IN THE CASE OF: 

		BOARD DATE: 1 October 2015

		DOCKET NUMBER:  AR20150002992


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 two separate applications, suspension of her separation date pending the Board’s review of her case and that her military records be placed before a special selection board (SSB) to consider her for promotion to captain (CPT).

2.  The applicant states she was denied promotion in 2012 due to not being educationally qualified.  She contends that she had her bachelor’s degree since 2007 and had provided a copy of her degree and college transcripts prior to her swearing into the U.S. Army.  She would like to not have a break in service if possible.

3.  The applicant provides:

* Diploma, Bachelor of Science in Nursing, Texas Tech University Health Sciences Center, School of Nursing, dated 18 August 2007
* Transcript, Texas Tech University Health Sciences Center, dated            18 August 2007
* DA Form 1059 (Service School Academic Evaluation Report, dated        23 October 2012
* Memorandum, U.S. Army Human Resources Command (HRC), dated 
* 29 January 2015



CONSIDERATION OF EVIDENCE:

1.  The applicant’s Bachelor of Science in Nursing Diploma and transcript, as provided by the applicant and on file in her Official Military Personnel File (OMPF) show she completed her medical training in August 2007.

2.  The applicant's records show she was appointed as a Reserve commissioned officer of the Army in the rank of first lieutenant (1LT), Army Nurse Corps, on 
13 June 2011.

3.  DA Form 5074-1 (Record of Award of Entry Grade Credit (Health Services Officers) dated 20 June 2011, shows the applicant was granted 3 years of construction service credit resulting in a date of rank for 1LT of 13 December 2009.

4.  DA Form 1059, dated 23 October 2012, shows the applicant completed the Army Medical Department Basic Officer Leadership Course at Fort Sam Houston, Texas.  She achieved the course standards.

5.  In a memorandum, dated 27 November 2012, the applicant was notified of her first non-selection for promotion to captain.  The records reviewed by the selection board did not indicate that she had completed the required civilian or military education by the day before the board convened.  She was informed that if she had completed the education requirements, she could request reconsideration by applying through command channels to HRC.  There is no evidence that she did so.

6.  A DA Form 67-9 (Officer Evaluation Report (OER)), for the rated period 1 July 2012 to 30 June 2013 shows the applicant did not maintain an appropriate level of physical fitness and military bearing.  Her rater recommended she be promoted only after attaining a passing score on the Army Physical Fitness Test (APFT).  Her senior rater evaluated her as fully qualified and placed her in the center of mass for potential.

7.  Orders 15-024-00021, United States Army Reserve (USAR) Command, dated 
24 January 2015, announced the applicant’s honorable discharge from the USAR effective 23 February 2015 due to being twice non-selected for promotion to CPT.



8.  A memorandum for the applicant, dated 29 January 2015, from the Lead, Officer Promotions, Special Actions, HRC, was written in response to a request for reconsideration of promotion to captain by an SSB.  It stated, in essence:

	a.  The applicant’s case seemed to have merit; however, HRC could not approve her request for an SSB because law and regulation stated that a 1LT who has failed to be promoted to captain the second time will be removed from the active status list on the first day of the seventh month from the approval date of the board.  Records indicated that she had failed to be recommended for the second time and currently was pending discharge on 1 February 2015.  The SSB process requires up to 12 months for completion.

	b.  The Deputy Assistant Secretary of the Army, Manpower and Reserve Affairs, directed that the practice of granting special boards for former officers without directive from the Army Board for Correction of Military Records be stopped.  Further, special boards were not to be granted for former officers who no longer had current military status unless directed by the Secretary of the Army via the ABCMR.  Therefore, the applicant was advised to consider applying to this Board for relief.

9.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve officers.  The regulation specifies promotion from 1LT to CPT requires completion of 4 years in grade, 6 years in service and completion of the officer basic course.  Any person, who twice fails to be selected for promotion to the rank of CPT, will not be considered again for promotion.  All officers not qualified for retention will be removed from an active status within 90 days after the selection board submits its results to Headquarters, Department of the Army (HQDA).  HQDA may remove a name from a not-recommended list if the officer was not eligible for consideration because he/she was not in an active status or was in an active status in error at the time of consideration.  Promotion policy does not provide for the removal of non-selections by a reserve component selection board except when directed by this Board.

10.  Title 10, U.S. Code, section 14504 provides that a 1LT on the Reserve Active-Status List who has failed selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall be separated not later than the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time.

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) provides that applying to the ABCMR does not stay other proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her separation date should be suspended so that her military records may be placed before an SSB to consider her for promotion to CPT.

2.  The governing regulation clearly provides that applying to this Board will not stay other proceedings.  Therefore, the applicant’s request to suspend her separation date pending a decision by this Board should be denied.

3.  The applicant argues that she was denied promotion in 2012 due to not being educationally qualified.  She contends that she had her bachelor’s degree since to time of her appointment in the Army and had provided a copy of her degree and college transcripts prior to her swearing into the U.S. Army.

4.  The available evidence indicates that her first non-selection may have been due to her education documents not being in her OMPF.  However, there is no evidence showing she made a timely effort to correct this oversight and to request an immediate reconsideration.  Furthermore, it appears that her second non-selection may have been due to her “fully qualified” performance rating and failure to maintain the appropriate level of physical fitness.

5.  Implicit in the Army's promotion system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers.  The applicant knew or should have known that reviewing and updating her official records has been a long-standing regulatory requirement, announced in messages and communicated by assignment officers.  The general requirements and workings of the system are widely known and specific details such as promotion board dates and promotion zones are widely published in official, quasi-official, unofficial publications, and in official communications.

6.  The applicant has not shown by the preponderance of the evidence that her discharge was in error or unjust.  As such, there is no valid basis to support her request.



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)                                         AR20120001425



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ABCMR Record of Proceedings (cont)                                         AR20150002992


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