| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, that she be promoted retroactively.
APPLICANT STATES: In effect, that her promotions have been unjustly delayed and she desires promotion with a retroactive effective date and date of rank. She goes on to state that her suspension of favorable personnel actions (Flag) was to be lifted in October 1999, but was not lifted until July 2001. During the time she was flagged, her license was suspended and she tried to make alternate arrangement to attend drills. However, her commander never contacted her as she was led to believe and she was unknowingly transferred to the United States Army Reserve (USAR) Control Group (Individual Ready Reserve - IRR). As soon as she discovered this, she sought another unit and is currently assigned to another troop program unit (TPU) and believes that she has done everything asked of her by both her former unit and present unit.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the USAR in Harrisburg, Pennsylvania on 11 December 1997, for training as a wheel vehicle mechanic and assignment to a TPU in Lewistown, Pennsylvania. She entered active duty for training on 14 January 1998, successfully completed her training on 9 June 1998 and was returned to her USAR unit. She applied to the Board on 27 November 2001, while serving in a TPU in Lewistown, Pennsylvania, in the pay grade of E-2.
In the processing of this case an advisory opinion was provided by the Army Reserve Personnel Command (ARPERSCOM) which opined that during the time frame in question, the applicant was flagged and was not attending drills, which subsequently resulted in her being transferred to the USAR Control Group (IRR), for unsatisfactory performance. Therefore, she was not in good standing and was not entitled to advancements or promotions. The opinion was forwarded to the applicant for comment and to date, no response has been received by the staff of the Board.
Army Regulation 140-158 serves as the authority for USAR enlisted promotions. It provides, in pertinent part, that the only promotions that are automatic is the advancement to the pay grade of E-2, unless the commander submits documentation to block the advancement for cause or unless the member is under a suspension of favorable personnel actions. Otherwise, the promotion to the pay grade of E-2 will occur once the individual has 6 months of service.
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 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.
2. Although the applicant has not been specific in her request regarding which promotions she is referring to, the only automatic advancement which a soldier may receive is the promotion to the pay grade of E-2. However, that promotion may be delayed or denied if the commander takes action to do. Accordingly, in the absence of evidence to the contrary, the Board must presume that the actions in this case were handled in accordance with the applicable regulation.
3. 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
__fe ____ ___ra ___ ___hbo__ DENY APPLICATION
| CASE ID | AR2001066210 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/06/11 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 315 | 131.0400/DOR |
| 2. | |
| 3. | |
| 4. | |
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| 6. |
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