IN THE CASE OF:	  

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20140020982 


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, consideration of his records for promotion to the rank of captain (CPT) by a special selection board (SSB) under the criteria established by the Fiscal Year 2011 (FY11) Reserve Component (RC) CPT Promotion Selection Board.  He further requests his notification of non-selection for promotion memorandum be removed from his official military personnel file (OMPF).  

2.  The applicant states

* during the 2010-2011 period, he was in a CPT position; therefore, he was eligible for promotion upon release of the list
* he was passed over in 2010 during his primary zone look to CPT 
* he graduated college in 2002 but the board stated he had not completed the educational requirements
* he tried twice in 2010 to place his transcripts/diploma in his Official Military Personnel File (OMPF), which was prior to the date specified in Military Personnel (MILPER) Message Number 10-179
* his SSB request was denied based on a stated non-diligence to update his OMPF
* in 2006, his direct commission packet contained proof of his diploma and transcripts as it was required; his packet was supposedly filed then

3.  The applicant provides:

* three DA Forms 2823 (Sworn Statement)
* email, dated 31 May 2011
* MILPER Message 10-179, issued on 30 June 2010
* his college transcript and diploma
* his notification of non-selection for promotion memorandum, dated 20 May 2011
* DA Form 1059 (Service School Academic Evaluation Report)
* promotion orders to the rank of first lieutenant (1LT)
* three DD Forms 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  Following prior enlisted service in the Regular Army, Army National Guard (ARNG), and U.S. Army Reserve (USAR), the applicant was appointed as a Reserve commissioned officer on 14 July 2006, in the rank of second lieutenant.  He was promoted to first lieutenant on 13 July 2008.

2.  MILPER Message Number 10-179, issued on 30 June 2010, announced the zones of consideration for the FY11 RC CPT Promotion Selection Board, which was scheduled to convene on 2 November 2010.  This document provided specific guidance on the procedures for reviewing, auditing, and updating personnel records and stated:

	a.  Army policy requires Soldiers to review their "My Board File" (MBF) 
on-line.  You are to provide any missing documents that you have in your possession or make a reasonable attempt to retrieve those missing documents.  Failure to comply with this message may demonstrate a "lack of due diligence" on your part and must be fully explained if you decide to request an SSB at a later date.  All documents that are in the performance portion of your OMPF which belong in your MBF will be pulled into your MBF. 

	c.  Army Regulation 135-155 (ARNG and USAR Promotion of Commissioned Officers and Warrant Officers other than General Officers) lists the military education requirements for promotion selection.  Military and civilian education requirements must be completed no later than the day before the board convene. Evidence that you completed the required military and civilian education must be in your MBF.  For this board, the military educational requirement is 100 percent completion of Officer Basic Course or Basic Officer Leader Course (BOLC).  The requirement for civilian education is a baccalaureate degree.

	c.  Approximately 60 days before the convene date of the board, all Soldiers in the considered population will be able to review their MBF on-line.

	d.  All officers in the zones of consideration, if desired, may submit correspondence to the President of the board.  Individual memoranda should include only those matters deemed important in the consideration of an officer's records.

	d.  Failure to comply with these instructions will be viewed as a "lack of due diligence" on your part.

3.  In a memorandum dated 20 May 2011, he was informed of his consideration and non-selection by a Department of the Army RC Mandatory Selection Board of his grade for promotion.  The memorandum states the records reviewed by the selection board did not indicate he had completed the required civilian and/or military education by the date the board convened.  He was advised that if he completed the education requirements not later than the day before the selection board convened, he could request reconsideration by applying through command channels.

4.  He provided his official transcript from The University of Tennessee, which shows he was awarded a Bachelor of Science degree in Business Administration on 11 August 2002.  His college transcript is included in his OMPF; however, a review of his OMPF in the Interactive Personnel Electronic Records Management System (iPERMS) indicates this document was added to his OMPF on 1 June 2011.

5.  A review of his record in iPERMS indicates on 8 June 2011 he petitioned the U.S. Army Human Resources Command (HRC) for a review of his records by an SSB.

6.  By memorandum dated 5 March 2012, he was informed he had been selected for promotion to CPT.  Orders dated 6 March 2012 promoted him to CPT effective 15 February 2012.

7.  The applicant provided:

	a.  Three DA Forms 2823, provided by individuals from his unit's personnel channels, that attest to his contention that he attempted to file his college transcripts in his OMPF prior to the date of the board;
	
   b.  An email dated 31 May 2011, from Sergeant Major B, USAR Army Personnel Records Division stating:  "[applicant's name], I looked into your records and saw that you only had one transcript in your OMPF.  It was an 'ugly' and illegible copy.  The Department of the Army Secretariat cannot confirm or deny that you are educationally qualified due to the quality of your OMPF document; so you are automatically disqualified."

	c.  A DA Form 1059 that shows he completed the Engineer BOLC on 9 June 2008.

	d.  DD Form 214 documenting his active duty service as a commissioned officer in the USAR.

8.  Army Regulation 600-8-29 (Officer Promotions), chapter 7 (SSBs) provides:

	a.  SSBs may be convened under Title 10, U.S. Code, section 628 to consider or reconsider commissioned or warrant officers for promotion when Headquarters, Department of the Army discovers one or more of the following:

		(1)  An officer was not considered from in or above the promotion zone by a regularly scheduled board because of an administrative error.

		(2)  The board that considered an officer from in or above the promotion zone acted contrary to law or made a material error (SSB discretionary).

		(3)  The board that considered an officer from in or above the promotion zone did not have before it some material information (SSB discretionary).

	b.  An officer will not be considered or reconsidered for promotion by an SSB when an administrative error was immaterial, or the officer, in exercising reasonable diligence, could have discovered and corrected the error on the Officer Record Brief (ORB) or in the OMPF.  The ORB is a summary document of information generally available elsewhere in the officer’s record.  It is the officer’s responsibility to review his or her ORB and OMPF before the board convenes and/or to notify the board, in writing, of possible administrative deficiencies in them.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be submitted to an SSB for reconsideration for promotion to CPT under the FY11 promotion board criteria.

2.  The evidence shows he was not selected for promotion by the FY11 RC CPT Promotion Selection Board.  The reason given for his non-selection was that he was not educationally qualified.

3.  The evidence also shows he was awarded a Bachelor of Science degree in Business Administration on 11 August 2002; however, it appears his college transcript was not included in his OMPF or if it was filed, the document was of such poor quality that the board members could not confirm he had met the civilian educational requirements.  iPERMS shows that a legible copy of his college transcript was filed in his OMPF on 1 June 2011, 7 months after the promotion board convening date.

4.  MILPER Message 10-179 announced the convening date of the FY11 Reserve Components CPT promotion board with specific instructions for eligible officers to ensure their records were complete and met the requirements.  The message warned that failure to comply with the instructions could be viewed as the lack of due diligence on the officer's part.  The message also provided clear guidance for individuals to report to the president of the board "those matters deemed important in the consideration of an officer's record."  It appears he failed to do so.

5.  Officers are largely responsible for their own careers.  An officer exercising due diligence would have discovered that relevant documents in his/her OMPF were missing or illegible.  

6.  Notwithstanding the applicant's contentions, the evidence appears to show he did not exercise reasonable diligence in ensuring his board file was ready for review by the promotion board.  

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)                                         AR20140020982



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ABCMR Record of Proceedings (cont)                                         AR20140020982



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