IN THE CASE OF: BOARD DATE: 21 February 2023 DOCKET NUMBER: AR20220005039 APPLICANT REQUESTS: * adjustment of Mandatory Removal Date (MRD) to reflect 30 August 2023. * a personal appearance (video or telephone) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email communication * Memorandum – Subject: Options Upon Non-Selection for Promotion after Second Consideration CPT and MAJ (No Selective Continuation (SELCON) * Email communication * Memorandum – Subject: Fiscal Year (FY) 21, Reserve Component (RC), Major (MAJ), Army Medical Department (AMEDD), Promotion Selection Board (PSB), 11 January 2022 * Memorandum – Subject: FY21, RC, MAJ, AMEDD, PSB, 11 February 2022 * Memorandum – Subject: FY22, RC, MAJ, AMEDD, Non Active Guard/Reserve (AGR), Army Nurse (AN), PSB 8096, 8 March 2022 * Certificates * Hospital letter, 6 March 2022 * Troop Service Letter, 30 November 2021 * Email communication * DA Form 1059 (Service School Academic Evaluation Report), 24 June 2017 * DA Form 67-10-1 (Company Grade Plate (O-1 - O-3; WO-1 – CW2), Officer Evaluation Report) * College transcripts * American Nurses Association document * Voucher for Service * My Training document FACTS: 1. The applicant states in pertinent part, she was not afforded enough time to complete her branch transfer. She was notified on 22 December 2021 and again on 21 January 2022 of her non-selection for promotion to MAJ. Despite her disagreement with the non- selection, she would simply like a feasible amount of time to transfer to the Basic Branch. She is currently serving, in her civilian capacity, as a Registered Nurse within the Emergency Department. During the COVID 19 surge, she was working 12 hour shifts and maintaining a family. In February 2022, she submitted her 5th request for assistance through the AMEDD. She was advised to submit a request for an MRD extension through her unit of assignment. 2. A review of the applicant's available service records reflects the following: a. On 1 December 2011, the applicant was appointed a Reserve commission within the U.S. Army Nurse Corps as a 66H (Medical Surgical Nurse) at the rank of first lieutenant (1LT). b. On 1 August 2014, the U.S. Army Human Resources Command issued Orders Number B-08-404726 announcing the applicant's promotion to captain (CPT), effective 3 July 2014. c. On 16 December 2014, Headquarters, 63rd Regional Support Command issued Orders Number 14-350-00001 transferring the applicant to 10th Battalion, 95th Regiment to serve as a 66H. d. On 24 June 2017, the applicant completed the AMEDD Captains Career Course. e. On 27 January 2022, Headquarters, 63rd Readiness Division issued Orders Number 22-027-00001 reassigning the applicant to the 7415th U.S. Army Troop Medical Clinic. The applicant's Basic Branch reflects – "AN (Army Nurse)". f. On 11 February 2022, Headquarters, 63rd Readiness Division issued Orders Number 22-042-00031 revoking Orders Number 22-027-00001. g. On 5 April 2022, Headquarters, U.S. Army Reserve (USAR) Command issued Orders Number 22-095-00011 discharging the applicant from the USAR, effective 5 May 2022 due to her twice non-selection for promotion to MAJ 3. The applicant provides the following a: a. Email communication reflective of the applicant being notified of her 2x non- selection for promotion on 22 December 2021. b. Memorandum – Subject: Options Upon Non-Selection for Promotion after Second Consideration CPT and MAJ (No SELCON), reflective of the applicant being notified of her second non-selection for promotion. The applicant was advised that she must be discharged not later than the 7th month after the month in which the board was approved unless selected for SELCON, eligible for transfer to the Retired Reserve, have remaining service obligation, or credited with 18 years or more, but less than 20 qualifying years of service. c. Email communication reflective of the applicant's 5th request for a Branch transfer. d. Memorandum – Subject: FY21, RC, MAJ, AMEDD, PSB dated 11 January 2022, reflective of the applicant's submitted request for reconsideration for promotion to MAJ. e. Memorandum – Subject: FY21, RC, MAJ, AMEDD, PSB dated 11 February 2022, reflective of the applicant's submitted request for reconsideration for promotion to MAJ. f. Memorandum – Subject: FY22, RC, MAJ, AMEDD, NON AGR, AN, PSB 8096 dated 8 March 2022, reflective of the applicant's request for reconsideration for promotion to MAJ. g. Certificates reflective of the applicant being recognized for her meritorious and or exceptional service as an Army Officer; the applicant was awarded an Army Commendation Medal and Army Achievement Medal. h. Hospital letter dated 6 March 2022, reflective of the Nursing Manager Observation Unit's character reference pertaining to the applicant's professional performance as a nurse. This letter is provided in its entirety for the Board's review within the supporting documents. i. Troop Service Letter dated 30 November 2021, reflective of the Troop 113 Scoutmasters character reference pertaining to the applicant professional performance as a nurse. This letter is provided in its entirety for the Board's review within the supporting documents. j. Email communication reflective of information pertaining to the applicant's nursing credentials; all documents are current with none pending expiration within 90 days as of 15 February 2022. k. DA Form 67-10-1 reflective of the and assessment of the applicant's professional performance from December 2012 – April 2020. The applicant was consistently rated as "Highly Qualified" by her Senior Raters. l. College transcripts, reflective of the applicant's completion of several courses of instruction culminating with her being conferred a bachelor's degree in both nursing and social work. m. American Nurses Association document, reflective of the applicant being a member of the Nurses Association through 31 January 2023. n. Voucher for Service, reflective of the applicant being authorized to obtain medical services at the location on 15 March 2022 and 22 March 2022. o. My Training document reflective of enrollment in Spanish Headstart on 31 May 2022. 4. On 24 October 2022, the Office of the Deputy Chief of Staff (DCS), G-1, Chief, Military Personnel Division provided an advisory opinion noting that full relief based upon the applicant's request was not warranted. It states in pertinent part, on 7 July 2020, the applicant was considered for promotion to MAJ by the FY 2020 RC MAJ AMEDD PSB. She was not selected for promotion by that Board. In April 2021, she was considered for promotion to MAJ for a second time by the FY 2021 MAJ AMEDD PSB and was not selected for promotion. This board was approved by the Secretary of Defense on 13 October 2021. The applicant completed her Mandatory Service Obligation on 30 November 2019; therefore, her MRD was adjusted to reflect the first day of the seventh month after the approval of the report of her board; 1 May 2022. Since she was not eligible for retention under any other provision of law or regulatory guidance, on 4 April 2022, the U.S. Army Reserve Command DCS G-1, published separation orders in accordance with Title 10, United States Code (USC), section 14505 with an effective date of 5 May 2022. Records indicate the applicant did not attempt to branch transfer until after being identified as a non-select for promotion a second time. She may pursue reappointment in the USAR by contacting the Army Reserve Careers Group if she is otherwise qualified and desires to do so. 5. On 29 October 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. On 2 November 2022, the applicant responded to the advisory opinion requesting that her discharge order be corrected to reflect that she was passed over for promotion twice due to the overstrength of 66H Officers and COVID 19. This email response is provided in its entirety for the Boards review within the supporting documents. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing 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 hearing is not necessary to serve the interest of equity and justice in this case. 2. 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 evidence shows the applicant was considered for promotion to MAJ but not selected by the FY 2020 RC MAJ AMEDD Promotion Selection Board (PSB) on 7 July 2020. In April 2021, she was considered for promotion to MAJ a second time by the FY 2021 MAJ AMEDD PSB and again was not selected for promotion. This promotion board was approved by the Secretary of Defense on 13 October 2021. The applicant completed her Mandatory Service Obligation on 30 November 2019; therefore, her MRD was adjusted to reflect the first day of the seventh month after the approval of the report of her board; 1 May 2022. By law, she was not eligible for retention. Accordingly, USARC G1 published separation orders in accordance with 10 USC section 14505 separating her on 5 May 2022. The evidence further shows she did not attempt to branch transfer until after being identified as a non-select for promotion a second time. ? 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 14505 (Effect of Failure for Selection for Promotion: Reserve Captains of the Army) provides that unless retained as provided in section 12646 or 12686 of this title, a captain on the Reserve Active-Status List (RASL) of the Army who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade and who has not been selected for continuation on the RASL under section 14701 of this title, shall be separated in accordance with section 14513 of this title not later than the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time. 2. Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) provides a CPT on the RASL who has failed of selection for promotion to MAJ for the second time, whose name is not on a list of officers recommended for promotion to MAJ, and who has not been selected for continuation on the RASL under Title 10, USC, section 14701, will be separated unless the officer has a remaining service obligation or can be credited with 18 or more but less than 20 years of qualifying service for retired pay. Separation will be not later than the first day of the seventh month after the month in which the final approval authority approves the report of the board that considered the officer for the second time. 3. AR 135-175 (Separation of Officers) provides that an officer in the grade specified below who has completed his or her statutory MSO will be discharged for failure to be selected for promotion after second consideration by a DA RC selection board not later than the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time, unless the officer is retained under the provisions of 10 USC 12646, 10 USC 12686, 10 USC 14701, or 10 USC 14703. 4. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. 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) AR20220005039 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1