ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  3 May 2019

	DOCKET NUMBER:  AR20190004345


APPLICANT REQUESTS:  in effect, consideration for promotion to major (MAJ)/O-4 by a special selection board (SSB) under the criteria of the Fiscal Year 2018 (FY18), Reserve Component (RC), Army Reserve Active Guard Reserve (AR AGR), Army Reserve Non-Active Guard Reserve (AR Non-AGR) and Army National Guard of the United States (ARNGUS), Major (MAJ), Army Promotion List (APL), Competitive Categories, Promotion Selection Boards.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

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

FACTS:

1.  The applicant states he would like to be re-considered for FY18 MAJ/O-4 promotion Board, under the provisions of military personnel message (MILPER) number 17-358.  ABCMR docket Number AR2018004707, dated 4 February 2019 removed a referred Officer Evaluation Report (OER) for the Rated period 29 June 2014 through 4 March 2015 and replaced it with a non-rated statement.  The OER in question was in his record at the time the FY18 promotion Board convened.

2.  On 4 December 2008, the applicant was appointed as a Regular Army commissioned officer.  

3.  He was promoted to captain (CPT)/O-3 on 26 July 2012.

4.  He received a referred OER for the rated period 29 June 2014 through 4 March 2015.

5.  Orders C-07609633, published by the Army Human Resources Command on 15 July 2016 reassigned him to an U.S. Army Reserve unit in PA, effective 1 November 2016.  The reason for the assignment/reassignment was "Appointment."

6.  His record contains a memorandum for appointment, dated 18 July 2016, which states, he was appointed as a Reserve Commissioned Officer of the Army.
7.  His record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing he was honorably discharged from active duty on 7 September 2016.

8.  MILPER message number 17-358 announced the FY18 MAJ/O-4 Mandatory Department of the Army Promotion Selection Board.  The message stated the Board would convene on or about 7 March 2018 to consider eligible officers.  The zones of consideration.  The applicant's date of rank to CPT (26 July 2012) fell within the promotion zone; which included dates from 1 September 2011 through 31 August 2012.

9.  The FY18 promotion selection board results, which were announced on 6 September 2018, did not list the applicant's name.

10.  ABCMR docket number AR20180004707, dated 4 February 2019, shows the ABCMR unanimously voted in favor of removing the applicant's contested OER for the period 29 June 2014 through 4 March 2015.  The Board determined/recommended that the referred OER be removed from the applicant's military record and replaced with a statement of nonrated time.  

11.  On 29 March 2019, the Army Human Resources command published a formal memorandum stating that the referred OER was removed from the applicant's record and replaced with a letter of non-rated time.  

12.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) specifies that promotion reconsideration by an SSB may be based on a material error that 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 non-selection by a promotion board and, 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:

After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief.  The applicant’s contentions and the previous ABCMR Docket was carefully considered.  An ABCMR Board granted the applicant relief by removing an OER from his record; that OER was previously reviewed by a promotion selection board.  The Board agreed his record should be considered for promotion selection by the same board without considering the contested OER.


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:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by submitting her records to a duly constituted SSB for promotion consideration to MAJ under the Fiscal Year 2018 (FY18), Reserve Component (RC), Army Reserve Active Guard Reserve (AR AGR), Army Reserve Non-Active Guard Reserve (AR Non-AGR) and Army National Guard of the United States (ARNGUS), Major (MAJ), Army Promotion List (APL), Competitive Categories; and 

     a.  if selected for promotion, his records should be corrected by showing he was promoted on his date of eligibility as determined by appropriate Departmental officials using the appropriate year criteria under which he was selected, provided he was otherwise qualified and met all other prerequisites for promotion; and

     b.  that he be so notified of his non-selection.


	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCES:

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 USAR.  This regulation specifies that promotion reconsideration by an SSB may only be based on erroneous non-consideration or a material error that 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 non-selection by a promotion board and, 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 boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military schooling.   

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190004345
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