IN THE CASE OF: BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150017023 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150017023 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. submitting his records for consideration by a special selection board for promotion to captain (CPT) under the Fiscal Year 2012 First Lieutenant (1LT)-CPT Army Promotion List Department of the Army Mandatory Selection Board criteria; b. if selected for promotion by the special selection board, showing he met all the eligibility criteria for promotion effective the approved date of the promotion selection board, promoting him to CPT with the appropriate date of rank, and paying him any associated back pay and allowances; and c. if not selected for promotion, notifying him accordingly. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to reinstating him as a 1LT or promoting him to CPT. _____________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: 2 May 2017 DOCKET NUMBER: AR20150017023 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 reinstatement in the Army National Guard (ARNG) as an aviation first lieutenant (1LT) or captain (CPT) effective 2011. He also requests promotion consideration to CPT by a special selection board (SSB). 2. The applicant states he was selected to attend his second Federal Recognition Board for promotion to CPT in 2011. He was finishing his civilian education requirements. He was informed of the board on 3 October 2011 for a 1 November 2011 board date. He finished his civilian education on 31 October 2011. This information was not forwarded to the board, so it forced him to be twice non-selected. His chain of command informed him that he would have to revert to warrant officer if he wanted to stay in the Army National Guard (ARNG). His civilian education records were not sent to the Federal Recognition Board and he was not given the opportunity for an SSB to resolve this error. 3. The applicant provides: * email * notifications of promotion status, dated 3 March 2011 and 1 March 2012 * Department of the Army Board Promotion Packet/Promotion Consideration File * unofficial transcript/grades * official transcript * DA Form 67-9 (Officer Evaluation Report) * service personnel records * Military Personnel Message Number 11-265 * ARNG Document Status Detail Report by State * letter from the Joint Forces Alabama National Guard Office of the Inspector General, dated 6 January 2015 CONSIDERATION OF EVIDENCE: 1. Having prior enlisted service in the ARNG, the applicant was discharged on 15 April 2005 for appointment as a commissioned officer or warrant officer. He was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant effective16 April 2005. He was promoted to 1LT effective 16 April 2007. 2. He was appointed as a 1LT in the ARNG effective 12 October 2010. 3. On 3 March 2011, he received notification by memorandum from the Joint Forces Alabama National Guard that he was non-selected for promotion to CPT by the Fiscal Year 2011 1LT-CPT Army Promotion List Department of the Army Mandatory Selection Board due to non-completion of the required civilian education. 4. His official transcript of academic record shows he was conferred a Bachelor of Science degree by the Embry-Riddle Aeronautical University on 31 October 2011. 5. On 1 March 2012, he received notification by memorandum from the Joint Forces Alabama National Guard that he was non-selected a second time for promotion to CPT by the Fiscal Year 2012 1LT-CPT Army Promotion List Department of the Army Mandatory Selection Board due to non-completion of the required civilian education. 6. He was separated from the Alabama ARNG effective 19 December 2012 by reason of transfer of a commissioned officer. 7. National Guard Bureau (NGB) Special Orders Number 142 AR, dated 7 June 2013, reappointed him in the Alabama ARNG from 1LT to warrant officer one effective 20 December 2012 and extended Federal recognition. 8. He was promoted to chief warrant officer two in the Alabama ARNG effective 20 December 2014. 9. In the processing of this case, an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, NGB, dated 11 October 2016. NGB recommends partial approval of the applicant's request. The opinion stated: a. On 26 August 2011, the applicant, then a 1LT, was notified of his consideration for the Fiscal Year 2012 1LT-CPT Army Promotion List Department of the Army Mandatory Selection Board. He was assigned a suspense date of 3 October 2011 to review and update his board consideration file online. Additionally, Military Personnel Message Number 11-265 notified all eligible 1LTs within the consideration zone of their suspense date of no later than 17 October 2011 to update their official military personnel files prior to 1 November 2011, the convening date of the board. b. The applicant received his first non-selection of promotion for the Fiscal Year 2012 1LT-CPT Army Promotion List Department of the Army Mandatory Selection Board due to his civilian education, and the same determining factor was the reason for his second non-selection of promotion in accordance with paragraph 5 of Military Personnel Message Number 11-265 issued on 31 August 2011 which states, "Officers not educationally qualified will not be selected for promotion." According to the Alabama ARNG Document Status Detail Report, dated 3 November 2012, the applicant also did not have a Department of the Army photograph, DA Form 2-1 (Personnel Qualification Record – Part II), or Officer Record Brief in his board consideration file. To note, he did complete his civilian education on 31 October 2011, but his board consideration file did not have an official transcript on record. c. NGB recommends partial approval by allowing the applicant to be considered by an SSB in accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers), chapter 3, section 3. d. The advisory opinion was coordinated with the NGB Federal Recognition Branch. e. The Alabama ARNG concurs with this recommendation. 10. A copy of the advisory opinion was forwarded to the applicant for comment and/or rebuttal. On 27 October 2016, he responded and requested consideration for promotion by an SSB. REFERENCES: Army Regulation 135-155 provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States and the U.S. Army Reserve and warrant officers of the U.S. Army Reserve. This regulation also covers promotion eligibility and qualification requirements, board schedules and procedures, and procedures for processing selection board recommendations. SSBs will be convened to reconsider officers who were either improperly omitted from consideration due to administrative error or who were non-selected for mandatory promotion as a result of material error. Officer and warrant officers who have either failed of selection for promotion or who were erroneously not considered for promotion through administration error may be reconsidered for promotion by either a promotion advisory board or an SSB, as appropriate. DISCUSSION: 1. The applicant's request for promotion consideration to CPT by an SSB appears to have merit. The evidence confirms he completed his civilian education requirements on 31 October 2011, but his board consideration file did not have an official transcript on record when the board convened on 1 November 2011. 2. Since there is evidence of material error in his case, and per the advisory opinion recommendation, he is eligible for consideration for promotion to CPT by an SSB. 3. The evidence does not support his request for reinstatement in the ARNG as an aviation 1LT or CPT effective 2011 prior to selection for promotion to CPT by an SSB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017023 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017023 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2