IN THE CASE OF: BOARD DATE: 14 February 2022 DOCKET NUMBER: AR20210006985 APPLICANT REQUESTS: the following: * in effect, consideration by a special selection Board (SSB) for promotion to captain (CPT) in the Army National Guard * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email correspondence * DA Form 1059 (Service School Academic Evaluation Report) FACTS: 1. The applicant states her DA Form 1059 was missing/not included in her CPT promotion board packet as she was enrolled and scheduled to complete her Army Medical Department (AMEDD) Basic Officer Leader Course (BOLC) on 15 July 2020. She was originally enrolled into two other BOLCs, one for January of 2020 and the other for March of 2020. The first enrollment was canceled due to the course becoming a pilot course and the other course was cancelled due to COVID-19. She believes her records to be in error or unjust due to her nonselection for promotion to CPT due to missing military education. 2. The applicant provides her: * email correspondence, dated 29 January 2020, wherein she was advised her application for the 6-8-C20B (BOLC) had been disapproved; this class was non conducted due to upcoming pilot course; please select another class * DA Form 1059, dated 15 September 2020 3. Review of the applicant’s service records show: a. Having prior North Carolina Army National Guard (ARNG) enlisted service, she was appointed in the Virgin Island ARNG (VIARNG), Medical Services, as first lieutenant, on 19 May 2015. She held primary specialty 73A (Social Worker). b. In a Notification of Promotion Status memorandum, dated 8 August 2019, she was notified of her nonselection for promotion to CPT by the Fiscal Year 2019, ARNG, AMEDD Promotion Selection Board, which convened on 19 April and recessed on 29 April 2019. The memorandum did not specify the reason for her non-selection since promotion boards do not disclose the reason for selection or non-selection of an officer. c. She entered on active duty training (ADT) on 13 July 2020. d. Her DA Form 1059, dated 15 September 2020, shows she completed the AMEDD BOLC, on 4 September 2020. e. She was honorably released from ADT on 19 September 2020 and was transferred to the VIARNG. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 2 months and 7 days of net active service and she completed the BOLC. f. Orders Number 0000995197.00, published by the VIARNG on 16 February 2021 announced her honorably separation and transfer to the U. S. Army Reserve (USAR) Control Group (Individual Ready Reserve), effective 30 April 2021. g. Special Orders Number 239, published by the National Guard Bureau on 23 May 2021, announced withdrawal of her federal recognition and transfer to the USAR, effective 30 April 2021. h. She is currently serving in a Reserve active status. 4. By regulation Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers), promotion consideration/ reconsideration by an SSB may only be based on erroneous non-consideration or material error, which existed in the record at the time of consideration. The Chief, DA Promotions, is the approval authority for all current criteria requests for exception to non-statutory promotion requirements (i.e., military education), and that requests must contain complete justification and be received prior to the board convening date. 5. AR 15-185 (ABCMR), applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. BOARD DISCUSSION: 1. The applicant's request for a personal appearance was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance before the Board is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application, all supporting documents, advisory opinion and the evidence found within the military record, the Board determined that relief was not warranted. The Board carefully considered applicant’s contentions, military record, advisory opinion and regulatory guidance. Documentation available for review is void evidence that the applicant completed the educational requirements for promotion, specifically, the Basic Officer Leadership Course. Although the Board recognized that that one specific course offering had been cancelled due to COVID, there were additional course offerings for which enrollment was an option and the applicant was advised of such. Based on the preponderance of evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for 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. Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers), prescribes the policies and procedures for the promotion of U. S. Army Reserve an Army National Guard officers. The regulation states in: a. Table 2-1 – Promotion from first lieutenant (1LT) to captain (CPT) requires completion of the 2 years minimum and 5 years maximum in the lower grade. b. Paragraph 2-2 – To qualify for selection, commissioned officers (other than commissioned warrant officers) must complete the military educational requirements in Table 2-2 not later than the day before the selection board convene date. c. Table 2-2 – The military educational requirements from 1LT to CPT is a resident officer basic course. Army Medical Department (AMEDD) officers, regardless of grade in which appointed, other than Specialized Training Assistance Program participants and certain Medical Specialist Corps officers, appointed on and after 1 June 1986 are required to complete the AMEDD resident Reserve Component basic course within 3 years after appointment. d. Paragraph 3-19d(3) – Records of officers or former officers will be referred for special selection board action when the Office of Promotions (RC) determines an officer was eligible for promotion consideration; however, the officer’s records were, through error, not submitted to a mandatory promotion selection board; a review of a mandatory selection board finds that an officer’s records contained a material error; and/or the ABCMR requests such a referral. 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006985 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1