IN THE CASE OF: BOARD DATE: 16 September 2008 DOCKET NUMBER: AR20080005587 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, in effect, adjustment to his date of rank (DOR) for captain from 8 February 2008 to 4 February 2006. 2. The applicant states, in effect, that he was on the RASL (Reserve Active Status List) for 1 year and was promoted to captain on 8 February 2008 with a DOR of 8 February 2008. He believes that his DOR should be 4 February 2006, the date he was placed on the RASL according to Army Regulation 135-155, chapter 2, paragraph 2-4d. 3. The applicant provides a copy of his Oath of Office for Re-Commissioning, placing him on the RASL; and a copy of his promotion orders in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant’s records show that he was reappointed in the United States Army Reserve (USAR) as a first lieutenant, effective 4 February 2006, with prior enlisted service in the Regular Army, Army National (ARNG), and the USAR and with prior commissioned service in the ARNG and USAR. 2. The applicant was ordered to active duty on 1 April 2007 for a period of 532 days for the purpose of mobilization for Operation Iraqi Freedom. 3. The applicant was considered and selected for promotion to captain by the 2007 DA (Department of the Army) Reserve Components Selection Board (RCSB), which convened on 6 November 2007 and recessed on 15 November 2007. The President approved the board results on 8 February 2008. 4. The applicant was promoted to captain with an effective date and DOR of 8 February 2008. 5. An advisory opinion was rendered on 28 April 2008, by the Chief, Special Actions Branch, DA Promotions, Army Human Resources Command (AHRC)-St. Louis. The opinion stated that the applicant was not eligible for an earlier DOR than 8 February 2008. Paragraph 2-4d, of Army Regulation 135-155, referenced in the applicant's application pertained to the appointed grade for an officer upon appointment and not the grade recommended for by a promotion board. The applicant's DOR of 8 February 2008, is in accordance with (IAW) paragraph 4-21b(2) of the regulation. The regulation states, a unit officer will have a promotion date and effective date no earlier than the approval date of the board which selected him for promotion, provided he is assigned to a position in the higher grade. The applicant was selected for promotion by the 2007 DA RCSB CPT Selection Board and the board was approved on 8 February 2008. IAW with regulation, 8 February 2008, is his correct DOR. 6. On 17 June 2008, the applicant was provided a copy of the advisory opinion for possible comment prior to consideration of this case. The applicant was provided 30 days to submit comments; however, the applicant did not respond. 7. Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve and ARNG officers. This regulation specifies that a mandatory selection board will convene each year to consider Reserve and Active Guard Reserve (AGR) officers on the RASL for promotion to captain through lieutenant colonel. 8. Paragraph 2-4c states commissioned officers in the grade of 1LT or above who received entry grade credit at the time of their most recent original appointment may be tendered a new original appointment in a higher grade. This will be coincident with placement on the RASL, if the period of service so credited equals or exceeds the promotion phase point in that higher grade in their respective competitive category at the time they were placed on the RASL. An officer may not be placed on the RASL in a grade higher than major (MAJ). 9. Paragraph 2-4d, of the same regulation, states the DOR in the higher grade to which an officer is appointed will be the date of placement on the RASL backdated by the amount of time by which the entry grade credit awarded exceeds that used to establish the higher grade under paragraph c. 10. Paragraph 4-21b (2) states that a unit officer will have a promotion date and effective date no earlier than the approval date of the board which selected him/her for promotion, provided he/she is assigned to a position in the higher grade. DISCUSSION AND CONCLUSIONS: 1. In view of the circumstances in this case, the applicant is not entitled to correction to his date of rank for captain. He has not shown error, injustice, or inequity for the relief he now requests. 2. The applicant was reappointed as a first lieutenant in the USAR with prior enlisted and commissioned service on 4 February 2006. He was given a DOR and effective date of 4 February 2006. He claims that he was placed on the RASL for a year. He was mobilized for Operation Iraqi Freedom on 1 April 2007 for a period of 532 days. 3. The applicant was selected for promotion by the 2007 DA RCSB, the board was approved on 8 February 2008, and the applicant was promoted to captain with a DOR and effective date of the same date. According to regulation, the applicant was not entitled to an earlier DOR and 8 February 2008, the date the President approved the board results, is his correct DOR. 4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant and counsel have failed to submit evidence that would satisfy this requirement. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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. ABCMR Record of Proceedings (cont) AR20080005587 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080005587 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1