Officer promotions while on CBHCO

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diablo6

PEB Forum Regular Member
This is a request for info re Officer promotions while on CBHCO program.

I am a mobilized nat'l Guard 0-2E who is nearing 5 yrs commissioned service. was MEDEVACd from OIF in Feb 07.

My state claims I cannot be promoted because I am on MEDHOLD / CBHCO. The justification is that I am "unfit for duty." Other than that, I meet all other requirements to include 4yr degree. No one in my state can provide any regulation supporting their claim, but at same time will not move fed rec packet forward as they believe they are correct.

I have not been found unfit by an MEB/PEB and am in the process of recovering from spine surgery.

Anyone out there having personal knowledge of how to navigate this issue please respond.

Thank you!
 
Just missed a "dash": 600-8-19. But that is Enlisted Promotions. The Officer reg is 600-8-29 http://www.apd.army.mil/pdffiles/r600_8_29.pdf

diablo, Welcome! I think you are being improperly not considered for promotion. Look at Para. 1-19 (on page 10). There is nothing about being injured/wounded/processing for MEB or PEB. I will post a more detailed response later.
 
Thanks for the welcome and the reference- I'll have to peruse it in the AM.

These guys are killing me here- ha. They say officers cant be promoted while on medhold and such. Unfortunatlely no one here knows the regs or even cares to look. Meantime just spinning the wheels.

Fortunately, they have been good about promoting our enlisted and NCOs while on CBHCO or WTU so no drama there. I am one of only a couple officers our state has ever had on this status (probably only one eligible for promotion) so no one knows what to do.

Like I mentioned earlier, no one really cares either. It is an unfortunate aspect of the CBHCO program where your Title 10 chain has all the control over you, but your promotion and your home state could care less cuz you are not on their radar.

Their biggest concern is that I am not fit for duty. True I cannot do my job right now, but that is temporary- well may be permanent because I am pretty screwed up but hey until the MEB / PEB makes a determination of fitness or not, I am of the opinion I am fit for duty. Just need a reg that actually supports that.

I'll check it out- hopefully I can find some ammo for this situation-
thanks!
 
diablo,

Back when I was a Transportation Officer, I dealt with many similar issues with promotions (I was moblilized with my Company to Ft. Bragg...so day to day higher HQ was my active duty battalion...but promotions went through my state)...kind of a tough situation, but I think they are wrong...if the reference I provided doesn't do the trick, let us know. This is not rocket science and I think this one is readily solveable.

As for "not fit for duty," that is a determination that must be made by the PEB. You aren't at that point in the process yet, so you should be promotable.
 
Diablo,

I ran into the same problem in the Air National Guard. Their story was that you could not be promoted unless you were World Wide Deployable (not on 4T Status) However, I never saw that written in any reg.


Good luck,
Ron
 
1–19. Nonpromotable status​
a.​
​
​
An officer’s promotion is automatically delayed (that is, the officer is not promoted in spite of the publication of​

promotion orders) when the officer is—

(11) Documented as overweight as defined in AR 600–9 or has failed the Army Physical Fitness Test (APFT) most
recently administered or, through his or her own fault (as determined by the first commander who is senior to the
officer concerned), has not taken and passed an APFT within the period required by AR 350–1. (Officers having a
valid permanent or temporary medical profile that, as determined by appropriate medical personnel, precludes administration
of the APFT, even in an authorized modified form, are deemed to have failed to take the APFT through no fault​
of their own.)
 
This is what I have found on a Presentation slide from Army Reserve G-1 Chief, Officer Management Branch dated 14 Jan 08

You may want to read AR 135-155 Army National Guard and U.S. Army Reserve (Promotion of Commissioned Officer and Warrant Officers Other Than General Officers

Promotion of Army Reserve Soldiers Assigned to the WTUs


[FONT=&quot]•[/FONT]Convening/Promotion Authority: Commander, US Army Human Resources Command, St. Louis
[FONT=&quot]•[/FONT]Army Reserve officers will be considered for promotion upon reaching established time-in-grade (TIG) requirements
[FONT=&quot]•[/FONT]In most cases, promotion boards review an officer's record during the 12 months before they reach maximum TIG. Based on accelerated promotion to CPT, 1LTs are considered approximately 2 years before reaching maximum TIG
[FONT=&quot]•[/FONT]Upon selection for promotion and provided the officer is medically fit (until determined unfit by MEB/PEB):


[FONT=&quot]–[/FONT]Mobilized (Title 10, Section 12302/12301) Army Reserve officers who are on an approved mandatory selection board promotion list may be promoted immediately when matched against a valid position commensurate with the appropriate grade for which selected, if otherwise qualified
[FONT=&quot]–[/FONT]Mobilized Troop Program Unit (TPU), Active Guard Reserve (AGR), Individual Mobilized Augmentee (IMA) officers are not required to be assigned to a higher grade position, rather they must be matched against a higher grade position prior to promotion and assigned to that higher grade position or another higher grade position within 180-days after REFRAD or transfer to the IRR

[FONT=&quot]–[/FONT]Mobilized/ADOS/MRP TPU officers not matched against a higher graded positions will be promoted upon reaching their maximum TIG and will be reassigned to the IRR within 180 days of REFRAD unless assigned to a position of the higher grade.
[FONT=&quot]•[/FONT]Second lieutenants will continue to be promoted upon meeting minimum time-in-grade and completion of military education, unless flagged

Don't know if you are aware of this part from the WTU Consolidated Guidance 18 July 08 on Evaluations. Just an FYI.

[FONT=&quot]5-6. Evaluations (NCOER/OER)[/FONT]
[FONT=&quot]a. [/FONT][FONT=&quot]Soldiers reassigned to the WTU or C2 element will require a change of duty evaluation report (both Officer and NCO, per the requirements of AR 623-3). Once assigned to the WTU, no evaluation is required. Time spent in the WTU will be non-rated. Evaluation Reports will reflect non-rated time (code P) IAW DA PAM 623-3, 15 May 2006 for Officers, Warrant Officers (table 2-9) and Enlisted (table 3-7).[/FONT]
[FONT=&quot]b. [/FONT][FONT=&quot]Non-rated time on an OER or NCOER is declared when a Soldier does not fall under a legitimate rating scheme with designated duties and responsibilities. AR 623-3, Evaluation Reporting System, does not specifically define “non-rated” but intent is gleaned from its use (i.e. AWOL, leave over 30 days, lack of rater qualification, etc.). Being a patient (including Department of the Army WTU Consolidated Guidance - 18 July 2008 convalescent leave) is under non-rated time, shown on an evaluation with code ‘P”. (Per[/FONT]
[FONT=&quot]Information Paper, Evaluation Systems Office, 24 October 2007).[/FONT]


Hope this helps.
 
Rikersisland,

Thx for the info. I have used the 135-155, but am having trouble locating anything that specifically states the meb/peb is the official mechanism that labels one fit or unfit.

My state's fedrec checklist requires that for promotion purposes, you have to have a current Annual Medical Certificate (AMC) showing you fit. Mine states I am not due to my condition although no exam was done and they just had me fill out a questionaire. These AMCs are typically used as a screen for problems prior to annual training. Funny thing is my state surgeon has washed his hands of all this saying the state has no say in my fitness since I am on Title 10 right now. I believe he is correct.

The powers that be want to use the AMC to prove fitness or the lack thereof. This is what I am dealing with. They probably know the right answer, but to acknowledge that after all the feet stomping and "dont question my judgement and competence" attitude would only prove an LT right and the all-knowing ones wrong.

One could imagine well hey WTF did you do to piss these guys off? Nothing, I have been gone or on medhold for the past two years. All my OERs are maxed out with highest ratings / comments. I have my degree, didnt have sex with or sexually harass any of my female soldiers, no reprimands and had very little if any discipline problems in my PLT. Part of my problem is when ur an LT w/ 18 yrs in the Army, you are tired of the BS and call it every time it pops up. Im not one to make many friends. It makes for great sport though.

Anyway- could you post a link to that slideshow (G-1 Chief briefing)? I would just love to check it out.

After this week if these guys with all their collective knowledge cant get this figured out I am considering contacting the AW2 hotline and calling on the big guns.

BTW- this forum is great. I have had it on my "favorites" for some time now. The blogs and links have been very helpful.

Thanks!
 
I can relate to your frustration I am a CW3 in the Guard that should be promoted in Oct and have been asking everyone in the sate for help but just keep getting ignored.
 
I think I got it:

AR 600-60

3–7. Reenlistment/career status
e. All Soldiers remain in a promotable status when pending evaluation by the MMRB or the PDES.

4–12. Required statements
(3) Generally, Soldiers who do not meet the graduation requirements for NCOES will not be promoted to the next higher grade or retain conditional promotion. However, Soldiers who are referred into the PDES remain in a promotable status and, if determined unfit, may be retired at pending promotion grade or receive disability severance pay at pending promotion grade. See AR 600-8-19 for enlisted promotion policy and AR 600-8-29 for officer promotion policy.​
 
But does this mean you would have to take the "disability severance pay" what if you receive a 30% or better or are waiting for the reserve retirement at 60
 
After this week if these guys with all their collective knowledge cant get this figured out I am considering contacting the AW2 hotline and calling on the big guns.
Click to expand...
I think you mean the Wounded Soldier and Family Hot line, 1-800-984-8523.
If you do decide to call them let me explain what you can expect and the process that will follow.

Once you contact the Hot Line and they feel you have a case, they will write up your information and a BLUF. They will determine whether to send your case to the ARNG HQ in DC or to MEDCOM. If they send it to the ARNG HQ in DC they will forward your case to your state's ARNG for their response. Your state's ARNG is suppose to contact you to discuss your issue(s). If they decided to send it to MEDCOM, MEDCOM will contact you.

My guess is that they will send your case to the ARNG since they are the ones that can promote you. I would recommend that you request that they also cc MEDCOM as an FYI. I would strongly recommend that you have all your ducks lined up so when you are contacted they know that you know what you are talking about. I would site page and paragraph etc. However, understand that the person that you speak to may not know the regs you site, so you may overwhelm him/her, thus passing it on to someone else, which is why I recommend you request that MEDCOM is cc'd, that may be helpful. The reason why I say cc MEDCOM is because you may not be the only STU/CBHCO Officer in your situation and they may have assisted somewhat. But the outcome is your particular state's ARNG's to make.

The Hot Line is suppose to receive a resolution within 72 business hours, unless a request for an extension is made.

Also understand that the Hot Line are facilitators not case managers. Their function is to take issues from callers and forward the issues to the respective ACOMs for resolution. You will be called after 72 business hours to see if you have been contacted by anyone.

Also be advised that the ARNG is one strange entity, all 50+ of them.

Hope this helps.
 
Rikers,

Thanks for the guidance. That is the hotline I was referring to. I used them last feb in my MEB case...

-They boarded me prematurely to clear the books and I wasnt having any of it, I am still on CBHCO and would have been drawing Social Security and getting spine surgery at the VA. No thanks, I got a civilian doc to do my surgery on the Army dime-

... and you are correct in that the person who takes your complaint is pretty much a lay individual. They are good info gatherers and within about 12 hrs, I had an MSG collecting case info from me. They are good to go and very thorough. They seemed to have the power of the IG, JAG and the Pres- all on steroids. Things moved very fast after they got involved. Needless to say, many people involved were not happy when the dust settled. I was though.

I do regard them as a last resort though, just like IG. Its one thing to be a pivate and go running outside the chain to complain, but when you are an OFC or SR NCO, they expect different of you.

Jim,

That reg I cited has to do only with promotions. It states retirement or severence in there. You made me do a double take- I didnt catch it the first time I read it. Anyway doesnt affect which mechanism of retirement the Army uses.

For your case, check out the "Army Personnel Policy Guidance for Contingency Operations in Support of GWOT." Yes it is an Army manual and has no AR #. It states guidance in ch 13 re ur WO promotion policy.

Good luck
 
Army Personnel Policy Guidance for Contingency Operations in Support of GWOT

Do you have a link for this?
 
Diablo6,

I just found an Information paper on promotions for enlisted Soldiers [FONT=&quot]from the [/FONT][FONT=&quot]NGB-ARH-S. Its dated October 2007. Even though it is for enlisted, PM me and I will supply you with the contact infor on the SGM from ARNG G1 that wrote it. Maybe the SGM can refer you to the Officer side of the house.

Hope this helps.
[/FONT]
 
diablo6

I have tried to open this link form both home and my gov computer but it will not open. Do you have a PDF you could send me?
 
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