AR20160000145

IN THE CASE OF:

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20160000145

BOARD VOTE:

___x____ ___x____ ___x____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20160000145

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. Having the applicants records considered by a special selection board (SSB) for promotion to colonel (COL) under the criteria of the Fiscal Year 2014 Reserve Component COL Army Promotion List, Non-Active Guard/Reserve, Promotion Selection Board.

b. If selected for promotion by the SSB, further correct her records by voiding the orders placing her in the Retired Reserve in the rank of LTC, showing she met all the eligibility criteria for promotion selection effective the approved date of the promotion selection board/Senate confirmation, promoting her to the Reserve rank of COL with the appropriate date of rank, paying her any back pay and allowances due as a result of this correction, and reinstating her in the U. S. Army Reserve.

c. If not selected for promotion, notifying her accordingly.

___________x______________
CHAIRPERSON

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.

IN THE CASE OF:

BOARD DATE: 3 May 2016

DOCKET NUMBER: AR20160000145

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests consideration for promotion to colonel (COL) by a special selection board (SSB) under the criteria for the Fiscal Year 2014 (FY14) Reserve Component (RC) COL Army Promotion List (APL), Non-Active Guard/Reserve (AGR), Promotion Selection Board.

2. The applicant states:

a. She should be reconsidered for promotion to COL due to documentation missing from her record through no fault of her own. Her Officer Evaluation Report (OER) for the rated period 31March 2011 (i.e., 1April 2011) through 19October 2013 and DAForm2-1 (Personnel Qualification Record), dated 12June 2013, were not listed on the redacted list of board documents.

b. On 13September 2014, upon receipt of notification, she went through her records in preparation for her My Board File (MBF). She noticed that her DAForm2-1 was no longer in her documents, yet an Officer Record Brief (ORB) from 2000 was still present. She reviewed the DAForm2-1 constructed during her 2010 to 2011 deployment for accuracy and made sure dependent/personal information was removed.

c. On 1November 2013, she watched as Ms.KG, Unit Administrator (UA), 81stRegional Support Command (RSC), scanned/uploaded the DAForm2-1 during a battle assembly. However, when she went in on 22November 2013, the document was not yet showing in her records. She and Ms.KG discussed why the DAForm2-1 was not loaded and why [current] ORBs were still unavailable to troop program units (TPU). Ms.KG finally said they should give it another week because of the holiday. On 12December 2013, when she went to the RSC to check her interactive Personnel Electronic Records Management System (iPERMS) and to check on her OER, she watched as Ms.KG scanned/uploaded her DAForm2-1 a second time.

d. She had inquired about the status of her evaluation on several occasions with her rater and reminded him that the OER needed to be completed prior to the Military Personnel (MILPER) Message suspense date of no later than 20December 2013 and that the MBF closed on 3January 2014. She made sure that her rater had her support form and the letter of input from her time in the Warrior Transition Unit (WTU). On 22November 2013, her rater assured her that her OER was near completion. He asked her to come by the RSC on 12December 2013 and she was surprised that it was not to sign the OER but to let her know it had been sent to her senior rater.

e. On 20December 2013, she met with her rater to inquire on the status of her OER; it turned out that her senior rater went on leave without completing his portion of the OER. Her rater told her not to worry that he would take care of it. She subsequently submitted the documents she knew to be missing (an award from 2006, DAForm2-1, and a Combat Action Badge from 2010) via email with a letter to the promotion board explaining her time in the WTU. After Christmas, she checked her MBF and everything was there except the DAForm2-1 and OER.

f. On 27December 2013, she received an email receipt acknowledging that there was a change to her MBF. On 30December 2013, her rater called her to go in and sign her OER. It was submitted and the Regional Level Application Software (RLAS) was updated. Her rater assured her the OER would make it to the promotion board. She viewed her MBF one last time and certified it. A few days later, she checked her iPERMS and saw the OER had been posted on 6January 2014 but her DAForm2-1 was still absent.

g. She called her rater and told him that the OER posted; he said he had already made a call to the U.S. Army Human Resources Command (HRC) and it should be fine. When the FY14 promotion board results were posted and she was not selected for promotion, she was reminded that she would have another opportunity to work toward that end.

h. She asked a number of COLs and general officers (GOs) to review her entire record and all were surprised when she was not selected for promotion by the FY15 promotion board. The Army Reserve Association (ARA) Director was so surprised he submitted a request for information (RFI) and requested her MBF.

3. The applicant provides:

* an ORB, dated 15January 2001
* DAForm2-1, dated 12June 2013
* memorandum, dated 25June 2013
* 12pages of email, dated between 11July and 30December 2013
* DAForm67-9 (OER), dated 30December 2013
* three pages listing documents in her MBF, viewed and certified on 30December 2013
* three statements of support, dated between 19 and 29October 2015

CONSIDERATION OF EVIDENCE:

1. The applicant was born on 15October 1963. On 21July 1987, she was appointed as a second lieutenant in the U.S. Army Reserve (USAR), Adjutant General (AG) Corps. On 1November 2001, she was promoted as a Reserve officer to the rank of major (MAJ).

2. On 16December 2008, she was promoted as a Reserve officer to the rank of lieutenant colonel (LTC). On 30November 2009, she was assigned to the USAR, 7thBattalion, 108thRegiment, FortJackson, SC. On 25June 2010, she was assigned to the USAR, 103rdExpeditionary Sustainment Command (ESC), DesMoines, IA.

3. She was ordered to active duty as a member of her USAR unit and entered active duty on 2July 2010. She served in Iraq with her assigned unit from 9July 2010 to 8April 2011. Upon her redeployment, she was attached to the WTU, FortJackson, SC.

4. From 28February to 2August 2012, she served as the Total Force Integrator (TFI), at the AG School, FortJackson. On 29August 2012, she was honorably released from active duty to the control of her USAR unit.

5. On 20October 2012, she was assigned to the Augmentation Detachment, 81stRSC, FortJackson. On 9January 2013, she was assigned to Headquarters and Headquarters Company (HHC), 81stRSC, FortJackson.

6. The applicant provides:

a. A memorandum, dated 25June 2013, subject: Memorandum of Evaluation Input [Applicant], wherein LTCAJP, stated, in part, the applicants duty title for the rating period 28February to 2August 2012 was TFI, and she served as the subject matter expert (SME) to the AG School on issues and activities affecting the RC AG/Human Resource (HR) community. She performed superbly in both the AG Schools instructional and analytical missions. She aggressively assumed her role as both the senior Reserve mentor/liaison for 2100 RC Soldiers. She was an exceptional HR professional who sought new challenges, possessed great vision, and exuded potential for future positions of greater responsibility.

b. An email dated 22November 2013, wherein MAJWC, Army Reserve Career Division, stated that her 2012 and 2013 evaluations were not in her record.

c. An email dated 27December 2013, wherein she replied to MAJWC that there was no 2012 evaluation as she was in the WTU and the non-rated code was H for healing. Her 2013 evaluation was not completed by the Chief of Staff (COS) before he retired. They had three directorate chiefs and the COS all retire on 2November 2013 and the evaluations piled up.

d. An email dated 30December 2013, wherein she further replied to MAJWC that per regulations the WTU did not issue evaluations unless the person was assigned in a dual status as a healing Soldier and cadre. She was attached [to the WTU] and the 103rdESC was not obligated to do an evaluation.

7. The applicant provides, and her record contains, an extended annual OER covering 12months of rated time for the rated period 1April 2011 through 19October 2013, for her duties as the Senior HR Officer, Headquarters, 81stRSC. Her rater was Mr.VLH, Director, HR, 81stRSC, and her senior rater was Mr.PTQ, COS, 81stRSC. The rater signed the OER on 12December 2013; her senior rater and the applicant signed the OER on 30December 2013. This OER was added to her records on 6January 2013.

8. On 14April 2014, she was notified by HRC that she had not been selected for promotion to COL by the FY14 RC COL APL, Non-AGR, PSB.

9. On 6July 2015, she was notified by HRC that she was again non-selected for promotion to COL by the FY15 RC COL APL, Non-AGR, PSB.

10. Orders15-276-00048, dated 3October 2015, issued by the USAR, reassigned her to the Retired Reserve effective 1December 2015, by reason of maximum authorized years of service.

11. The applicant provides statements of support, dated:

a. 19October 2015, wherein COLWFB stated he supported the applicants request to have her files appear before an SSB for promotion consideration to COL. Her records appeared before the FY14 board and it was determined there were material errors that existed at the time of her selection.

b. 28October2015, wherein Ms.KG stated the applicant requested documents be added to her iPERMS file for inclusion in her promotion board file. In November 2013, she uploaded several documents to include the DAForm2-1 and they had a discussion confirming her DAForm2-1 was added to iPERMS. However, the applicant later informed her that the form was no longer showing in her records and she then made a second attempt to upload the DAForm2-1.

c. 29October 2015, wherein MAJDF stated, in part:

(1) During January 2013 through August 2015, she served as the Senior HR Officer, 81stRSC and observed the applicant on a weekly basis. She was knowledgeable of the applicants working relationship with her rating chain and their expectations. The applicant was the Senior HR Officer, acting on behalf of the Director, HR, and she reported directly to the Director; in his absence, she reported to the COS.

(2) Following receipt of the notification of the FY2014 COL PSB, the applicant acted with due diligence to ensure all pertinent documentation necessary for the board was submitted in a timely manner. The UA submitted the applicants DAForm2-1 on two separate occasions for inclusion in her board file and it was also emailed.

(3) The applicant identified that a current OER was not available. Due to circumstances beyond her control, the OER covered the period 1April 2011 through 19October 2013 and was not completed or submitted prior to the board suspense date. The rater did not complete his portion until 12December 2013 and the senior rater did not complete and sign his portion until 30December 2013. Her rater was unable to reach HRC to see if he could request an exception to policy. On 27December 2013, the applicant validated the board file acknowledging the missing document. On 30December 2013, a final board validation was made following the submission of the late OER.
12. In the processing of this case, an advisory opinion was received from the Chief, Officer Promotions, HRC, on 10February 2016. The advisory official recommended approval of the applicants request and stated:

a. Based on a review of their records and the information provided, they found the applicants request for reconsideration for promotion to COL by an SSB under the FY14 criteria did have merit. He confirmed her OER for the rating period 1April 2011 through 19October 2013 was not in her MBF and was not reviewed by the PSB. However, her current non-military (former officer) status precluded their office from processing her request without an ABCMR directive.

b. If recommended for promotion by an SSB, further direct correction of her records by voiding her retirement and promote to COL, once she has met all eligibility criteria in accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) unless otherwise proven ineligible.

13. In a response to the advisory opinion, dated 2March 2016, the applicant stated she requests the ABCMR adopt the advisory opinion recommendation in whole.

REFERENCES:

1. Army Regulation 135-155 prescribes policy and procedures used in the selection and promotion of commissioned officers of the ARNG and commissioned and warrant officers of the USAR.

2. Army Regulation 135-155 states promotion 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. 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 individuals 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. 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.

DISCUSSION:

1. The evidence of record shows that due to no fault of her own, the applicant did not receive an OER in 2012 and the OER she received in 2013 for the rated period 1April 2011 through 19October 2013 was not completed until 30December 2013. This OER was added to her records on 6January 2014. While she sent the OER to the FY14 COL PSB, the advisory official confirmed this OER was not in her MBF, was not viewed/considered by the FY14 COL PSB, and her request for consideration by an SSB did have merit.

2. The available evidence shows she exercised due diligence and made an effort to correct her MBF prior to the board convening date; however, she was not able to do so. As a matter of equity, she should be given the opportunity to have her file evaluated by an SSB and considered for promotion to COL under the FY14 COL PSB criteria.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160000145

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160000145

7

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2