ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 June 2019

	DOCKET NUMBER:  AR20170000510


APPLICANT REQUESTS:  to have his Official Military Personnel File (OMPF) reviewed to be reconsidered for promotion to lieutenant colonel (LTC).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Orders 16-166-00006 (Format 450, Transfers Among Reserve Components)
* DA Form 1059 (Service School Academic Evaluation Report)

FACTS:

1.  The applicant states that he was advised that an education waiver would be the proper channel to pursue for reconsideration of his promotion to LTC.  He feels that if DA Form 1059, which shows his successful completion of U.S. Army Command and General Staff Officer Course (CGSC), had been in his records at the time of the LTC promotion board, he would have been selected for promotion.  If it were not for initial administrative errors, levels of “red tape” that affected communications with the school house, and course participation times, he would have completed the intermediate level education (ILE) course and the DA Form 1059 would have been posted in his OMPF prior to the promotion board convening.  

2.  The applicant provides:

	a.  Orders 16-166-00006, dated 14 June 2016, reflecting his transfer to the Retired Reserve effective on 15 July 2016.  

	b.  DA Form 1059 (Service School Academic Evaluation Report) which reflects the duration of CGSC from 8 April 2014 to 14 March 2016.

3.  A review of the applicant’s service record shows:  

	a.  He was appointed as Reserve commissioned officer of the Army National Guard (ARNG) and executed an oath of office on 25 August 1991.  He was promoted to captain on 25 September 2002.
	b.  He was honorably discharged from the ARNG on 30 April 2004.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).

	c.  On 3 February 2005, he was transferred to a troop program unit of the USAR.

	d.  He entered active duty on 7 October 2006 and subsequently served in Afghanistan from 27 March 2007 to 21 March 2008.  He was honorably released from active duty around May 2008 (DD Form 214 unclear). 

	e.  He was promoted to Major on 26 June 2009.

	f.  He was considered - but not recommended for promotion by the Fiscal Year (FY) 2015 LTC Army Promotion List (APL) Selection Board.

	g.  He was also considered but not recommended for promotion to LTC a second time by the FY 2016 LTC APL Selection Board. 

	h.  His DA Form 1059 (Service School Academic Evaluation Report), dated 16 March 2016, shows he completed CGSC on 14 March 2016.

	i.  On 14 June 2016, Headquarters, USAR Command, Fort Bragg, NC published Orders 16-166-00006 transferring him to the Retired Reserve effective 5 July 2016, by reason of promotion non-selection.  This information is unavailable in the applicant’s service record.  Applicant provided this information from Orders, dated 14 June 2016.  

4.  On 6 March 2019, the Army Review Boards Agency (ARBA) requested an advisory opinion from the U. S. Army Human Resources Command (HRC) requesting his application for correction of military records be reviewed and administrative action taken, if appropriate.  The U.S. Army Human Resources Command found he was not qualified due to not meeting the military education requirement nor requested an education waiver.  

5.  On 3 May 2019, the applicant responded to the advisory opinion that he spoke telephonically with HRC prior to submitting this application and was advised that an education waiver would have been futile as the promotion board had already convened and selections for promotion have be made.  The decision to permit an SSB was outside the jurisdiction of HRC.  He had no documentation of this conversation.  He understands there was not guarantee of promotion even if the DA Form 1059 had been included in his records.  

6.  By regulation, to qualify for selection, commissioned officers must complete the military educational requirements not later than the day before the selection board convene date.  Officers who have either failed for selection for promotion or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by an SSB.  Boards are convened to correct/prevent an injustice to an officer or former officer who was eligible for promotion but whose records were through error, not submitted to a mandatory promotion selection board for consideration or contained a material error.  An SSB is required when there is a material error. 

7.  By DoD policy, officers considered for promotion may request a military education waiver.  In order to be eligible for a waiver, the officer must have completed, at a minimum, phase one and two of the non-resident ILE and served 12 or more cumulative months of documented outside continental United States deployment within the 36 months preceding the convening date of their mandatory promotion board.  Request must contain complete justification and documentation of phase one and two completion and must be endorsed by the officer’s command, dated, and signed by requesting officer.  The suspense date to submit documentation for consideration by the board was 15 January 2016.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The Board concurs with the advisory opinion.  The Board agreed not to correct the record to show he was granted a waiver and allowed to have his record considered by a SSB.  There is no information showing why he could not attend school within the time required.  For that reason, the Board concluded there was insufficient evidence to show that an error or injustice was present which would warrant making a change to the applicant’s record.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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.


REFERENCES:
1.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officer Other Than General Officers), in effect at the time, prescribes policy and procedures used for selecting and promotion commissioned officer of the Army National Guard of the United States and of U.S. Army Reserve.

	a.  Paragraph 2-8 (Military Education Requirements) states to qualify for selection, commissioned officers must complete the military educational requirements not later than the day before the selection board convene date.  

	b.  Paragraph 3-19 (Promotion Reconsideration Boards – General) states officers who have either failed for selection for promotion or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by an SSB.  Boards are convened to correct/prevent an injustice to an officer or former officer who was eligible for promotion but whose records were through error, not submitted to a mandatory promotion selection board for consideration or contained a material error.  

2.  MILPER Message Number 15-265 (Fiscal Year 2016, Lieutenant Colonel, Army Promotion List, Army Reserve Active Guard Reserve, Army Reserve Non-Active Guard Reserve and Army National Guard of the United States Competitive Categories, Promotion Selection Boards), in effect at the time, prescribes criteria by which Army promotion selection boards will consider eligible officers for promotion.  Paragraph 4a states officers considered for promotion may request a military education waiver.  In order to be eligible for a waiver, the officer must have completed, at a minimum, phase one and two of the non-resident ILE and served 12 or more cumulative months of documented outside continental United States deployment within the 36 months preceding the convening date of their mandatory promotion board.  Request must contain complete justification and documentation of phase one and two completion and must be endorsed by the officer’s command, dated, and signed by requesting officer.  The suspense date to submit documentation for consideration by the board was 15 January 2016.  

ABCMR Record of Proceedings (cont)	 AR20170000510


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