IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150004607 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 The applicant requests reconsideration of his request for his discharge to be rescinded and that he be granted a special selection board (SSB) for promotion to lieutenant colonel (LTC). He had also requested a personal hearing. 2. The applicant states he exercised reasonable and realistic diligence in continuing military service, as well as for promotion. The error on his part was failing to attain wise counsel. Because he had no access to review the integrated web service in or before 2008, he was not contacted or made aware of any promotion reviews through the Individual Ready Reserve (IRR) program. He was only able to go by the reports that were, or were not, posted in his official military personnel file (OMPF). The advice he received from the U.S. Army Human Resources Command (HRC) in November 2008, prior to the 2009 deployment, was flawed. He was told he would not be considered for promotion during deployment (2009-2010) and a non-qualified for promotion due to deployment and education would be communicated to the board on his behalf, review for LTC would be the following review board year and he had to wait for notification eligibility before creating a promotion packet. This information, although derived from the only organization that should have correct information, was wrong. Accurate advice would have given him a reasonable chance to be in a competitive promotion category. 3. The applicant provides: * Three DA Forms 67-9 (Officer Evaluation Report) * Army Board for Correction of Military Records (ABCMR) Docket Number AR20130017126, dated 9 July 2014 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130017126, on 9 July 2014. 2. On 15 May 1986, he was commissioned a second lieutenant in the U.S. Army Reserve (USAR). 3. On 9 January 1998, he was transferred from a troop program unit (TPU) to the IRR on a voluntary reassignment. 4. On 17 June 2002, he was promoted to major (MAJ). 5. His Integrated Web Services (IWS) transaction history indicates that on 3 and 24 August 2007 he was notified that he was eligible for promotion to LTC and he should review his Board File for the 2007 LTC APL (Army Promotion List). 6. His IWS transaction history indicates that on 29 July 2008 a DA Form 1059 (Service School Academic Evaluation Report) for Intermediate Level Education (ILE) or Command and General Staff Course (CGSC) was requested. 7. His IWS transaction history indicates that on 24 July 2009, he was not educationally qualified for the 2009 LTC APL. 8. On 25 January 2009, he was ordered to active duty in support of Operation Iraqi Freedom. He was deployed to Iraq from 24 April 2009 - 30 January 2010. He was released from active duty on 27 February 2010. 9. His IWS transaction history shows that on 21 January 2010, he was identified as a second time non-select by the "2146" (FY 2010) LTC APL Board. 10. On 26 February 2010, he was ordered to active duty to complete medical care and treatment. On 26 August 2010, he was released from active duty and transferred to USAR Control Group (Reinforcement). 11. On 1 October 2010, he was transferred from the USAR Control Group (Reinforcement) to a TPU. 12. On 27 January 2012, the TPU Career Management Office, Army Reserve Careers Division, Morrow, GA notified him the Soldier Management System (SMS) reported him as not being enrolled or completing the ILE-CC. 13. On 6 March 2012, the applicant completed the ILE at the CGSC, Fort Leavenworth, KS. 14. On 1 July 2012, he was discharged from the USAR by reason of being a two time non-select for promotion to LTC. 15. Army Regulation 135-155 (Army National Guard and USAR, Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy for selecting and promoting commissioned officers of the USAR. It also covers promotion eligibility and qualification requirements, board schedules and procedures, and procedures on processing selection board recommendations. a. The regulation provides that mandatory selection boards will be convened each year to consider USAR officers in an active status for promotion to captain through colonel. b. The military education requirement for promotion from MAJ to LTC is completion of 50 percent of the Command and General Staff Officer Course. b. Promotion reconsideration by an SSB may only be based on erroneous non-consideration or material error, which existed in the record at the time of consideration. Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual's non-selection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion. Boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military schooling. 16. Title 10, U.S. Code, section 14506 (Effect of Failure of Selection For Promotion: Reserve Majors of the Army, Air Force, and Marine Corps, and Reserve Lieutenant Commanders of the Navy) states unless retained as provided in section 12646, 12886, 14701, or 14702 of this Title, each Reserve officer of the Army, Navy, Air Force, or Marine Corps who holds the grade of MAJ or LTC who has failed selection 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, if not earlier removed from the Reserve active-status list, be removed from that list in accordance with section 14513 of this Title on the later of the first day of the month after the month in which the officer completes 24 years of commissioned service, or 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. 17. Title 10, U.S. Code, section 14513 (Failure of Selection for Promotion: Transfer, Retirement, or Discharge) states each Reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active status and whose removal from an active status or from a Reserve active-status list is required by section 14504, 14505, or 14506 of this title shall (unless the officer's separation is deferred or the officer is continued in an active status under another provision of law) not later than the date specified in those sections: * be transferred to an inactive status if the Secretary concerned determines that the officer has skills which may be required to meet the mobilization needs of the officer's armed force * be transferred to the Retired Reserve if the officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve * if the officer is not transferred to an inactive status or to the Retired Reserve, be discharged from the officer's Reserve appointment 18. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION AND CONCLUSIONS: 1. His first notification of his eligibility for promotion to LTC was in August 2007, 17 months before he was ordered to active duty. It would be the officer's responsibility to ensure he met all the requirements for promotion. On 29 July 2008, he was notified of the need for a DA Form 1059 to show completion of ILE or CGSC. On 24 July 2009, he was not educationally qualified for the 2009 LTC APL. On 21 January 2010, he was identified as a second time non-select by the FY 2010 LTC APL Board. 2. On 6 March 2012, he completed ILE. He has not shown that his non-selection for promotion was a result of erroneous non-consideration or material error, which existed in the record at the time of consideration. Promotion boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military schooling. 3. The applicant had been twice non-selected for promotion to LTC and he had more than 24 years of commissioned service. His discharge was required by statute. 4. The applicant had requested to personally appear before the ABCMR; however, it was determined that there was sufficient evidence available for fair and impartial consideration of his case. 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 to amend the decision of the ABCMR set forth in Docket Number AR20130017126, dated 9 July 2014. __________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) AR20150004607 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004607 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1