Mr. Carl W. S. Chun | Director | |
Ms. Stephanie Thompkins | Analyst |
Mr. Fred N. Eichorn | Chairperson | |
Ms. Margaret K. Patterson | Member | |
Mr. Lester Echols | Member |
APPLICANT REQUESTS: Correction to his date of rank for captain.
APPLICANT STATES: In effect, that he has been promotable since 12 July 1998. According to regulations, since he was selected on 12 July 1998, once he is in a position with a promotion packet turned in, then he should be promoted. He further states that he was not given orders for his current position until May 2000 and officer evaluation problems delayed his promotion further. Since he was promotable on 12 July 1998 and was in a captain position as of 10 September 1999 with a promotion packet, he feels his DOR should be backdated. He submits copies of his promotion selection letter dated 30 July 1998, transfer order dated 9 December 1999, State promotion order dated 8 December 2000, Federal Recognition Order dated 24 January 2001 and a National Guard Bureau Promotion Memorandum dated 24 January 2001 in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed in the Texas Army National Guard (TX ARNG) as a second lieutenant effective 14 July 1990. He remained in the TX ARNG as an M-Day (Mobilization) soldier. He was promoted to first lieutenant effective 13 July 1993. His maximum time in grade date for promotion to captain was 12 July 1997.
He was considered and selected for promotion to captain by the 1997 Reserve Components Selection Board.
An Army Personnel Command promotion memorandum dated 30 July 1998 was issued to him indicating his promotion effective date and date of rank for captain as 12 July 1998. It also specified that the effective date will be the latter of the following dates: a. 12 July 1998, b. Date Federal Recognition is extended in the higher grade, or c. Date following the date Federal Recognition is terminated in current Reserve Grade.
On 30 July 1998, the applicant elected a voluntary delay of his promotion to captain until 12 July 2001. He did not explain the reason for his request. The third year of his request was approved with an expiration date of 12 July 2001.
On 9 December 1999, a transfer order was issued showing his assignment to a captain position within the TX ARNG with an effective date of 11 September 1999.
On 8 December 2000, the promotion delay was terminated and the TX ARNG promoted him to captain effective 8 December 2000. The memorandum advised him that he would not be paid as a captain until extension of Federal Recognition.
On 24 January 2001, Federal Recognition was extended to the applicant by the National Guard Bureau for promotion to captain effective 24 January 2001.
Current promotion policy pertinent to this case specifies that a voluntary promotion delay may be granted for up to 3 years. It also specifies that if an officer accepts a promotion prior to the expiration of a voluntary delay of promotion, the effective date will be the date of acceptance and extension of Federal Recognition. It is further specified that if an officer has a maximum time in grade date prior to his acceptance date during a delay, he is not entitled to his original maximum time in grade date.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
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 Board has noted his contention that his date of rank should be corrected since he was promotable on 12 July 1998, his maximum time in grade date. However, the applicant voluntarily executed a delay of promotion with an expiration date of 12 July 2001. Prior to the expiration date and after his maximum time in grade date he was transferred to a captain’s position and at the time did not request withdrawal of his delay request. His delay of promotion was not terminated until 8 December 2000, upon his promotion and acceptance of promotion to captain and extension of Federal Recognition. Federal Recognition was extended effective 24 January 2001.
3. The applicant’s promotion to captain effective 24 January 2001 was proper. He has not shown otherwise.
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 has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_FNE____ _MKP___ _LE____ DENY APPLICATION
CASE ID | AR2001057103 |
SUFFIX | |
RECON | |
DATE BOARDED | 20020207 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 131.00 |
2. | 131.10 |
3. | |
4. | |
5. | |
6. |
ARMY | BCMR | CY2005 | 20050013113C070206
The ARPERSCOM, St. Louis, issued the applicant a promotion memorandum, dated 24 November 1999, announcing his promotion to captain with a promotion effective date and date of rank of 30 October 1999, the date after withdrawal of his Federal recognition and his transfer to the Individual Ready Reserve (IRR) on 29 October 1999. The applicant also stated that he was in the ARNG when promoted to captain on 29 October 1999. Records show the applicant should have discovered the alleged error...
ARMY | BCMR | CY2001 | 2001064403C070421
It also specified that the effective date will be the latter of the following dates: a. It appears that prior to his expiration date he was promoted to captain with a date of rank of 5 January 1998, which has been established as his MTIG date. The applicant’s records show he was extended Federal Recognition effective 3 November 1998, which is his promotion effective date for captain.
ARMY | BCMR | CY2005 | 20050001174C070206
Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant, as an ARNG officer was granted an interim clearance on 20 August 2003, was reassigned to the IRR effective 19 November 2003, and he was never promoted. Had the Office of Promotions, HRC - St. Louis, been aware that the applicant had been granted an interim clearance at the time of his assignment to the IRR, the applicant would have been promoted the date after his...
ARMY | BCMR | CY2005 | 20050001174C070206
The applicant also states that he submitted a request for a delay of promotion on 4 August 2002 and the request was approved on 17 September 2002. The applicant, as an ARNG officer was granted an interim clearance on 20 August 2003, was reassigned to the IRR effective 19 November 2003, and he was never promoted. The applicant is not entitled to correction of his date of rank to major to 5 March 2002, based on his approved request for delay of promotion until 24 July 2004.
ARMY | BCMR | CY2006 | 20060000484C070205
He further stated that affected individuals would be advised they could seek relief from the Army Board for Correction of Military Records (ABCMR) which could adjust DOR’s for those who were first-time considered and selected for promotion to captain, after having served more than 7 combined MYIG as a lieutenant. The Reserve Officer Personnel Act in effect prior to ROPMA required completion of 3 years as a second lieutenant and 4 years as a first lieutenant before promotion to captain. In...
ARMY | BCMR | CY2006 | 20060006293C070205
The applicant provides copies of his captain promotion memorandum, his memorandum requesting consideration by a special selection board (SSB), his active duty orders, his eligibility for promotion memorandum, and his Federal recognition and major promotion orders, in support of his application. He was promoted to captain effective 14 January 1999, with a corrected date of rank of 1 July 1998. A NGB Personnel Division official stated that the applicant was selected for promotion to captain...
ARMY | BCMR | CY2005 | 20050003054C070206
Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant was originally appointed as a second lieutenant with a date of rank of 8 January 2000 and, based on the required completion of 2 MTIG, and any OBC, he was promoted to first lieutenant effective 10 January 2002. Therefore, it would be appropriate to correct his records to show he was promoted to first lieutenant effective 6 August 2001.
ARMY | BCMR | CY2004 | 20040001394C070208
The applicant provides his first lieutenant promotion orders; his captain promotion orders; his Federal recognition orders; a DD Form 214 (Certificate of Release or Discharge from Active Duty) with a period ending 6 October 2003; a Personnel Qualification Record (Commissioned Officer) dated 7 May 2004; and a prior Board case. They also noted that the effective date of promotion in the Army National Guard of the United States (ARNGUS) would be the date permanent Federal Recognition orders...
ARMY | BCMR | CY2009 | 20090013513
By memorandum on 2 September 1998, the NGB promoted the applicant to the rank of 1LT as a Reserve commissioned officer of the Army. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), effective 1 February 1998, paragraph 4-17 stated a qualified 1LT would not be promoted before the date of completion of 3 years of promotion service with two specified exceptions (neither of which applied to the applicant). Therefore, it would...
ARMY | BCMR | CY2008 | 20080014541
The applicant provides copies of a 27 October 1997 memorandum for record; his 1999 and 2007 OERs; a 30 June 2000 Army National Guard (ARNG) memorandum; United States Army Human Resources Command, St. Louis (HRC-STL), Missouri, Orders M-10-504460; 10 April 2006 deployment orders; a 2007 Physical Profile; a March 2007 Bronze Star Medal certificate; and several electronic mail communications. With his rebuttal to an advisory opinion, the applicant also provides copies of an excerpt from a...