ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 30 October 2019 
DOCKET NUMBER: AR20170018146

APPLICANT REQUESTS: reconsideration of his prior request for voidance of his 
honorable discharge from the U.S. Army Reserve (USAR) and reinstatement.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	Self-Authored Statement
*	Email from U.S. Army Human Resources Command (HRC)
*	Board Log
*	Transaction Log
*	Orders D-06-512267 dated 25 June 2015
*	DD Form 214 (Certificate of Release or Discharge from Active Duty) 
FACTS:
1.	Incorporated herein by reference are military records which were summarized in 
the previous consideration of the applicant's case by the Army Board for Correction 
of Military Records (ABCMR) in Docket Number AR20150018602 on 23 May 2017.

2.	The applicant states he is writing to appeal the prior decision on the case he 
submitted around November, 2016 and he received notice it was denied June, 2017. 
He was informed that it was because he had not proven he was discharged due to 
lack of education. The appeal packet provides evidence through a board log, an 
email, and a transition log, that he was passed up for promotion twice due to lack of 
education.  The original packet he set included his bachelor’s degree which he had 
at the time he entered into the service. He believes there is an error in passing him 
up for promotion and is asking that the discharge be overturned and he be allowed 
to reenter the service.

3.	The applicant provides:

   a.	An email from the Major (MAJ) CEO of HRC, dated 12 June 2017, which 
states he included a board log and transaction log which showed he was a two time 
non-select and discharged because he was marked non-civilian education qualified, 
as evidenced by the NC code.

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   b.	A board log that includes the applicant’s name and aligned with the two 
captain (CPT) promotion boards for 2014 and 2015, the letters NC.

   c.	A transaction log that shows the applicant was identified by the FY15 CPT 
board as twice non-select for promotion to the next higher grade.

   d.	Orders D-06-512267, dated 25 June 2015, ordered the applicant honorably 
discharged from the USAR.

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

   a.	He enlisted in the Regular Army on 27 May 2009.

   b.	He was honorably discharged on 28 October 2009 to receive his commission 
as an officer in the Military Intelligence Corps.

   c.	He was commissioned as an officer in the Regular Army and executed an 
oath of office on 29 October 2009.

   d.	Three Officer Evaluation Reports found in his service record for the following 
periods indicated he was rated as “outstanding performance, must promote” and 
senior rated as “best qualified.”

*	From 1 November 2009 thru 29 January 2011
*	From 29 January 2011 thru 10 January 2012
*	From 11 January 2012 thru 15 June 2012

e.	He was honorably released from active duty on 19 August 2012. His
DD Form 214 shows he completed 2 years, 9 months, and 21 days of active service 
with 5 months and 2 days of prior active service.

5.	On 2 April 2019, HRC, Officer Promotions and Special Actions, rendered an 
advisory opinion in the processing of this case. He opined based on the information 
available, his records did not show that he completed a baccalaureate degree and 
there was no guarantee he would have been selected for promotion. Milper 
Message 13-200 and 14-213 outlined what actions an officer must take in order to 
request an education waiver. The applicant did not provide any documentation to 
show due diligence on his part to update his records or that he requested an 
education waiver prior to the convene date of either board.

6.	On 5 April 2019, the advisory opinion was forwarded to the applicant for 
acknowledgement and/or response.  He did not respond.

7.	By regulation, members of the USAR will be removed from an active status for 
failure to be selected for promotion after a second consideration by a Department of 
the Army Reserve Components selection board. Removal will be by discharge,

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transfer to the Retired Reserve (if eligible and requested by the member}, or transfer 
to the Control Group (Inactive} (if eligible}.

BOARD  DISCUSSION:

After reviewing the application and all supporting documents, the Board found the 
relief was not warranted. The applicant's contentions and the advisory opinion were 
carefully considered. The advisory official provided a comprehensive explanation for 
the Board to review. Based upon the preponderance of the evidence, the Board 
agreed there is insufficient evidence to amend the previous Board's decision.


BOARD VOTE:


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 to amend the decision of the ABCMR set forth in Docket 
Number AR20150018602 on 23 May 2017.




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.





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REFERENCES:

1. Army Regulation 135-175 (Separation of Officers) provides policy, criteria, and 
procedures for the separation of officers of the Army National Guard and U.S. Army 
Reserve (USAR), except for officers serving on active duty or active duty for training 
exceeding 90 days. Paragraph 4-4 provides that members of the USAR will be 
removed from an active status for failure to be selected for promotion after a second 
consideration by a Department of the Army Reserve Components selection board. 
Removal will be by discharge, transfer to the Retired Reserve (if eligible and 
requested by the member}, or transfer to the Control Group (Inactive} (if eligible}.

//NOTHING FOLLOWS//









































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