IN THE CASE OF:  

		BOARD DATE: 15 January 2015

		DOCKET NUMBER:  AR20140015461 


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 consideration for promotion to chief warrant officer three (CW3)/pay grade W-3 by a special selection board (SSB).

2.  The applicant states an annual officer evaluation report (OER) was not submitted in time for the promotion board to review.  The applicant's chain of command failed to turn-in the report in time which resulted in a missing Above Center of Mass OER and the applicant's non-selection for promotion to CW3.  His chain of command has taken full blame for the failure.

3.  The applicant provides:

	a.  U.S. Army Human Resources Command (HRC) memorandum:  Subject:  SSB  Request, Panel Results, FY14, CW3, Promotion Selection Board along with his request to HRC and memoranda of support.

	b.  Email notes from 31 January 2014 to 11 July 2014.

CONSIDERATION OF EVIDENCE:

1.  Following prior enlisted service, the applicant was appointed as a reserve warrant officer one (WO1) on 24 January 2007.  He completed training as a rotary wing aviator and was ordered to active duty.  He was promoted to chief warrant officer two (CW2) effective 24 January 2009.

2.  The applicant requested reconsideration for promotion to CW3 because an annual OER was missing from his record and not seen by the promotion board.

	a.  He indicated he was assured by his chain of command that his OER would be completed and submitted in time to be seen by the FY14 CW3 Promotion Board.  He followed-up the processing of the OER and did everything he could to get the OER included in his promotion file.  His then-battalion commander provided a memorandum in which he stated, in part, "CW2 M----- is the best Troop Instructor Pilot in our Squadron and due to leadership failures at multiple levels and a poor admin tracking system, his last OER did not make the board file for the last promotion board."  He further states that, "The fact that his last OER did not make the board file is inexcusable.  I am personally responsible."

	b.  He provided:

		(1)  memoranda from the Deputy Commander, Platoon Leader, Squadron Standardization Officer, current Troop Commander, and the then Troop Commander, each attesting  the applicant did everything he could and he was not at fault when the OER was submitted late and not seen by the promotion board.

		(2)  Email notes showing the actions he took to prepare his record for the promotion board.

3.  An 15 August 2014 HRC memorandum denying his request for an SSB to CW3 under the FY14 criteria.  The memorandum stated, "An Evaluation Selection and Promotion Division (ESPD) Review Panel carefully considered your request for an SSB and determined that it does not warrant approval based on the guidelines set IAW (in accordance with) Title 10 of the U.S. Code, AR 600-8-29 (Chapter 7), DODI 1320.11, and MILPER MESSAGE 14-012."  They were confident the applicant received fair and equitable consideration by the panel.

4.  The applicant's record contains a DA Form 67-9 (OER) for the period 7 June 2012 through 25 March 2014.  The OER shows in item h (Reason for Submission) "10 Ext Annual."  The rating officials' and the applicant's signatures are dated 17 April 2014.  The report shows:

	a.  "Outstanding Performance Must Promote" rating by the rater;

	b.  "Best Qualified" and "ABOVE CENTER OF MASS" ratings by the senior rater.

5.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records), paragraph 4-9, provides rules for administering officer pre-board processing.  This paragraph provides that officers in the zone of consideration will review and update their Officer Record Brief (ORB); all current, available admissible personal information will be submitted to the Official Military Personnel File (OMPF); and these officers are responsible for 
maintaining and submitting current information to the promotion selection board.

6.  MILPER Message Number 14-012, issued 17 January 2014, announced the FY14, CW3, CW4, and CW5 Promotion Selection Board would convene on or about 22 April 2014 to consider eligible chief warrant officers for promotion.  The message states that CW2's with a date of rank (DOR) of 31 December 2008 through 30 September 2009 were in the zone of consideration.  The message further states in paragraph 3 (Officer Evaluation Reports):

	a.  In order for an OER to be reviewed by the board all OERs must be received, error free in the Evaluation Report Branch, HRC NLT and by close of business 11 April 2014.  Commanders at all levels must make special effort to ensure any applicable evaluation report for eligible warrant officers are expeditiously processed.

	b.  All OERs must be submitted to HRC via Army Knowledge On-Line (AKO My Forms).

7.  Army Regulation 623-3, chapter 3, governs evaluation principles.  Paragraph 3-37 (Preparation and Submission Procedures) provides that evaluation reports will be forwarded to reach HQDA no later than 90 days after the ending date of the report.  The centralized selection, promotion, and school boards schedules will be closely monitored to ensure that eligible reports, both mandatory and optional, are forwarded to HQDA in sufficient time to be included in a Soldier's board file.

		(1)  Senior raters are responsible for ensuring reports are submitted in a timely manner and processed at HQDA to final completion in the Soldier's OMPF in the desired sequence.  A report failing to process in the sequence desired by the senior rater is not a basis for appealing the report.

		(2)  Reports received at HQDA after the required amount of time or past a suspense date set for a selection board is not an automatic basis for appealing either the report or selection board results.  HQDA will process any valid report so as not to do disservice to the rated Soldier with an excessive amount of nonrated time.
8.  Army Regulation 600-8-29, chapter 7 (SSB's), paragraph 7-2 (Purpose of Boards).  "The SSBs may be convened under 10 USC 628 to consider or reconsider commissioned or warrant officers for promotion when HQDA discovers one or more of the following:  (3) The board that considered an officer from in or above the promotion zone did not have before it some material
information (SSB discretionary)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be reconsidered for promotion to CW3 by an SSB because an annual OER was not submitted in time to be considered by the board.  He did everything he could, but his chain of command let him down.

2.  The pertinent rating period ended 25 March 2014 and the OER was not due until 90 days later.  The cut-off date for the receipt of it at the promotion board was 22 April 2014.  The applicant's OER was not overdue.

3.  His request to HRC for an SSB to CW3 was denied.  In the denial memorandum he was informed that the ESPD Review Panel carefully considered his request and determined that it does not warrant approval.  It appears that was a proper assessment.

4.  In view of the above his request should be denied.

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)                                         AR20110009870



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ABCMR Record of Proceedings (cont)                                         AR20140015461



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