IN THE CASE OF: BOARD DATE: 18 February 2016 DOCKET NUMBER: AR20150005846 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 removal of three memoranda announcing his non-selection for promotion by the Army Reserve Components Mandatory (Major (MAJ)) Selection Boards for Fiscal Year (FY) 2005, FY 2006, and FY 2007 from his Official Military Personnel File (OMPF). 2. The applicant states, in effect: a. He did not know he had been non-selected for promotion three times while in the Individual Ready Reserve (IRR). In fact, when he transferred into the IRR in 1998 as a first lieutenant (1LT) he believe 1LT would the last rank/promotion he would receive until he received a letter from the Veteran's Administration referring to him as "Captain E______," in approximately 2007. This letter was the first time he had been made aware that he had apparently been promoted to the rank of CPT. This event sparked his curiosity and he contacted a U.S. Army Reserve (USAR) recruiter who confirmed that he had been promoted to CPT in 1998, not long after entering the IRR. He decided to re-enter the USAR and had no delays or difficulties in completing paperwork and beginning his period of service, in the rank of CPT, with the 321st Sustainment Brigade from 2007 - 2009. b. There are additional important elements of his record that remain a mystery to him. For instance, when completing necessary paperwork for selection to the Army Medical Department, he discovered the only retirement points reflected in his file are from the 2007 - 2009 timeframe. None of the retirement points he accumulated from 1986 - 1998 are recorded despite eleven solid years of service in the Louisiana Army National Guard (LAARNG) and service during the Gulf War. c. He remains eager to serve the behavioral health needs of the LAARNG. 3. The applicant provides copies of his: * résumé’ * military personnel documents * memorandum announcing approval of his resignation in lieu of involuntary separation * three U. S. Army Human Resources Command (HRC) memoranda, subject: Notification of Promotion Status, dated in 2005, 2006, ad 2007 CONSIDERATION OF EVIDENCE 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. Following prior enlisted service, the applicant was appointed as a second lieutenant (2LT) in the LAARNG on 19 May 1990. 3. He was promoted to 1LT effective 15 December 1993. 4. He was honorably discharged from the National Guard effective 15 August 1997 and transferred to the USAR. His NGB Form 22 (Report of Separation and Record of Service) shows his rank as 1LT. 5. His OMPF contains copies of: a. A U. S. Total Army Personnel Command memorandum, subject: Promotion as a Reserve Commissioned Officer of the Army, dated 26 June 2002, that notified him he was promoted to CPT in the USAR effective 14 December 1998. b. On 28 June 2005, an HRC memorandum, subject: Notification of Promotion, notified the applicant that he had been considered, but not selected, for promotion by the U.S. Army Reserve Components Mandatory Selection Board. The records reviewed by the Department of the Army Selection Board did not indicate he completed the required civilian and or military education by the day the board convened. c. An HRC memorandum, subject: Notification of Promotion Status, dated 30 June 2006, which notified him that he had been considered but not selected for promotion by a Department of the Army Reserve Components Selection Board and as a result of this second non-selection he would have to be discharged not later than 1 January 2007, unless he was eligible for and requested transfer to the Retired Reserve. d. An HRC memorandum, subject: Notification of Promotion Status, dated 3 July 2007, which notified him that he had been considered but not selected for promotion by a Department of the Army Reserve Components Selection Board and as a result this second non selection he would have to be discharged not later than 1 January 2008, unless he was eligible for and requested transfer to the Retired Reserve. The mailing address is shown as 3809 Transcontinental Dr. #100, Metairie, LA 70006. 6. On 26 August 2009, the applicant's request for resignation in lieu of involuntary separation was approved. He was honorably discharged from the USAR effective 29 September 2009 in the rank of CPT. 7. His DA Form 5016 (Chronological Statement of Retirement Points), dated 11 January 2016, shows he was credited with active duty points for 1986 (92 points), 1990 (131 points), and 1991 (166 points). 8. His OMPF contains a National Guard Bureau (NGB) memorandum, subject: Age and Age-in-Grade (AIG) Waiver, dated 19 May 2014, which notified the Adjutant General LAARNG that a request for an age and AIG waiver had been approved for the applicant. 9. Army Regulation 135-133 (Ready Reserve Screening, Qualification Records System, and Change of Address Reports) prescribes responsibility and procedures for screening the Ready Reserve during peacetime. It provides a uniform system for administering and maintaining the Ready Reserve qualification records to include guidance for processing changes of address for USAR and ARNG soldiers not on active duty. Ready Reservists will be retained in the Ready Reserve for the entire period of their statutory or voluntary contract. A temporary address is the place where the Soldier is or will be temporarily located while away from their "home of record." Each Ready Reservist is responsible for providing the Commander, HRC, with their mailing address upon relocation. 10. Army Regulation 135-100 (ARNG and Army Reserve – Appointment of Commissioned and Warrant Officers of the Army) provides that commissioned officers twice passed over for promotion or otherwise released from an active status due to failure to be promoted to a higher commissioned grade are not eligible for another appointment unless a waiver is authorized. 11. Title 10, U.S. Code, section 3368 states that an officer in a Reserve grade who is twice considered, but not recommended for promotion, may not thereafter be considered for promotion or examined for Federal recognition. 12. Army Regulation 600-8-104 (Army Military Human Resources Records Management) prescribes the policies governing the OMPF and filing in the interactive Personnel Electronics Records Management System. This regulation states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation. The Army Soldier Records Branch maintains a list of documents required for filing in the OMPF as an appendix to this regulation. The appendix shows that letters of notification to officers considered but not selected for promotion are to be filed in the OMPF. 13. Army Regulation 600-8-104 further provides in paragraph 1-9e (Soldier), in part, that all Soldiers, regardless of component, are responsible for updating their individual OMPF. Soldiers must keep their personnel records updated at all times by routinely reviewing their record online. Soldiers are encouraged to maintain original copies of all documents submitted for Web upload to the OMPF. If separating from any component of the Army, obtain a DOD Self-Service (DS) logon from the eBenefits Web site to gain access to their OMPF without a common access card at www.ebenefits.va.gov. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the three HRC memoranda notifying him of non selection for promotion should be removed from his OMPF because he was not aware of them. Army Regulation 600-8-104 provides that letters of notification to officers considered but not selected for promotion are to be filed in the OMPF. 2. A review of this Retirement Points Statement shows he was credited with active duty points in 1986, 1990, and 1991. There is no evidence available at this time indicating error in the recording of his retirement points. 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) AR20120008962 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005846 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1