IN THE CASE OF: 

		BOARD DATE: 14 June 2023

		DOCKET NUMBER: AR20220011499


APPLICANT REQUESTS:  in effect, consideration for promotion to colonel (COL)/O-6 
by a Special Selection Board (SSB).

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149, Application for Correction of Military Record
*	Request to Award Constructive Credit for Lieutenant Colonel (LTC)/O-4 
Centralized Selection (CSL) Constructive Credit
*	Email, Request for Board File
*	4-Officer Record Briefs (ORB)

FACTS:

1.  The applicant states, in effect, due to a material error in his promotion board file 
during the Fiscal Year 2022 (FY22) Active Component (AC), Colonel (COL), Operations 
(OPS), Operations Support (OS), Force Sustainment (FS), Information Dominance (ID), 
Promotion Selection Board (PSB) from 6 October 2021 to 22 October 2021. The 
specific item missing from his board file was the Centralized Selection List (CSL) marker 
on his ORB. The CSL marker is a critical element to COL/O-6 selection. 

	a.  He contends that he was told that he could not have his file reconsidered by an 
SSB because the memorandum that proved the CSL marker was missing from his 
ORB, and later fixed, was dated after the promotion board convened. However, the 
"material error" is not the memorandum. The memorandum was only submitted as 
evidence of an error. The error is that the CSL marker was missing from his file during 
the board selection process; therefore, not considered.

	b.  He has tried in good faith, before and after the board to fix this issue. He asks 
that his records be considered by an SSB.

2.  At the time of his request, the applicant was a commissioned officer serving in the 
Regular Army.

3.  A review of his record's shows he is currently serving in the rank and pay grade of 
LTC)/O-4. His date of rank to LTC was 1 October 2016.

4.  A review of the applicant's official records shows he received three Field Grade Plate 
(O4-O5; CW3-CW5) Officer Evaluation Reports covering the period 17 May 2018 
through 18 May 2021, which show the applicant served as the Commander, U.S. Army 
Korean Service Corps Battalion, Camp Humphreys, Korea. These OERs were filed in 
the applicant's Army Management Human Resource Record (AMHRR) prior to the 
board convene date.

5.  MILPER Message Number 21-186, announced the FY22 AC, COL, OPS, OS, FS, 
and ID, PSB Zones of Consideration. This message stated that the selection boards 
would convene on or about 6 October 2021 to consider eligible LTCs on the Active Duty 
List for promotion to COL. The board would recess on or about 22 October 2021. This 
message further states:

	a.  The board would utilize the My Board File (MBF) application. MBF is secure, 
web-based application with Army Knowledge Online and Defense Manpower Data 
Center sign on and authentication to allow officers in the zones of consideration one 
location to review and certify their entire board file. It is comprised of files from the 
Performance folder of the AMHRR and the ORB; therefore, if there is an error or 
missing document in the MBF, the officer must first correct those items in his/her 
AMHRR, and eMILPO/TOPMIS, as applicable, in order for the MBF to be updated.

	b.  Correspondence had to arrive no later than 10 days prior to the board convene 
date or not later than 26 September 2021, in order to be considered by the board. 
Correspondence arriving after this date would not be seen or considered by the board.

6.  The applicant provides:

	a.  An U.S. Army Human Resources Command (AHRC) memorandum, 2 February 
2022, wherein the President, Centralized Selection List Review Board, stated the 
Commanding General, AHRC had approved, as an exception to policy, the award of 
constructive credit to the applicant for his tour as Commander, Korean Service Corps 
Battalion.

	b.  An email, 22 June 2022, wherein the Army Promotions Office, notified the 
applicant that the FY22 COL Board convened on 6 October 2021 and only documents 
dated prior to that would be allowed in an officer's board file. The memorandum 
awarding him constructive credit was dated 2 February 2022. The Secretary of the Army 
would not allow documents to be added to a board file that were dated after the 
convene date of the board unless directed to do so by the Army Board for Corrections of 
Military Records (ABCMR).
	c.  An ORB, 16 August 2021, which does not contain a CSL marker in Section X-
Remarks. An ORB, 8 February 2022, which contains the entry "PRV DSG HQDA LTC 
CSL-OPS 2022" in Section X.

7.  Regulatory guidance states that an officer will not be considered or reconsidered for 
promotion by an SSB when - the Promotion Selection Board did not consider 
correspondence to the board president that was delivered to the Commanding General, 
HRC, after the cutoff date for such correspondence established in the respective 
promotion board zone of consideration MILPER message.

8.  Title 10, USC, Section 1552, Correction of Military Records: Claims Incident Thereto, 
states the Secretary of a military department may correct any military record of the 
Secretary’s department when the Secretary considers it necessary to correct an error or 
remove an injustice.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The Board carefully 
considered the applicant's record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulation. The governing regulation provides that an officer will not be considered or 
reconsidered for promotion by an SSB when - the Promotion Selection Board did not 
consider correspondence to the board president that was delivered to the Commanding 
General, HRC, after the cutoff date for such correspondence established in the 
respective promotion board zone of consideration MILPER message. Upon review of 
the applicant’s petition and available military records, the Board noted the applicant’s 
memorandum awarding him constructive credit was dated 2 February 2022 and the 
correspondence had to arrive no later than 10 days prior to the board convene date or 
not later than 26 September 2021. The Board determined there was insufficient 
evidence of an error or injustice to grant 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.  Title 10, USC, Section 619 (d)(Certain Officers Not To Be considered)(1) states a 
selection board convened under section 611(a) of this title may not consider for 
promotion to the next higher grade an officer whose name is on a promotion list for that 
grade as a result of his selection for promotion to that grade by an earlier selection 
board convened under that section.

2.  Department of the Army Pamphlet 600-3, Officer Talent Management (previously 
titled the Officer Professional Development and Career Management to Officer Talent 
Management) states the Centralized Selection List (CSL) is a list of command or key 
billet positions by type category to be filled by officers selected under the Centralized 
Command or Key Billet Selection System. 

	a.  The Command Assessment Program (CAP) enables the Army to assess and 
identify the best-qualified candidates for service in key billet positions by incorporating 
talent assessments to assist selection decisions. CSL command fall under four 
categories:  Operations, Strategic Support, Recruiting and Training, and Installation.

	b.  Centralized selection. Centralized selection is a three-phase process designed to 
select a limited number of officers for command and key billets and inform career-
pathing for participants. The lieutenant colonel CSL command and key billets contain 
both TOE and TDA positions. The command board meets annually to select 
commanders from the eligible cohort year groups. Command opportunities vary based 
on force structure and the command categories for which an officer competes. 
Generally, lieutenant colonels serve in their command tours during their 18th through 
20th years of service. 

		(1)  Phase I of the CSL process consists of the command board that selects 
officers for an invitation to the CAP. The command board also assigns an input score 
based on the officer’s record of performance and potential as reflected in their board 
file. 

		(2)  Phase II consists of the CAP that incorporates predictive assessments to 
assess and identify officers with the requisite talents for service in command and key 
billets. The results from these first two phases inform the order of merit list for 

		(3)  Phase III, slating, conducted by the Officer Personnel Management Division. 
HRC coordinates the slating process with major Army Commands, with the Chief of 
Staff Army reviewing and approving the slate. Officers that are not selected for a 
command or key billet, or are found not yet ready for command, should seek 
assignments that draw upon their unique Knowledge, Skills, and Behaviors that may 
provide them with an opportunity to participate in a subsequent iteration of CAP. The 
predictive assessments conducted at CAP generate additional talent data for the Army, 
guiding assignment decisions and creating talent pools for key positions based on Army 
requirements. CAP assessments also generate greater self-awareness for participating 
officers and supported by coaching, inform future assignment preferences and talent 
development decisions.

3.  Title 10, USC, Section 628, Special Selection Boards, persons not considered by 
promotion boards due to administrative error. 

	a.  If the Secretary of the military department concerned determines that because of 
administrative error a person who should have been considered for selection for 
promotion from in or above the promotion zone by a promotion board was not so 
considered, the Secretary shall convene an SSB under this subsection to determine 
whether that person (whether or not then on active duty) should be recommended for 
promotion.

	b.  An SSB convened under paragraph (3a) shall consider the record of the person 
whose name was referred to it for consideration as that record would have appeared to 
the board that should have considered him. That record shall be compared with a 
sampling of the records of those officers of the same competitive category who were 
recommended for promotion, and those officers who were not recommended for 
promotion, by the board that should have considered him.

4.  Army Regulation 600-8-29, Officer Promotions, prescribes the officer promotion 
function of the military personnel system. It provides principles of support, standards of 
service, policies, tasks, rules, and steps governing all work required in the field to 
support officer promotions. To be considered for promotion by a selection board, an 
officer must be on the active duty list (ADL) on the day the board convenes.

	a.  An SSB may be convened under Title 10, USC, Section 628 to consider or 
reconsider commissioned or warrant officers for promotion when Headquarters 
Department of the Army discovers one or more of the following:

		(1)  Administrative error (SSB required). An officer was not considered from in or 
above the promotion zone by a regularly scheduled board because of administrative 
error. This would include officers who missed a regularly scheduled board while on the 
TDRL and who have since been placed on the ADL.

		(2)  Material unfairness (HRC discretionary). 

		(a)  The action of the promotion board that considered the officer from in or 
above the promotion zone was contrary to law in a matter material to the division of the 
board or involved material error of fact or material administrative error.
	(b)  The board that considered the officer from in or above the promotion zone did 
not have before it for its consideration material information.

	c.  An officer will not be considered or reconsidered for promotion by an SSB when 
the Promotion Selection Board did not consider correspondence to the board president 
that was delivered to the Commanding General, HRC, after the cutoff date for such 
correspondence established in the respective promotion board zone of consideration 
MILPER message. 

	d.  Officers who discover that material error existed in their file at the time they were 
non-selected for promotion may request reconsideration.

5.  Title 10, USC, Section 1552, Correction of Military Records: Claims Incident Thereto, 
states the Secretary of a military department may correct any military record of the 
Secretary’s department when the Secretary considers it necessary to correct an error or 
remove an injustice.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220011499


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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