IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20160000145 BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20160000145 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Having the applicant’s records considered by a special selection board (SSB) for promotion to colonel (COL) under the criteria of the Fiscal Year 2014 Reserve Component COL Army Promotion List, Non-Active Guard/Reserve, Promotion Selection Board. b. If selected for promotion by the SSB, further correct her records by voiding the orders placing her in the Retired Reserve in the rank of LTC, showing she met all the eligibility criteria for promotion selection effective the approved date of the promotion selection board/Senate confirmation, promoting her to the Reserve rank of COL with the appropriate date of rank, paying her any back pay and allowances due as a result of this correction, and reinstating her in the U. S. Army Reserve. c. If not selected for promotion, notifying her accordingly. ___________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: 3 May 2016 DOCKET NUMBER: AR20160000145 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 for promotion to colonel (COL) by a special selection board (SSB) under the criteria for the Fiscal Year 2014 (FY14) Reserve Component (RC) COL Army Promotion List (APL), Non-Active Guard/Reserve (AGR), Promotion Selection Board. 2. The applicant states: a. She should be reconsidered for promotion to COL due to documentation missing from her record through no fault of her own. Her Officer Evaluation Report (OER) for the rated period 31 March 2011 (i.e., 1 April 2011) through 19 October 2013 and DA Form 2-1 (Personnel Qualification Record), dated 12 June 2013, were not listed on the redacted list of board documents. b. On 13 September 2014, upon receipt of notification, she went through her records in preparation for her My Board File (MBF). She noticed that her DA Form 2-1 was no longer in her documents, yet an Officer Record Brief (ORB) from 2000 was still present. She reviewed the DA Form 2-1 constructed during her 2010 to 2011 deployment for accuracy and made sure dependent/personal information was removed. c. On 1 November 2013, she watched as Ms. KG, Unit Administrator (UA), 81st Regional Support Command (RSC), scanned/uploaded the DA Form 2-1 during a battle assembly. However, when she went in on 22 November 2013, the document was not yet showing in her records. She and Ms. KG discussed why the DA Form 2-1 was not loaded and why [current] ORBs were still unavailable to troop program units (TPU). Ms. KG finally said they should give it another week because of the holiday. On 12 December 2013, when she went to the RSC to check her interactive Personnel Electronic Records Management System (iPERMS) and to check on her OER, she watched as Ms. KG scanned/uploaded her DA Form 2-1 a second time. d. She had inquired about the status of her evaluation on several occasions with her rater and reminded him that the OER needed to be completed prior to the Military Personnel (MILPER) Message suspense date of no later than 20 December 2013 and that the MBF closed on 3 January 2014. She made sure that her rater had her support form and the letter of input from her time in the Warrior Transition Unit (WTU). On 22 November 2013, her rater assured her that her OER was near completion. He asked her to come by the RSC on 12 December 2013 and she was surprised that it was not to sign the OER but to let her know it had been sent to her senior rater. e. On 20 December 2013, she met with her rater to inquire on the status of her OER; it turned out that her senior rater went on leave without completing his portion of the OER. Her rater told her not to worry that he would take care of it. She subsequently submitted the documents she knew to be missing (an award from 2006, DA Form 2-1, and a Combat Action Badge from 2010) via email with a letter to the promotion board explaining her time in the WTU. After Christmas, she checked her MBF and everything was there except the DA Form 2-1 and OER. f. On 27 December 2013, she received an email receipt acknowledging that there was a change to her MBF. On 30 December 2013, her rater called her to go in and sign her OER. It was submitted and the Regional Level Application Software (RLAS) was updated. Her rater assured her the OER would make it to the promotion board. She viewed her MBF one last time and certified it. A few days later, she checked her iPERMS and saw the OER had been posted on 6 January 2014 but her DA Form 2-1 was still absent. g. She called her rater and told him that the OER posted; he said he had already made a call to the U.S. Army Human Resources Command (HRC) and it should be fine. When the FY14 promotion board results were posted and she was not selected for promotion, she was reminded that she would have another opportunity to work toward that end. h. She asked a number of COLs and general officers (GOs) to review her entire record and all were surprised when she was not selected for promotion by the FY15 promotion board. The Army Reserve Association (ARA) Director was so surprised he submitted a request for information (RFI) and requested her MBF. 3. The applicant provides: * an ORB, dated 15 January 2001 * DA Form 2-1, dated 12 June 2013 * memorandum, dated 25 June 2013 * 12 pages of email, dated between 11 July and 30 December 2013 * DA Form 67-9 (OER), dated 30 December 2013 * three pages listing documents in her MBF, viewed and certified on 30 December 2013 * three statements of support, dated between 19 and 29 October 2015 CONSIDERATION OF EVIDENCE: 1. The applicant was born on 15 October 1963. On 21 July 1987, she was appointed as a second lieutenant in the U.S. Army Reserve (USAR), Adjutant General (AG) Corps. On 1 November 2001, she was promoted as a Reserve officer to the rank of major (MAJ). 2. On 16 December 2008, she was promoted as a Reserve officer to the rank of lieutenant colonel (LTC). On 30 November 2009, she was assigned to the USAR, 7th Battalion, 108th Regiment, Fort Jackson, SC. On 25 June 2010, she was assigned to the USAR, 103rd Expeditionary Sustainment Command (ESC), Des Moines, IA. 3. She was ordered to active duty as a member of her USAR unit and entered active duty on 2 July 2010. She served in Iraq with her assigned unit from 9 July 2010 to 8 April 2011. Upon her redeployment, she was attached to the WTU, Fort Jackson, SC. 4. From 28 February to 2 August 2012, she served as the Total Force Integrator (TFI), at the AG School, Fort Jackson. On 29 August 2012, she was honorably released from active duty to the control of her USAR unit. 5. On 20 October 2012, she was assigned to the Augmentation Detachment, 81st RSC, Fort Jackson. On 9 January 2013, she was assigned to Headquarters and Headquarters Company (HHC), 81st RSC, Fort Jackson. 6. The applicant provides: a. A memorandum, dated 25 June 2013, subject: Memorandum of Evaluation Input [Applicant], wherein LTC AJP, stated, in part, the applicant’s duty title for the rating period 28 February to 2 August 2012 was TFI, and she served as the subject matter expert (SME) to the AG School on issues and activities affecting the RC AG/Human Resource (HR) community. She performed superbly in both the AG School’s instructional and analytical missions. She aggressively assumed her role as both the senior Reserve mentor/liaison for 2100 RC Soldiers. She was an exceptional HR professional who sought new challenges, possessed great vision, and exuded potential for future positions of greater responsibility. b. An email dated 22 November 2013, wherein MAJ WC, Army Reserve Career Division, stated that her 2012 and 2013 evaluations were not in her record. c. An email dated 27 December 2013, wherein she replied to MAJ WC that there was no 2012 evaluation as she was in the WTU and the non-rated code was H for healing. Her 2013 evaluation was not completed by the Chief of Staff (COS) before he retired. They had three directorate chiefs and the COS all retire on 2 November 2013 and the evaluations piled up. d. An email dated 30 December 2013, wherein she further replied to MAJ WC that per regulations the WTU did not issue evaluations unless the person was assigned in a dual status as a healing Soldier and cadre. She was attached [to the WTU] and the 103rd ESC was not obligated to do an evaluation. 7. The applicant provides, and her record contains, an extended annual OER covering 12 months of rated time for the rated period 1 April 2011 through 19 October 2013, for her duties as the Senior HR Officer, Headquarters, 81st RSC. Her rater was Mr. VLH, Director, HR, 81st RSC, and her senior rater was Mr. PTQ, COS, 81st RSC. The rater signed the OER on 12 December 2013; her senior rater and the applicant signed the OER on 30 December 2013. This OER was added to her records on 6 January 2013. 8. On 14 April 2014, she was notified by HRC that she had not been selected for promotion to COL by the FY14 RC COL APL, Non-AGR, PSB. 9. On 6 July 2015, she was notified by HRC that she was again non-selected for promotion to COL by the FY15 RC COL APL, Non-AGR, PSB. 10. Orders 15-276-00048, dated 3 October 2015, issued by the USAR, reassigned her to the Retired Reserve effective 1 December 2015, by reason of maximum authorized years of service. 11. The applicant provides statements of support, dated: a. 19 October 2015, wherein COL WFB stated he supported the applicant’s request to have her files appear before an SSB for promotion consideration to COL. Her records appeared before the FY14 board and it was determined there were material errors that existed at the time of her selection. b. 28 October 2015, wherein Ms. KG stated the applicant requested documents be added to her iPERMS file for inclusion in her promotion board file. In November 2013, she uploaded several documents to include the DA Form 2-1 and they had a discussion confirming her DA Form 2-1 was added to iPERMS. However, the applicant later informed her that the form was no longer showing in her records and she then made a second attempt to upload the DA Form 2-1. c. 29 October 2015, wherein MAJ DF stated, in part: (1) During January 2013 through August 2015, she served as the Senior HR Officer, 81st RSC and observed the applicant on a weekly basis. She was knowledgeable of the applicant’s working relationship with her rating chain and their expectations. The applicant was the Senior HR Officer, acting on behalf of the Director, HR, and she reported directly to the Director; in his absence, she reported to the COS. (2) Following receipt of the notification of the FY2014 COL PSB, the applicant acted with due diligence to ensure all pertinent documentation necessary for the board was submitted in a timely manner. The UA submitted the applicant’s DA Form 2-1 on two separate occasions for inclusion in her board file and it was also emailed. (3) The applicant identified that a current OER was not available. Due to circumstances beyond her control, the OER covered the period 1 April 2011 through 19 October 2013 and was not completed or submitted prior to the board suspense date. The rater did not complete his portion until 12 December 2013 and the senior rater did not complete and sign his portion until 30 December 2013. Her rater was unable to reach HRC to see if he could request an exception to policy. On 27 December 2013, the applicant validated the board file acknowledging the missing document. On 30 December 2013, a final board validation was made following the submission of the late OER. 12. In the processing of this case, an advisory opinion was received from the Chief, Officer Promotions, HRC, on 10 February 2016. The advisory official recommended approval of the applicant’s request and stated: a. Based on a review of their records and the information provided, they found the applicant’s request for reconsideration for promotion to COL by an SSB under the FY14 criteria did have merit. He confirmed her OER for the rating period 1 April 2011 through 19 October 2013 was not in her MBF and was not reviewed by the PSB. However, her current “non-military” (former officer) status precluded their office from processing her request without an ABCMR directive. b. If recommended for promotion by an SSB, further direct correction of her records by voiding her retirement and promote to COL, once she has met all eligibility criteria in accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) unless otherwise proven ineligible. 13. In a response to the advisory opinion, dated 2 March 2016, the applicant stated she requests the ABCMR adopt the advisory opinion recommendation in whole. REFERENCES: 1. Army Regulation 135-155 prescribes policy and procedures used in the selection and promotion of commissioned officers of the ARNG and commissioned and warrant officers of the USAR. 2. Army Regulation 135-155 states 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. DISCUSSION: 1. The evidence of record shows that due to no fault of her own, the applicant did not receive an OER in 2012 and the OER she received in 2013 for the rated period 1 April 2011 through 19 October 2013 was not completed until 30 December 2013. This OER was added to her records on 6 January 2014. While she sent the OER to the FY14 COL PSB, the advisory official confirmed this OER was not in her MBF, was not viewed/considered by the FY14 COL PSB, and her request for consideration by an SSB did have merit. 2. The available evidence shows she exercised due diligence and made an effort to correct her MBF prior to the board convening date; however, she was not able to do so. As a matter of equity, she should be given the opportunity to have her file evaluated by an SSB and considered for promotion to COL under the FY14 COL PSB criteria. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000145 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000145 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2