ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 February 2020 DOCKET NUMBER: AR20170015828 APPLICANT REQUESTS: * addition of his DA Form 67-10-2 (Field Grade Plate (O4 – O6; CW3 – CW5) Officer Evaluation Report (OER)) covering the period 1 November 2014 through 31 October 2015 to his 2015 Colonel (COL), Army Promotion List (APL), board file * promotion consideration to the rank of COL/O-6 for Fiscal Year (FY) 2016 by a special selection board (SSB) or the Army Board for Correction of Military Records (ABCMR) * if promoted to COL/O-6, reinstatement to active status in the Army National Guard Active Guard Reserve (NG AGR) or in the U.S. Army Reserve (USAR) as a drilling officer APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Exhibit A – OER covering the period 1 November 2014 through 31 October 2015 * Exhibit B – U.S. Army Human Resources Command (HRC) Evaluation Reporting System (ERS) screenshot, dated 13 May 2016 * Exhibit C – Military Personnel (MILPER) Message 15-231 (FY16, COL, APL, Army Reserve AGR (AR AGR), AR Non-AGR, and Army National Guard of the United States (ARNGUS) Competitive Categories, Promotion Selection Boards (PSBs), dated 20 July 2015 * Exhibit D – Interactive Personnel Electronic Records Management System (iPERMS) screenshot, dated 13 May 2016 * Exhibit E – * Memorandum, dated 31 May 2016, subject: FY16 COL, APL, AR AGR, (ARNGUS), Engineer, PSB (SSB) – (Applicant) * Memorandum, dated 31 May 2016, subject: SSB Justification for (Applicant) * Evaluation Timeline * Exhibit F – email correspondence, dated 2-17 June 2016, subject: (Applicant) SSB for FY16 COL APL * Exhibit G – DD Form 214 (Certificate of Release or Discharge from Active Duty) * Exhibit H – National Guard Bureau (NGB) Form 23B (ARNG Retirements Points History Statement), dated 2 June 2016 REFERENCES: 1. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the ARNGUS and commissioned and warrant officers of the USAR. Paragraph 3-19 (Promotion Reconsideration Boards) states the HRC Office of Promotions (Reserve Components (RC) may find that a "material error" caused the non- selection of an officer by a promotion board. That agency must first determine there was a fair risk that one or more of the evaluation reports that should have been seen by a board (based on the announced cutoff date) were missing from an officer's Official Military Personnel File (OMPF). 2. Army Regulation 600-8-24 (Officer Transfers and Discharges) prescribes policies and procedures governing transfer and discharge of Army officer personnel. Paragraph 2-23 (Rules for Processing Involuntary Release from Active Duty Due to Maximum Service) states: a. An officer holding a permanent grade of COL, or a lieutenant colonel (LTC) recommended for promotion to COL, in an RC will be separated not later than the last day of the month in which he or she completes 30 years of commissioned service in accordance with Title 10, U.S. Code, section 14507(b). b. An RC LTC not recommended for promotion to COL will be separated not later than the last day of the month in which he or she completes 28 years of commissioned service accordance with Title 10, U.S. Code, section 14507(a). 3. MILPER Message 15-231, dated 20 July 2015, paragraph 3e, states reports which are received by HRC Evaluations Branch for processing by close of business 20 November 2015, at 1700 Eastern Standard Time will be placed in the officer's Army Military Human Resource Record (AMHRR) and then selection board files prior to selection board voting, assuming the evaluation is relatively free of errors. This suspense date is for receipt of evaluations by HRC Evaluations Branch, not for completion to AMHRR. If an evaluation is seen as working in the interactive web response system or evaluation entry system with a received by date of 20 November 2015 or earlier and the evaluation is free of errors, it will be completed in time for the selection board. Officers may validate their board files even if an inbound evaluation is due to process. FACTS: 1. The applicant states he was non-selected by the 2015 (should read FY16) COL, APL, PSB. After the board results were released, he confirmed that his OER covering the period 1 November 2014 through 31 October 2015 was not processed by HRC until 7 December 2015, after the board was closed. While he was working at the NGB, he confirmed with the OER section that his OER was submitted, error free and on time, but his OER did not make it into his board file for review. According to MILPER Message 15-231, since his OER covering the period 1 November 2014 through 31 October 2015 was submitted error free and received by HRC on 9 November 2015, prior to the published cutoff date of 20 November 2015, his OER should have been expedited by HRC and processed in time to get into his board file for review by the COL, APL, PSB. As per the guidance, he reviewed all documents submitted within the time frame permitted and validated that everything was complete in his board file. Unfortunately, current OERs submitted are not viewable by Soldiers until processed by HRC, so he could not physically guarantee that his last OER was processed until after the board was conducted. Since the MILPER message guaranteed OERs would be processed in time, he believed his board file would be complete when viewed by the board. When he realized that his OER did not make it into his file, he was advised by other Soldiers to submit a request for consideration by an SSB. When he tried to request consideration by an SSB, he was advised by the NGB board section through his State that HRC would not accept his SSB request because he would hit his mandatory removal date before the process was completed. He was advised that he would have to go through the ABCMR to have his case evaluated. 2. He provided MILPER Message 15-231, dated 20 July 2015, showing the FY16, COL, APL, AR AGR, AR Non-AGR, and ARNGUS Competitive Categories, PSB would convene on or about 1 December 2015 to consider Reserve of the APL LTCs for promotion to COL. 3. His OER covering the period 1 November 2014 through 31 October 2015 shows his senior rater digitally signed the report on 7 November 2015 and he digitally signed the report on 9 November 2015. 4. He provided an HRC ERS screenshot showing his OER covering the period 1 November 2014 through 31 October 2015 was received by HRC on 9 November 2015. 5. He provided his iPERMS screenshot showing his OER covering the period 1 November 2014 through 31 October 2015 was uploaded on 7 December 2015. 6. He provided two memorandums through the Chief, NGB, to HRC, dated 31 May 2016, requesting reconsideration for promotion under the FY16, COL, APL, ARNGUS, Engineer, PSB criteria. He states his OER was received at HRC prior to the board convening date announced in MILPER Message 15-231. He discovered that his OER was sent to HRC prior to the cutoff date was not processed by HRC and submitted into his board file by the 1 December 2015 board convening date. As such, he is requesting reconsideration for promotion under the FY16 COL, APL, ARNGUS, PSB in accordance with Army Regulation 135-155, paragraph 3-19, because one or more of his OERs that should have been seen by the board was missing from his OMPF. Based on MILPER Message 15-231, 20 November 2015 was the cutoff date for OERs to be received by HRC. His self-authored evaluation timeline shows: * OER covering the period 1 November 2014 through 31 October 2015 was completed by his rater and senior rater on 8 November 2015 (should read 7 November 2015) * OER submitted to HRC electronically on 9 November 2015 * PSB convened on 1 December 2015 * OER processed by HRC on 7 December 2015 7. His DD Form 214 shows he was released from active duty on 1 October 2008. His rank and pay grade are shown as LTC/O-5 with an effective date of pay grade of 1 May 2014. The narrative reason for separation is shown as "Maximum Service or Time in Grade." 8. His NGB Form 23B, dated 2 June 2016, shows he completed 30 years, 2 months, and 20 days of creditable service for retired pay. 9. He provided email correspondence, dated 2-17 June 2016, showing he requested promotion consideration by an SSB with responses from Nebraska ARNG, NGB, and HRC representatives informing him that his request would have to go through the ABCMR because he was retired. BOARD DISCUSSION: 1. The Board considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the completion and processing dates associated with the applicant’s OER, the dates and timelines for the FY16, COL, APL, ARNGUS, Engineer, PSB and the applicant’s retirement as a LTC due to maximum service. The Board considered the entries in personnel management systems associated with the processing of the applicant’s OER and determined that the OER was timely submitted for consideration in the applicant’s promotion board file. Based on a preponderance of evidence, the Board determined that the absence of the OER in the applicant’s promotion board file was in error. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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: - Submitting the applicant’s record, to include the OER for the period 1 November 2014 through 31 October 2015, to a Special Selection Board (SSB) for reconsideration for promotion under the FY16 COL, APL, ARNGUS, PSB, and; - If selected for promotion, reinstate the applicant to active status in the Army National Guard Active Guard Reserve (NG AGR) or in the U.S. Army Reserve (USAR) as a drilling officer. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170015828 3 1