ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:    BOARD DATE:  27 February 2020 DOCKET NUMBER:  AR20180004687 


APPLICANT REQUESTS:  reconsideration of his previous request for promotion to 
lieutenant colonel in retired status. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.letter from Non-Resident Studies

.Congressional correspondence

.authorization form



FACTS: 

1.Incorporated herein by reference are military records which were summarized in theprevious consideration of the applicant's case by the Army Board for Correction ofMilitary Records (ABCMR) in Docket Number AR1999023992 on 23 May 1999.

2.The applicant states during his final completion of the Command and General StaffCollege Officer Course (CGSOC), he accepted a civilian position which requiredextensive travel.  Upon achieving 50 percent completion of CGSOC, he mailed it to hissponsors for submission to the promotion board; however, the mail was late and he wasnot promoted.  As a mentor at the Citadel, he feels that he would make a betterimpression on his cadets as a lieutenant colonel.

3.The applicant was appointed in the Reserve as a second lieutenant effective22 July 1967.

4.He was promoted to the rank of captain effective 15 April 1975, and promoted tomajor effective 19 July 1981.

5.His promotion eligibility date (PED) for lieutenant colonel was 18 July 1988,
based on completion of 7 years’ time in the lower grade (TIG).

6.He was considered but not selected for promotion to lieutenant colonel by the
1987 and 1988 Reserve Components Selection Boards (RCSB's).
7.His record is void of evidence and the applicant does not provide any evidenceshowing he completed 50 percent of CGSOC prior to the convening dates of thepromotion boards.

8.He was transferred to the USAR Control Group (Retired) 9 January 1989.

9.On 4 August 1998, in reference to the applicant's request for promotion, the Chief,Promotion and Notification Branch, Office of Promotions, Reserve Components, TotalArmy Personnel Command, expressed the opinion the applicant did not have a basis forconsideration by a Promotion Advisory Board.  The applicant was considered by the1987 and 1988 RCSB's and not recommended because he did not meet the educationrequirements.  Information verified with the Command and General Staff Collegeindicates the applicant had not obtained 50 percent course completion and thereforewas disenrolled on 30 November 1990.  The applicant could apply through the CGSCSchool for reconsideration of completion.  If approved, he could resubmit an applicationfor reconsideration by a Special Selection Board, if the course was completed prior tothe 1987 and 1988 RCSB's convening dates.  It was recommended that the applicant'srequest be denied.

10.The opinion was referred to the applicant for his acknowledgment and rebuttal on18 September 1998.  He did not respond.

11.The applicant provides a letter from the Non-Resident Studies indicating he
satisfactorily completed 50 percent of the CGSOC on 8 August 1998.

12.The applicant also provides Congressional correspondence in which he asks
someone to look into his being passed over for promotion to lieutenant colonel.

13.Army Regulation 135-155 prescribes the policies and procedures for promotion of
Reserve officers.  This regulation specifies that promotion reconsideration by a standby
promotion advisory board may only be based on erroneous nonconsideration 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 nonselection 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.






BOARD DISCUSSION: 



1.The Board carefully considered the applicant’s request, supporting documents,evidence in the records, and regulatory requirements.  The Board noted the factspresented above.  The applicant did not meet the CGSOC 50% completion educationalrequirements when he was considered for promotion by the 1987 and 1988 RCSB's; he was not selected for promotion by either of these boards.  The applicant wastransferred to the Retired Reserves on 9 January 1989.  The applicant completed CGSOC 50% on 12 August 1998, 11 years later.  In order to be retired as a lieutenant colonel, he would have had to serve in the rank of lieutenant colonel for three years prior to retirement.  Based on a preponderance ofe evidence, the Board determined that he rank upon transfer to the USAR Control Group (Retired) on 9 January 1989 was not in error or unjust.2.After reviewing the application and all supporting documents, the Board found thatrelief is not warranted.


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XXX :XXX :XX 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. 


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. 


REFERENCES: 

Army Regulation 135-155 prescribes the policies and procedures for promotion of 
Reserve officers.  This regulation specifies that promotion reconsideration by a standby 
promotion advisory board may only be based on erroneous nonconsideration 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 nonselection 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.  The regulation also provides that: 

     a.  Boards are not required to divulge the proceedings or the reason(s) for 
nonselection, except where an individual is not qualified due to noncompletion of  
required military schooling. 
 
     b.  In order to be qualified for promotion to lieutenant colonel an individual must have 
completed 7 years of TIG as a major, 17 years of promotion service, and 50 percent of 
the CGSOC on or before the convening date of the respective promotion board; that 
upon a nonselection by a promotion board an individual's PED will be adjusted by 1 
year, accordingly; and that individuals will receive mandatory promotion 
consideration prior to their PED's so that, if selected, they may be promoted on their 
future PED. 
 
     c.  Individuals twice not selected for promotion to lieutenant colonel will be 
transferred to the Retired Reserve if they are eligible and request such transfer, or 
retained in the active Reserve when more than 18 but less than 20 qualifying years of 
service have been completed, or discharged. 
 
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