IN THE CASE OF: BOARD DATE: 24 January 2023 DOCKET NUMBER: AR20220004327 APPLICANT REQUESTS: reconsideration of his previous request for promotion to lieutenant colonel (LTC)/O-5 in a retired status. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * SF 180 (Request Pertaining to Military Records) * CGSC Form 128 (U.S. Army Command and General Staff College (CGSC)), 28 November 1986 * Email communication * ATSC Form 157 (Correspondence Course Certificate) * CGSC Form 128 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 on 27 February 2020 and Docket Number on 13 May 1999. 2. The applicant states in pertinent part that after completing 50 percent of CGSC his records were not submitted to the promotion board for consideration. He was further advised that the last sub-course was not available. He contests that he submitted the required documentation within the timeframe, however they were not received by his sponsors in St. Louis, MO due to a delay within the postal system. His documentation was finally received but was not presented in August 1989. He adds that he submitted a request through Fort Leavenworth and in response he received a letter which contained a completion date (10 years later). He notes that he is currently very active while serving as a mentor to new cadets enrolled at the. 3. A review of the applicant's available service records reflects the following: a. On or about 22 July 1967, the applicant was appointed a Reserve commission within the Army National Guard (ARNG). b. On or about 18 April 1969, the applicant transferred into the U.S. Army Reserve (USAR). c. On or about 9 April 1972, the applicant transferred back into the ARNG. d. On or about 1 August 1975, the applicant transferred back into the USAR. e. On 19 July 1981, the applicant was promoted to major (MAJ)/O-4. f. On 3 December 1984, the applicant received his Notification of Eligibility for Retired Pay at Age 60 letter. g. On 15 November 1988, the applicant was notified of his second non-selection for promotion to the rank/grade of LTC/O-5. h. On 30 December 1988, due to his non-selection for promotion to LTC, the U.S. Army Reserve Personnel Center issued Orders Number C-12-803120 reassigning the applicant to the USAR Control Group (Retired), effective 9 January 1989 in the rank of MAJ. i. On 4 August 1998, the U.S. Army Total Personnel Command, Chief, Promotion and Notifications Branch, Office of Promotions, Reserve Components provided a letter noting that the applicant was considered and not selected for promotion in 1987 and 1988 because he failed to meet the education requirements. Information obtained from the CGSC indicates that the applicant had not obtained 50 percent course completion and was therefore disenrolled on 30 November 1990. The applicant was advised that he was permitted to apply through the CGSC for reconsideration of completion. If approved, he could then resubmit an application for reconsideration by a Department of the Army Reserve Components Special Selection Board if the course was completed prior to board convening. 4. The applicant provides the following a: a. SF 180 reflective of the applicant's request to have his records corrected to reflect 50 percent completion of the CGSC. b. CGSC Form 128 dated 28 November 1986 reflective of the applicant's enrollment in the CGSC on 28 November 1986. c. Email communication reflective of the applicant advising this Board, that he has made several unsuccessful attempts to contact the school noting that his date of course completion incorrectly reflects August 1998 rather than August 1988 when he completed the course. He argues that all supporting sub-course certificates reflect the completion of courses in 1980's. In addition, the applicant provides a letter dated 30 August 2004 from "Non-Resident Studies" which indicates that he had completed 50 percent of the CGSC as of 12 August 1998. d. ATSC Form 157 reflective of the applicant's completion of several correspondence sub-courses in 1984. e. CGSC Form 128 reflective of the applicant's completion of several CGSC curriculum requirements between 1987 and 1988. The documents are void of any indication related to what percentage of the course requirements these documents apply to. 5. On 27 February 2020, Docket Number the Board denied the applicant's request for promotion to LTC noting that he did not meet the 50 percent CGSC completion requirement when he was considered for promotion in 1987 and 1988; the applicant was not selected for promotion by either of these boards. On 9 January 1989, the applicant was transferred to the Retired Reserve and completed 50 percent of CGSC on 12 August 1998, 11 years later. Therefore, the Board determined that the applicant's rank at the time of his transfer to the Retired Reserve on 9 January 1989 was not in error or unjust. 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 applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board noted that on 4 August 1998, the Office of Promotions, Reserve Components (RC) informed the applicant that he was considered and not selected for promotion in 1987 and 1988 because he did not meet the education requirements. Information obtained from the CGSC indicated that he had not obtained 50% course completion and was therefore disenrolled on 30 November 1990. The applicant was advised that he was permitted to apply through the CGSC for reconsideration of completion. If approved, he could then resubmit an application for reconsideration by a DA RC Special Selection Board if the course was completed prior to board convening. He was transferred to the Retired Reserve on 9 January 1989. He provides a letter dated 30 August 2004 from "Non-Resident Studies" which indicates that he had completed 50 percent of the CGSC as of 12 August 1998, 11 years after he had retired. The Board determined that relief is not warranted as it did not find an error or an injustice in his case. 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 to amend the decision of the ABCMR set forth in Dockets Number on 27 February 2020 and on 13 May 1999. 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) 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 non-consideration 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 non-selection 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 non- selection, except where an individual is not qualified due to noncompletion of required military schooling. b. In order to be qualified for promotion to LTC an individual must have completed 7 years of TIG as a major, 17 years of promotion service, and 50 percent of the CGSC on or before the convening date of the respective promotion board; that upon a non- selection by a promotion board an individual's Promotion Eligibility Date (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 LTC 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. 2. AR 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004327 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1