67-9 (Officer Evaluation Report (OER)), dated 27 March 2014.  Due to no neglect on his part, this OER did not make it into his board file due to missing the cutoff date indicated in the Military Personnel (MILPER) message.  The OER missed the cutoff date due to his rater's permanent change of station (PCS) and due to the deactivation of the 4th Brigade Combat Team (BCT), 101st Airborne Division, Fort Campbell, KY.

	b.  He requested his records go before an SSB with the referenced OER included, but his request was denied by the U.S. Army Human Resources Command (HRC).  He believes had this OER been seen, it would have given the promotion board a complete picture of his service and potential, and he would have been selected for promotion.

3.  The applicant provides a DA Form 67-9 and two memoranda.



CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a second lieutenant Regular Army commissioned officer in the Medical Services (MS) Corps on 14 May 2011, with a concurrent call to active duty. 

2.  He attended and successfully completed the AMEDD Basic Officer Leadership Course from 14 July through 20 September 2011 at Fort Sam Houston, TX.  

3.  He was promoted to the rank of first lieutenant (1LT) on 21 November 2012.  He was subsequently assigned to the 801st Brigade Support Battalion, 4th BCT, 101st Airborne Division, Fort Campbell.

4.  The applicant provides and his record contains a change of rater OER covering the 8-month rating period from 2 August 2013 through 27 March 2014.  His rater was a CPT and his senior rater was a lieutenant colonel.  This OER shows:

   a.  His rater checked the "outstanding, must promote" block and stated, in part, "An extraordinary combat performance in support of Operation Enduring Freedom.  In the absence of a Battalion Logistics Officer and Medical Logistics Specialist, his Brigade Medical Supply Office flawlessly provided medical logistical support to 30 organic and non-organic customers at nine locations."

	b.  His senior rater checked the "best qualified" and "above center of mass" blocks and stated, in part, "Superior performance.  [The applicant] continues to show phenomenal growth.  I currently rank him in the top 30% of the LTs that I senior rate."

5.  On 18 March 2014, this OER was signed by all the rating officials and was subsequently forwarded to the HRC OER Branch for processing.  It was filed in the performance folder of his Official Military Personnel File (OMPF) on 27 March 2014.

6.  It appears the applicant was considered for promotion to CPT by the Fiscal Year 2014 (FY14) MS CPT Promotion Selection Board that convened on 1 April 2014 and he was not selected for promotion. 

7.  On 13 August 2014, he submitted a request to HRC for reconsideration for promotion by an SSB to CPT under the FY14 criteria.


8.  The applicant provides a memorandum, dated 15 August 2014, wherein the Chief, Officer Promotions, HRC, stated, in part:

   a.  An Evaluation Selection and Promotion Division (ESPD) Review Panel reviewed his request for an SSB and determined it did not warrant approval based on guidelines set in accordance with Title 10, U.S. Code (USC), Army Regulation 600-8-29 (Officer Promotions), chapter 7, and MILPER Message
14-009. 

	b.  As stated in MILPER Message 14-009, "OERs must be received error free, in the Evaluation Reports Branch, HRC, no later than close of business on 21 March 2014, 1700 eastern daylight time (EDT)."  This guidance is strictly enforced by the ESPD Review Panel when making their decision.  

	c.  If he continued to believe the decision to deny was unjust, he may elect to contact the Army Board for Correction of Military Records.

9.  The applicant also provides a memorandum, dated 18 August 2014, wherein CPT JAS stated he served as the applicant's rater from 2 August 2013 to 27 March 2014.  The through date of his OER of 27 March 2014 was selected because that was the date of his (CPT JAS's) departure from the unit.  Of note, the 4th BCT, 101st Airborne Division, was also inactivated on 25 April 2014.

10.  MILPER Message 14-109, dated 14 January 2014, stated, in part, selection boards would convene on 1 April 2014 to consider eligible 1LTs on the active duty list for promotion to CPT and would recess on or about 11 April 2014.  MS 1LTs with a DOR of 1 April 2012 through 31 March 2013 would be considered in the promotion zone.  In order for an OER to be reviewed by the board, all OERs must be received in the Evaluation Reports Branch, HRC no later than 21 March 2014, 1700 EDT.   

11.  Army Regulation 600-8-29 prescribes the policies and procedures for promotion of active duty officers.  

   a.  Paragraph 7-2 of the regulation states SSBs may be convened under Title 10, USC, section 628, to consider or reconsider commissioned officers for promotion when Headquarters, Department of the Army discovers an officer was not considered from in or above the promotion zone by a regularly scheduled board because of administrative error.
   
   
   
   b.  Paragraph 7-3 states an officer will not be considered or reconsidered for promotion by an SSB when an administrative error was immaterial or the board did not consider correspondence to the board president that was delivered after the cutoff date for such correspondence established in the promotion board zone of consideration message.
   
   c.  Paragraph 7-11 states officers who discover that a material error existed in their file at the time they were non-selected for promotion may request reconsideration through HRC.  Reconsideration will normally not be granted when the error is minor or when the officer, by exercising reasonable care, could have detected and corrected the error.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should go before an SSB for promotion consideration to CPT because an OER he received for the rating period 2 August 2013 through 27 March 2014 was not available for the board to review and he believes he would have been selected for promotion had the OER been in his board file.

2.  Promotion reconsideration by an SSB may only be based on erroneous non-consideration or material error, which existed in the record at the time of consideration.  MILPER Message 14-109, dated 14 January 2014, clearly stated OERs had to be received by HRC not later than 21 March 2014 to be available for the board to review.  

3.  The evidence of record confirms the OER, signed on 18 March 2014, was received by HRC and added to his OMPF on 27 March 2014.  As the rated period didn't end until 27 March 2014, it appears the OER was processed by his unit and HRC promptly and was added to his record in a timely manner.

4.  The applicant has not provided any evidence that shows a material error existed in his records that would meet the criteria for consideration by an SSB.  In addition, his contention that he would have been selected for promotion if the OER had been available for review is speculative.  As promotion selection boards are not authorized by law to divulge the reasons for selection or non-selection of any officer, specific reasons for the promotion board's recommendations are not known.  

5.  In view of the foregoing, he is not entitled to 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)                                         AR20140015393



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ABCMR Record of Proceedings (cont)                                         AR20140015393



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