ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 30 October 2019 DOCKET NUMBER: AR20170009144 APPLICANT REQUESTS: promotion to captain (CPT)/O-3. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * letter of support FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states she performed her duties as a first lieutenant (1LT)/O-2 in Dessert Storm. She took care of Soldiers and equipment. She became ill in the combat zone. Her peer got promoted and became a company commander because he was a male. She was sexually harassed by the first sergeant. It is not fair and she requests the Board to be compassionate. 3. The applicant provided a letter of support to obtain promotion to CPT from Lieutenant General retired AJG, dated 11 June 2017. He mentored 1LT Burch in 1987 when she was a cadet in the District of Columbia National Guard Officer Candidate School. She successfully completed the program and was commissioned a second lieutenant for the transportation corps. He was impressed by her excellent charter, determination and leadership. In 1990, she deployed with the 547th Transportation Truck Company in support of Desert Shield/Desert Storm. She advanced from platoon leader to company executive officer with responsibility for most of the administrative functions of the company, and liaison with the local civilian population. She is a strong and capable leader with a very positive attitude and would serve the Army well. He urges that a careful review be made of her records to determine if she met all the requirements for promotion to CPT. She strongly believes that she has met all of the requirements. 4. A review of the applicant’s service record shows: a. She was appointed as a Reserve second lieutenant in the Army National Guard of the U.S (ARNGUS) in the transportation corps and executed an oath of office on 10 July 1988. She was assigned to 547th Transportation Corps, Washington, DC on 10 July 1988. c. Memorandum, issued by the U.S. Total Army Personnel Command, St. Louis, MO, dated 27 February 1992 promoted her to the rank of 1LT effective 9 July 1991. d. Orders D138-9, issued by the U.S. Total Army Personnel Command, St. Louis, MO, dated 24 July 1995, shows she was released from duty because of a physical disability incurred as a result of injury and placed on the temporary disability retired list. She was placed on the retired list on 15 August 1995. The orders show her rank as 1LT. 5. A review of the applicant's Army Military Human Resource Record failed to reveal any documentation that shows she was promoted to the rank/grade of CPT during her period of active duty service. 6. By Regulation, AR 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), prescribes policy and procedures used in the selection and promotion of commissioned officers of the ARNG and commissioned and warrant officers of the U.S. Army Reserve. Table 2-1 (Service Requirements) outlines the service requirements for promotion and indicates that for promotion to CPT the minimum years of service for a unit board in the lower grade is 2 years, and for a mandatory board in the lower grade is 4 Years and 6 years of commissioned service. 7. National Guard Regulation 600-100, chapter 8, provides for promotion of officers. It states the promotion of officers in the ARNG is a function of the State, and as in original appointments, a commissioned officer promoted by State authorities has a State status in the higher grade under which to function. However, to be extended Federal recognition in the higher grade, the officer must have satisfied the promotion requirements. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows she entered the physical disability evaluation system and was subsequently placed on the TDRL. Her record is void of evidence that shows she was selected for promotion to CPT by a promotion selection board prior to her retirement. The Board agreed there is insufficient evidence to grant relief. ? 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), in effect at the time, prescribes policy and procedures used in the selection and promotion of commissioned officers of the Army National Guard (ARNG) and commissioned and warrant officers of the U.S. Army Reserve. Table 2-1 (Service Requirements) outlines the service requirements for promotion and indicates that for promotion to CPT the minimum years of service for a unit board in the lower grade is 2 years, and for a mandatory board in the lower grade is 4 Years and 6 years of commissioned service. 3. National Guard Regulation 600-100, in effect at the time, chapter 8, provides for promotion of officers. It states the promotion of officers in the ARNG is a function of the State, and as in original appointments, a commissioned officer promoted by State authorities has a State status in the higher grade under which to function. However, to be extended Federal recognition in the higher grade, the officer must have satisfied the promotion requirements. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170009144 3 1