IN THE CASE OF: BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20160003831 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x ___ ____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20160003831 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20160003831 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 correction of his date of rank (DOR) for promotion to major (MAJ). 2. The applicant states: a. A mistake was made with the Fiscal Year (FY) 2012 Army Medical Department (AMEDD) promotion selection board (PSB). The board had to be redone because additional year groups were added in error. b. Once the error was recognized, a re-board was convened, with the result being that promotions were delayed by several months for all those who had been selected for promotion. c. He contacted his AGR program manager at the time, and only received minimal information as to how he could request a DOR adjustment. This, plus the impact of other commitments, delayed his request for relief. 3. The applicant provides Orders Number B-09-305897, dated 12 September 2013. CONSIDERATION OF EVIDENCE: 1. Having had prior enlisted service in the U.S. Marine Corps, as well as enlisted and commissioned service in the South Carolina Army National Guard (SCARNG), the applicant was ordered to active duty as a Medical Service Corps U.S. Army Reserve commissioned officer in Active Guard/Reserve (AGR) on 30 May 2006. 2. He was promoted to captain effective 11 April 2007. 3. Orders Number B-09-305897, dated 12 September 2013, issued by the U.S. Army Human Resources Command (HRC) promoted him to MAJ with a DOR and effective date of 28 August 2013. 4. An official from HRC provided an advisory opinion, dated 21 September 2016, in which he essentially stated: a. The applicant's requests to adjust his DOR and effective date for promotion to MAJ cannot be supported. The earliest available DOR for any officer selected for promotion is the PSB's approval date. This assumes, upon release, the officer is deemed fully eligible. b. The applicant was initially considered for below-the-zone (BZ) promotion to MAJ by the FY 12 MAJ AMEDD PSB, but he was not selected. The FY 13 MAJ AMEDD PSB was approved to convene in November 2012, which, while within the same calendar year as the FY 12 board, was under the auspices of next FY. c. Although the applicant is correct when he states there were two recommencements of the FY 13 MAJ AMEDD PSB, the official indicated that it cannot be affirmed with certainty what actual date would have been approved, had the board results not contained errors. d. Prior to final approval, promotion lists are reviewed with great care and the utmost security. The intent is to ensure the promotion selection process for that particular board has adhered to the letter, and the spirit, of law and regulation. When the review process reveals a legally objectionable error, the board is reconvened. e. The FY 13 MAJ AMEDD board was approved on 27 August 2013, and above-the-zone (AZ) AGR officers were promoted with that date as their DOR. The DOR for "in-zone" AGR officers was 28 August 2013, and 29 August 2012 was used for BZ AGR officers. 5. On 26 September 2016, the Case Management Division, Army Review Boards Agency, provided the applicant a copy of the advisory opinion for review and comment. The applicant did not submit a response. REFERENCES: 1. Military Personnel (MILPER) message 11-289, issued 23 September 2011, Subject: FY 12 MAJ AMEDD, ARNG, Army Reserve (AR) AGR, and AR Non-AGR, Competitive Categories, PSBs, served as the official announcement of this board. The zones of consideration were: * AZ - 31 August 2005 and earlier * "in-zone" - 1 September 2005 through 31 August 2006 * BZ - 1 September 2006 through 31 August 2007 2. MILPER message 12-284, issued 14 September 2012, Subject: FY 13 MAJ AMEDD, AR-AGR, AR Non-AGR, and ARNG of the U.S. (ARNGUS) Competitive Categories, PSBs, announced the following zones of consideration: * AZ - 30 August 2006 and earlier * "in-zone" - 1 September 2006 through 31 August 2007 * BZ - 1 September 2007 through 30 August 2008 3. MILPER message, issued 22 July 2013, Subject: Administrative Delay of Release of the FY 13 MAJ AMEDD, AR-AGR, AR Non-AGR, and ARNG of the U.S. (ARNGUS) Competitive Categories, PSBs, stated the board results were delayed until early/mid-September 2013. 4. MILPER message 13-237, issued 27 August 2013, Subject: Release of the FY 13 MAJ AMEDD, AR-AGR, AR Non-AGR, and ARNG of the U.S. (ARNGUS) Competitive Categories, PSBs, indicated the release of the board results on 10 September 2013 DISCUSSION: 1. The applicant requests correction of his DOR based on administrative delays resulting from errors in the PSB process. a. The applicant identifies the PSB in question as being the FY 12 MAJ AMEDD, ARNG, Army Reserve (AR) AGR, and AR Non-AGR, Competitive Categories, PSB. However, a review of the MILPER message for that board shows he fell within BZ, not "in-zone" consideration for that board. He was considered "in-zone" for the FY 13 PSB. b. The HRC advisory opinion also confirmed he was considered for BZ promotion by the FY 12 PSB, but not selected. The HRC official further acknowledged the FY 13 PSB was re-commenced, and that this board selected the applicant for promotion to MAJ. 2. The HRC advisory went on to state there was no concrete way to confirm when the PSB result might otherwise have been approved, had errors in the initial PSB's selection process not been found. 3. The administrative delay was announced on 22 July 2013 by MILPER message, and on 27 August 2013, another MILPER message announced the release of the promotion list. Additionally, while the release date was in September 2013, all selectees were given DORs between 27 and 29 August 2013. 4. In view of the foregoing evidence, it appears the applicant's promotion to MAJ occurred within the same general timeframe experienced by all the selectees for MAJ who were promoted based on the FY 13 MAJ AMEDD, AR-AGR PSB. There is no evidence any of the selectees received an advantage because of the delay or were inequitably disadvantaged. In addition, the delay was due to the need to ensure the accuracy and integrity of the PSB process, and not the result of an error or an injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003831 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003831 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2