IN THE CASE OF: BOARD DATE: 11 August 2009 DOCKET NUMBER: AR20080019869 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, correction of his military records to change his date of rank (DOR) for lieutenant colonel. 2. The applicant states that his DOR for lieutenant colonel should be changed based on his assignment to a lieutenant colonel position. 3. The applicant provides, in support of his application, copies of his letter of acceptance and Oaths of Office in the Michigan Army National Guard; electronic communications regarding his medical qualification; a letter from his personal physician; his Officer Evaluation Report ending on 9 May 2006; orders revoking his retirement orders; permanent physical profiles dated 26 October 2006 and 24 May 2007; ARPC Form 155 (Promotion Qualification Statement); and his promotion orders. CONSIDERATION OF EVIDENCE: 1. At the time of his application, the applicant was serving as a lieutenant colonel with the 46th Military Police Command, Michigan Army National Guard. 2. A DA Form 3349 (Physical Profile), dated 27 October 2006, shows that the applicant had a permanent physical profile of 121211. There is no indication that the applicant's physical profile required a change in his specialty or duty assignment. 3. Orders B-06-704123, United States Army Human Resources Command, St. Louis, Missouri, dated 6 June 2007, promoted the applicant to the rank of lieutenant colonel with a DOR and effective date of 24 May 2007. 4. The applicant provided a copy of an ARPC Form 155 showing that he was assigned to a lieutenant colonel position on 29 May 2007. 5. In the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Department of the Army (DA) Promotions, United States Army Human Resources Command, St. Louis, Missouri. The opinion stated that the applicant was selected for promotion by the 2006 DA Reserve Components Lieutenant Colonel Judge Advocate General Selection Board which was approved on 13 September 2006. In accordance with Army Regulation 135-155, paragraph 4-21, a unit officer selected for promotion will have a promotion date and effective date no earlier than the date the board is approved, provided he is assigned to a position in the higher grade. If the board approval is before assignment to the higher graded position, the effective date and date of promotion will be the assignment date. Documentation received at the time verified the applicant had been assigned to the higher graded position on 24 May 2007. Based on the regulation and the date of assignment, his DOR was correct. 6. The advisory opinion further provided that the ARPC Form 155 is the required source document for verification of position assignment. That form, as received from the applicant, failed to show his date of position assignment, even though it was signed by the commander. The applicant's DOR could be changed if he were to provide an ARPC Form 155 showing he was assigned to a higher graded position on an earlier date. 7. In response to the advisory opinion, the applicant provided another ARPC Form 155 and statement from his former commander. This documentation shows that the applicant signed the ARPC Form 155 on 12 October 2006; that he was assigned to a lieutenant colonel position on 20 October 2006; and that the commander signed the form on 20 October 2006. The accompanying statement, dated 3 June 2009, from the commander says, in effect, that he reviewed archived emails dated 13 and 20 October 2006 and based on his habits and practices, affixed his signature to the form to accurately reflect the date the applicant was assigned to the lieutenant colonel position. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DOR should be changed based on the date of his assignment to a lieutenant colonel position. 2. The available evidence shows that the applicant was selected for and promoted to lieutenant colonel with a date of rank and effective date of 24 May 2007. 3. The available ARPC Form 155 shows that the applicant was assigned to a lieutenant colonel position effective 20 October 2006. Therefore, his DOR and effective date should be adjusted accordingly. BOARD VOTE: ____X____ ____X____ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 amending Orders B-06-704123, United States Army Human Resources Command, St. Louis, Missouri, dated 6 June 2007, to show his date of rank and effective date for promotion to lieutenant colonel as 20 October 2006. _______ _ _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) AR20080019869 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080019869 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1