PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  15 February 2001
	DOCKET NUMBER:  AR2000047625

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret K. Patterson		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that she receive promotion reconsideration for colonel under the FY99 criteria.

3.  The applicant states that personnel officials never notified her that the convening date of the FY99 Colonel, Medical Corps Promotion Selection Board had been moved up by 7 weeks.  Although she had been working on updating several areas of her promotion file it was not complete when she was informed on 23 August 1999 that the board was already in session and no further updates could be accepted.  She requested promotion reconsideration but the Officer Special Review Board (OSRB) denied it.  She submits memoranda of support from her command and from Medical Corps personnel officials in support of her application.

4.  The applicant’s military records show that at the time of the promotion board in question she was serving on active duty in the pay grade of O5 as a Medical Corps officer at Fort Belvoir.  She was not selected for colonel by the FY99 Colonel, Medical Corps Promotion Selection Board that convened on 10 August 1999.

5.  The applicant states that her promotion file had several errors and missing documents that could have materially effected her opportunity for selection.  Her file was missing several certificates, an award of the Army Commendation Medal, and an academic evaluation report (AER) for the advanced course.  Additionally, her Officer Record Brief (ORB) was not current reflecting her proper duty titles.

6.  On 3 August 2000, she requested promotion reconsideration based on incomplete promotion files and lack of notification of promotion board convening dates.  The OSRB denied her request on 15 August 2000.  It was the opinion of the OSRB that the applicant had failed to show that she had used due diligence in maintaining the accuracy of her records prior to promotion consideration.  The OSRB also noted that the errors concerning missing certificates were harmless since her advanced course completion was noted on her ORB and the award was below the level of the Silver Star.  They did not address the missing AER.

7.  In an undated memorandum the former chief of personnel for the medical activity at Fort Belvoir states that he was never notified of the change in promotion board dates for Medical Corps colonels.  Because of this he did not inform the applicant of the date of her pending promotion selection.

8.  In a 4 August 2000 memorandum the Deputy Chief, Medical Corps Branch Total Army Personnel Command (PERSCOM) states that letters of notification are routinely provided to all officers notifying them when they are in the zone of consideration for promotion.  In FY 1999 the branch did not send any letters of notification.

9.  In statements from two fellow Medical Corps officers, they verify that they were not notified by any personnel officials of the convening date for the FY99 Colonel, Medical Corps Promotion Selection Board even though they were in the primary zone for consideration.

10.  The PERSCOM message that announced the FY99 Colonel, Medical Corps and Dental Corps Promotion Selection Board was dated 25 May 1999.  It informed all addressees that the board would convene on 10 August 1999.  Commanders were notified to review the records of all eligible officers for current photographs and to have officers review their ORB and Official Military Personnel File (OMPF) for corrections or additions.  Military personnel divisions, personnel support battalions and personnel detachments were instructed to verify the by-name list of eligible officers, verify selected dates, report data corrections, and submit documents, photographs, and evaluation reports to PERSCOM.

11.  Army Regulation 600-8-29 provides the policy for officer promotions.  Chapter 4 provides the rules and steps for verification and notification of eligible officers and preparation of files for promotion selection.  It provides that personnel officials will notify all eligible officers based on the announced promotion zone and inform them of their responsibilities concerning audit and necessary updates, including a joint audit of the officers promotion ORB.

CONCLUSIONS:

1.  Notwithstanding the opinion of the OSRB and the officers’ responsibility in the management of their careers, there was an apparent breakdown in communications and procedures in this case that resulted in an inequity for the applicant.

2.  While the Board agrees with the OSRB that the minor discrepancies on the applicant’s ORB did not amount to material error sufficient to cause her nonselection for promotion, her file was missing an AER which is an integral part of the promotion review process.

3.  The applicant is entitled to reconsideration for promotion to colonel under the FY99 criteria by a duly constituted Special Selection Board (SSB).

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by:

a.  submitting her records to a SSB for promotion consideration to colonel, Medical Corps, under the FY99 criteria; and

	b.  if selected for promotion, promoting her with a date of rank and effective date as if she had been selected by the original FY99 promotion selection board with entitlement to all back pay and allowances.

BOARD VOTE:  

__fe___  __mm___  __mp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000047625	
SUFFIX		
RECON		
DATE BOARDED	20010215	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.11	
2.		
3.		
4.		
5.		
6.