IN THE CASE OF:	   

		BOARD DATE:	    29 April 2010

		DOCKET NUMBER:  AR20090017826 


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 correction of his record to show he was promoted to captain on 17 November 2006.

2.  The applicant states the following:

	a.  As a first lieutenant, he deployed to Iraq as commander of the 414th Military Police (MP) Company.

	b.  During his deployment, he was selected for promotion to captain on 7 November 2006 and the approved list was made public on 17 November 2006.

	c.  On 23 December 2006, he was released from active duty (REFRAD), returned to troop program unit status, and was subsequently transferred from the command position to an excess position in a different company.

	d.  In November 2007, he was transferred to a captain position and promoted with an effective date of 29 November 2007.

3.  The applicant provides the following:

* copies of memoranda from the Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA(M&RA)) establishing policy for promoting mobilized Reserve Component (RC) officers
* a DA Form 67-9 (Officer Evaluation Report (OER))
* a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a memorandum announcing his assumption of command of the 414th MP Company
* copies of promotion and assignment orders
* a copy of a briefing explaining RC officer promotions

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 8 August 1994 and was commissioned as a second lieutenant on 17 May 2002.

2.  The applicant's record shows the following:

* he assumed command of the 414th MP Company effective 11 August 2005
* he entered active duty on 1 September 2005
* he served in Iraq from 22 November 2005 to 5 November 2006
* he was REFRAD on 23 December 2006
* effective 31 December 2006, he was reassigned to the 603d MP Company as a platoon leader, a lieutenant position

3.  The applicant was promoted to captain on 27 November 2007 when he was assigned to a captain position in the 329th Combat Support Battalion.

4.  An advisory opinion from the Chief, Special Actions Branch, DA Promotions, confirms the applicant was selected for promotion to captain by the 2006 DA Reserve Components Selection Board.  The board results were approved on 8 February 2007.

5.  On 2 March 2010, the applicant was provided a copy of the DA Promotions advisory opinion for review and the opportunity to submit comments for rebuttal.  The applicant did not provide a response.

6.  The ASA(M&RA) memoranda provided by the applicant establish promotion policy for mobilized USAR officers who are on approved promotion lists.

7.  Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states in no case will the date of rank or effective date of promotion be earlier than the date the board is approved, or, if required, the date of Senate confirmation.  In addition, the officer must already be assigned or attached to a position in the higher grade.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his record to show he was promoted to captain on 17 November 2006 was carefully considered and is not supported by the evidence.

2.  The results of promotion boards are not official until they are approved by the appropriate authority.  The applicant was selected for promotion to captain by the 2006 DA Reserve Components Selection Board.  However, the board results were approved on 8 February 2007.

3.  Although the applicant may have been serving in a captain position prior to approval of the results of the 2006 DA Reserve Components Selection Board, he was REFRAD and left the position prior to approval of the board results.  The applicant was assigned to a qualifying position in the higher grade effective 27 November 2007.  Accordingly, that is the effective date of his promotion to captain and he is not entitled to correction of his records to change his date of rank.

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)                                         AR20090017826



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ABCMR Record of Proceedings (cont)                                         AR20090017826



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