IN THE CASE OF:	  

		BOARD DATE:	  9 June 2014

		DOCKET NUMBER:  AR20150000524 


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, reconsideration of his records by the Fiscal Year 2014 (FY14) Officer Separation Board (OSB).

2.  The applicant states his Officer Evaluation Report (OER) for the rating period October 2011 through July 2012 was not uploaded to his OSB packet.  This error in his military records should be considered an injustice.

3.  The applicant provides an OER for the rating period 20110907 through 20120223. 

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a commissioned officer of the Army with concurrent call to active duty on 25 May 2006.  He completed the Field Artillery Basic Officer Leader Course.

2.  He served in a variety of stateside or overseas assignments and he was promoted to captain (CPT) on 1 June 2009. 

3.  Military Personnel (MILPER) Message 13-356, dated 6 December 2013, Subject: FY14 OSB and Enhanced Selective Early Retirement Boards (E-SERB) CPT, Army Competitive category (ACC), announced the criteria and zones of consideration for the FY14 OSB.  Year Group 2006 CPTs with a date of rank between 29 January 2009 and 28 February 2010 will be considered by the        E-SERB (if they have 18 or more years of active federal service service as of the convene date, scheduled for 6 to 20 March 2014) and by the OSB (if they have less than 18 years of active federal service as of the convene date). 

	a.  My Board File (MBF) for affected officers opens on or about 13 December 2013 and closes on 27 February 2014.

	b.  Secretary of the Army approval of the board report is final action.  No relook or standby boards will be established nor is there an appeal process.  Officers who believe their selection for early retirement or separation (as appropriate) resulted from an error in their military records or that their selection constitutes an injustice may seek relief from the Army Board for Correction of Military Records. 

	c.  In order to be considered by the board, mandatory or optional OERs must be received error-free by HRC no later than 21 February 2014.  An "HRC-Directed" OER is required only for those CPTs who have not had an OER rendered in the last 180 days prior to 1 March 2014.  Officers with missing OERs or those who have OERs with errors should, in effect, resolve those issues ahead of time. 

4.  The applicant was considered and selected for separation by the OSB.  He was so notified.  Accordingly, he was honorably discharged from active duty on 1 April 2015 under chapter 5 of Army Regulation 600-8-24 (Officer Separations) by reason of early separation with entitlement to separation pay.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 8 years, 10 months, and 7 days of active (commissioned) service and 4 years, 11 months, and 18 days of prior active (enlisted) service. 

5.  The applicant provides a copy of his Change of Rater OER for the rating period 20110907 through 20120223.  This OER was signed by his rating officials on 22 October 2014 and 6 November 2014 respectively and by the applicant on 15 December 2014.  This OER continues to have errors and is not posted to his official military personnel file (OMPF).

6.  An advisory opinion was received from the U.S. Army Human Resources Command (HRC) on 26 March 2015 in the processing of this case.  An advisory official recommended disapproval of the applicant's request.  He stated: 

	a.  A review of the applicant's OMPF indicates there is no administrative action to be taken.  The only OER missing from his OMPF was the Change of Rater OER for the rating period 20110907 through 20120223.  The OER for the rating period 20120224 through 20120721 was received and processed. 

	b.  The Change of Rater OER for the rating period 20110907 through 20120223 was submitted by the unit and received by HRC on 15 December 2014 but it was rejected as an invalid report.  The report was invalid because of the minimum grade of the senior rater was not met and the report was never resubmitted by his unit for processing.  Army Regulation 623-3 (Evaluation Reporting System), paragraph 2-7 and Table 2-1 provide guidance that the minimum senior rater grade for a CPT is a lieutenant colonel (LTC), a promotable major (MAJ(P)) serving in an authorized billet for the higher grade, or a civilian GS-13 or above.

	c.  The applicant's unit should complete the OER by ensuring the senior rater is identified to meet the regulation and resubmit the corrected report to HRC.   The omission of this report from the applicant's OMPF is not grounds for a special selection board.  The omitted report would not have been a factor in not being selected by the OSB. 

7.  The applicant was provided a copy of the advisory opinion for review and comment.  He did not respond within the time allotted.

DISCUSSION AND CONCLUSIONS:

The applicant was considered by an OSB and selected for separation no later than 1 April 2015.  It appears he had a missing OER for the rating period 20110907 through 20120223.  However, the omitted OER was not a factor in his selection for separation by the OSB.  Appeals are appropriate when an officer is considered by such board when he/she should not have been.  This is not the case here.  As such, he does not qualify for an OSB reconsideration. 

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)                                         AR20150000524





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ABCMR Record of Proceedings (cont)                                         AR20150000524



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