DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RB 27 April 2017 MEMORANDUM FOR Commander, US Army Human Resources Command, 1600 Spearhead Division Avenue, Department 100, Fort Knox, KY 40122-5100 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20150016011 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 30 March 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be given consideration by a Special Selection Board in accordance with the CY93, LTC MSC promotion board criteria. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 28 August 2017. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl IWt - - Deputy Assistant Secretary of the Army (Review Boards) CF: ( ) OMPF Recycled Paper BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150016011 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 BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150016011 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. BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150016011 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 consideration of his records by a special selection board (SSB), for promotion to the rank of lieutenant colonel (LTC). 2. The applicant states: a. In April 2015, his military records did not show that he had completed the U.S. Army Command and General Staff Officers Course (CGSOC) on 20 June 1983. This was corrected on 4 August 2015, when the Army Review Boards Agency (ARBA) directed that the course be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). b. He believes the absence of a CGSOC completion document in his Official Military Personnel File (OMPF) affected his active duty and Reserve assignments and resulted in his non-selection for promotion to LTC. c. He requested a copy of his military personnel records from the National Personnel Records Center (NPRC) in November 2014; he received the requested records in April 2015. These records and a print-out from the U.S. Army Human Resources Command (HRC) website showed his highest level of military education was the Captains' Career Course. This has since been corrected by ARBA and a correction to his DD Form 214 [DD Form 215] now shows he completed CGSOC in 1983. 3. The applicant provides: * DD Form 214 (Report of Separation from Active Duty) for the period ending 30 May 1974 * DD Form 214 for the period ending 1 December 1984, with DD Form 215 (Correction to DD Form 214), dated 4 August 2015 * DD Form 214 for the period ending 1 August 1991, with DD Form 215, dated 15 January 1992 * his retirement orders * a copy of his retiree identification card * a letter from the Defense Finance and Accounting Service (DFAS) regarding his retired pay account * a list of civilian education and military courses he completed 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 enlisted service in the U.S. Air Force, the applicant was appointed as a Reserve commissioned officer of the Army on 18 December 1975, in the rank of second lieutenant, in the Medical Service Corps (MSC). He entered active duty on 3 January 1976 and was appointed in the Regular Army. 3. The applicant was promoted to captain effective 26 April 1980. 4. A DA Form 1059 (Service School Academic Evaluation Report) shows he completed the MSC CGSOC on 16 May 1983. 5. The applicant was discharged on 1 December 1984, by reason of unqualified resignation and on the following day, he was appointed as a Reserve commissioned officer of the Army. He was promoted to major (MAJ) effective 17 December 1987. 6. The applicant served on active duty from 14 September 1990 to 1 August 1991 in support of Operations Desert Shield/Desert Storm. 7. Orders issued on 22 February 1994 directed his reassignment to the U.S. Army Control Group (Reinforcement), effective 16 February 1994. These orders were amended on 16 August 1995 to show he was reassigned to the Retired Reserve by reason of loss of position due to inactivation/reorganization. 8. Orders issued by HRC on 27 April 2011 directed his placement on the Retired List, in the rank of MAJ, effective 26 July 2011. His placement on the Retired List coincided with him reaching 60 years of age. 9. On 4 August 2015, ARBA directed the amendment of his DD Form 214 for the period ending 1 December 1984 to show CGSOC completion in 1983. 10. An advisory opinion was obtained from the Officer Promotions and Special Actions Branch at HRC. The opinion states: a. Based on a review of their records and the information provided, they find that the applicant's request does have merit. The documents provided prove he completed the required education requirements prior to the calendar year 1993 (CY93) LTC, MSC promotion board. Had his records been updated prior to the selection board, there may have been (no guarantee) a reasonable chance that he could have been selected for promotion. However, his current "former officer" status and Department of Defense Instruction 1320.11 prohibits them from processing such a request unless directed by the ABCMR. The applicant retired prior to his records being digitized, therefore they must request assistance from the NPRC, Military Personnel Records (MPR), St. Louis, MO. b. Pending an ABCMR directive for an SSB, and receipt of his records from NPRC MPR, the entire process may take up to 24 months (or more) to complete and approve for release by the appropriate signature authority. c. Approval of an SSB does not supersede any law or doctrine as it relates to mandatory eliminations, mandatory retirement dates, and/or voluntary retirement dates, separations or transition services in general, nor does it constitute an automatic revocation of discharge/retirement order(s) or reinstatement to the Active Duty List or the Reserve Active Status List . This may only occur, if warranted or directed in an approved ABCMR proceedings. d. In addition, any adjustment of rank, date of rank, or associated back pay and allowances, will only occur upon a favorable outcome that leads to promotion (unless otherwise proven ineligible). 11. The advisory was provided to the applicant to give him the opportunity to provide additional comments or a rebuttal. He responded by providing copies of his military records and documents showing his civilian accomplishments. REFERENCES: 1. Army Regulation 600-8-29 (Officer Promotions), chapter 7 (SSBs) provides: a. SSBs may be convened under Title 10, U.S. Code, section 628 to consider or reconsider commissioned or warrant officers for promotion when Headquarters, Department of the Army discovers one or more of the following: (1) An officer was not considered from in or above the promotion zone by a regularly scheduled board because of an administrative error. (2) The board that considered an officer from in or above the promotion zone acted contrary to law or made a material error (SSB discretionary). (3) The board that considered an officer from in or above the promotion zone did not have before it some material information (SSB discretionary). b. An officer will not be considered or reconsidered for promotion by an SSB when an administrative error was immaterial, or the officer, in exercising reasonable diligence, could have discovered and corrected the error on the Officer Record Brief (ORB) or in the OMPF. The ORB is a summary document of information generally available elsewhere in the officer’s record. It is the officer’s responsibility to review his or her ORB and OMPF before the board convenes and/or to notify the board, in writing, of possible administrative deficiencies in them. DISCUSSION: 1. The applicant contends his record should be submitted to an SSB for consideration for promotion to LTC. The basis of his contention is that he was not selected for promotion to LTC because his military records did not show that he completed the CGSOC on 20 June 1983. 2. The evidence confirms he completed the CGSOC on 20 June 1983. According to the HRC advisory opinion, he was eligible for promotion consideration to LTC in 1993. 3. Normally, Headquarters, Department of the Army, releases a message well in advance of promotion boards with specific instructions for eligible officers to ensure their records are complete and meet the requirements. The message normally also warns that failure to comply with the instructions could be viewed as the lack of due diligence on the officer's part. The message also provides clear guidance for individuals to report to the president of the board "those matters deemed important in the consideration of an officer's record." It appears he failed to do so. 4. The regulation provides that an officer will not be considered or reconsidered for promotion by an SSB when an administrative error was immaterial, or the officer, in exercising reasonable diligence, could have discovered and corrected the error on the ORB or in the OMPF. He completed the CGSOC in 1983 and it appears that 10 years later, in 1993, evidence of the course completion was not in his OMPF. Officers are largely responsible for their own careers. An officer exercising due diligence would have discovered that relevant documents in his/her OMPF were missing. 5. The HRC advisory opinion recommends granting relief. However, the evidence would also support a conclusion that he did not exercise reasonable diligence in ensuring his board file was ready for review by the promotion board. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016011 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016011 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2