| Mr. Carl W. S. Chun | Director | |
| Mrs. Victoria A. Donaldson . | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Ms. Gail J. Wire | Member |
2. The applicant requests correction of his records to show his date of rank (DOR) to lieutenant colonel (LTC) as 1 April 2000.
3. The applicant states, in effect, that his DOR for major was incorrectly entered as 23 May 1995 in the Standard Installation/Division Personnel System (SIDPERS). This error resulted in failure of his records to be considered by the Fiscal Year (FY) 1999 Army Promotion List (APL) Lieutenant Colonel Reserve Component Selection Board (RCSB). He also contends that the Adjutant General of the State of Indiana intended to promote him to the rank of LTC in a unit vacancy position effective 1 April 2000.
4. In support of his application, the applicant submitted a 14 October 2001 memorandum from the Commanding General, 38th Infantry Division, Indiana Army National Guard; a 5 October 2000 self-authored statement; a 23 July 2001 memorandum from the Commander of the 38th Division Aviation Brigade; a 6 August 2000 memorandum from the Commander of the 38th Division Aviation Brigade; copies of e-mails and a 27 March 2000 information paper.
5. The applicant’s military records show that he was a graduate of the U. S. Military Academy at West Point, New York, was commissioned a second lieutenant and was ordered to active duty on 27 May 1981. He was promoted to first lieutenant on 27 November 1982 and to captain on 1 December 1984. The applicant transferred to the United States Army Reserve on 15 July 1987 and was promoted to major on 30 August 1993. He was appointed in the Indiana Army National Guard on 23 May 1995
6. The applicant's records show, based on the required 7 years time in grade, his maximum years of service in grade (MYIG) date for promotion to lieutenant colonel was 30 August 2000.
7. Department of the Army Memorandum, dated 22 December 1994, SUBJECT: Promotion as a Reserve Commissioned Officer of the Army shows his date of rank to major as 30 August 1993.
8. The applicant provided a 14 October 2001 memorandum from the Commanding General, 38th Infantry Division, Indiana Army National Guard, stating that he concurs with applicant's request for adjustment of his date of rank to 1 April 2000. He stated, "The mistake was due to a processing error and should in no manner be attributed back to the officer."
9. The applicant also provided a 23 July 2001 memorandum from the Commander of the 38th Division Aviation Brigade that states, "[the applicant's] date of rank for major was incorrectly entered into SIDPERS as 23 May 1995. The correct date was 30 August 1993. A Division Career Board recommended [applicant] for promotion to LTC as the Aviation Brigade Executive Officer allegedly prior to his first ROPMA consideration."
10. Records show that the zone of consideration for the FY99 LTC RCSB was officers with a date of rank to major prior to 1 January 1994. The RCSB convened on 8 September 1999 and adjourned on 8 October 1999. The applicant's date of rank of 30 August 1993 was prior to the 1 January 1994 cutoff; therefore he was within the zone of consideration. Based on the zone of consideration for promotion to LTC, the FY99 LTC RCSB should have considered the applicant's records.
11. The Department of the Army list of officers eligible to be considered by the FY99 LTC RCSB does not show the applicant's name.
12. Section 14304 of Title 10 United States Code provides the legal authority for eligibility for consideration for promotion based on maximum years of service in grade provisions of the law. Subsection (a) states, in pertinent part, that officers shall be placed in the promotion zone and shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a) of this title, far enough in advance of completing the maximum years of service in grade so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service. The table in subsection (a) establishes the maximum years of service in grade for a captain to be promoted to major as seven years and for a major to be promoted to lieutenant colonel as seven years.
13. Section 14301(b) of Title 10 of the United States Code governs requirements for consideration of all officers in and above the zone. It states whenever a promotion board (other than a vacancy promotion board) is convened under section 14101(a) of this title for consideration of officer in a competitive category who are eligible under this chapter for consideration for promotion to the next higher grade, each officer in the promotion zone, and each officer above the promotion zone, for that grade and competitive category shall be considered for promotion.
14. National Guard Regulation 600-100 (Commissioned Officers-Federal Recognition and Related Personnel Actions) states in section 8-7c that States will not promote a commissioned officer who is being considered by a Headquarters, Department of the Army Selection Board from the time the board convenes until its recommendations are announced.
15. Section 14502a (1) of Title 10 of the United States Code states in the case of an officer or former officer who the Secretary of the military department concerned determines was not considered for promotion from in or above the promotion zone by a mandatory promotion board convened under section 14101(a) of this title because of administrative error, the Secretary concerned shall convene a special selection board under this subsection to determine whether such officer or former officer should be recommended for promotion.
16. Army Regulation 135-155 (Promotion of Commissioned Officer and Warrant Officers Other Than General Officers) states in paragraph 3-19a that officers and warrant officers who have either failed selection for promotion or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a promotion advisory board or a special selection board as appropriate. Section 3-19 c states "These boards are convened to correct/prevent an injustice to an officer or former officer who was eligible for promotion but whose records – (1) Through error, were not submitted to a mandatory promotion selection board for consideration". Section 3-19 d(1) further states that "Records of officers or former officers will be referred for special selection board action when the Office of Promotions Reserve Components (RC) determines the following: (1) An officer was eligible for promotion consideration; however, the officer's records were, through error, not submitted to a mandatory promotion selection board."
17. Chapter 1407 of Title 10 of the United States Code governs special selection boards and correction of errors. Subsection 14502e(2) states that an officer who is promoted to the next higher grade as the result of a special selection board convened under this section shall, upon such promotion, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the reserve active-status list as the officer would have had if the officer had been recommended for promotion to that grade by the selection board which would have considered, or did consider, the officer.
CONCLUSIONS:
1. Based on a DOR to major of 30 August 1993, the applicant's maximum years of service in grade date for promotion to lieutenant colonel was 30 August 2000.
2. Based on the applicant's MYIG he was eligible for consideration for promotion to the rank of LTC by the FY99 LTC RCSB.
3. Evidence of record shows that, although eligible for consideration for promotion by the FY99 LTC RCSB, the applicant was erroneously not considered due to an administrative error in the SIDPERS database. Evidence shows this error occurred through no fault of the applicant.
4. As a result of the applicant's eligibility for promotion to LTC by a RCSB, he was not eligible for promotion under unit vacancy criteria.
5. The applicant was subsequently considered and selected by the FY 2000 RCSB for promotion to LTC. He was promoted to LTC in the Indiana Army National Guard with an effective date of 20 April 2001.
6. The Board noted the chain of command's support of the applicant's request to change his DOR. However, based on the applicant's eligibility to be considered by the FY99 RCSB, he is not eligible for promotion under unit vacancy criteria.
7. Based upon the applicant's failure to be considered by the FY99 RCSB, he is now entitled to consideration by a Special Selection Board (SSB) for promotion to LTC under the FY99 criteria.
8. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.
RECOMMENDATION:
1. That the records of the individual concerned are placed before a Special Selection Board for consideration for promotion to LTC under the FY99 RCSB promotion criteria.
2. That if selected for promotion by a SSB, then he shall be notified of this selection and promoted to LTC with an appropriated date of rank and paid the difference between major/pay grade 04 and LTC/pay grade 05 from his date of rank through 19 April 2001.
3. That, if he is not selected for promotion to LTC by the SSB then he shall be so notified.
4. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
___INW__ __RJW__ __GJW__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
______________________
CHAIRPERSON
INDEX
| CASE ID | AR2002067143 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020312 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.0000.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2007 | 20070004568C071108
The applicant states, in effect, that his date of rank for promotion to major should be adjusted to his promotion eligibility date (PED) which is 28 February 2000. He asks that the Board find validity in the U.S. Code, favorably grant his request to change his date of rank to major and submit his records to be reviewed in accordance with the “2005 LTC APL Board criteria.” Finally, he requests that if the Board finds in his favor, that he be awarded all lost major’s pay from 29 February 2000...
ARMY | BCMR | CY2004 | 2004104037C070208
Records show that applicant's promotion eligibility date for lieutenant based on 7 years time in grade as a major is 22 February 2000. Records show that the applicant was recommended for promotion by the 1999 RCSB for promotion to lieutenant colonel. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 1. showing that the applicant was promoted to lieutenant colonel with an effective date of 22 February 2000; 2. amending...
ARMY | BCMR | CY2006 | 20060009116
He indicates that this error has since been corrected and asks that the effective date of promotion be corrected to 30 August 2005, the date he reached his maximum years in grade (MYIG) requirement for promotion LTC, or 30 December 2005, the date the fiscal year 2005 LTC promotion board was approved. Title 10, United States Code, Section 12203 (a) states: Appointments of Reserve officers in commissioned grades of lieutenant colonel and commander or below, except commissioned warrant...
ARMY | BCMR | CY2005 | 20050005724C070206
The applicant requests correction of his records to show his date of rank to lieutenant colonel (LTC) as 16 February 2002. The applicant provided a self-authored letter in which he stated that he requested approval to go before the 2005 United States Army Reserve Colonel Promotion Board. The advisory opinion further stated that the fact that the applicant remained with his unit to fulfill duties and ensure a smooth transition for the incoming commander kept the applicant in a major...
ARMY | BCMR | CY2006 | 20060009100
The applicant provides a copy or her promotion memorandum, dated 24 June 1998, which shows that she was promoted to lieutenant colonel effective 29 May 1998, with a date of rank (DOR) of 29 May 1998. Notwithstanding the advisory opinion provided in this case, ROPMA specifies that an officer cannot be promoted to the next higher grade prior to the approval date of the promotion board; however, this does not preclude a change to the applicants date of rank to her PED, based on MYIG...
ARMY | BCMR | CY2006 | 20060012131C070205
The applicant requests, in effect, an adjustment of his date of rank for major from 6 May 2001 to 6 May 2000 and promotion consideration to lieutenant colonel by a special selection board (SSB). Army Regulation 135-155, paragraph 418, the Chief, Office of Promotions, Reserve Components, HRC, St. Louis, is authorized to adjust the promotion effective date and date of rank for an officer whose promotion has been delayed. Paragraph (b) states, in effect, that a Reserve components officer who...
ARMY | BCMR | CY2009 | 20090001688
In the processing of this case, on 17 March 2009, a staff advisory opinion was obtained from the Human Resources Command, St. Louis (HRC-STL), which explains that the applicant's DOR as a Reserve Component (RC) MAJ was 3 April 1998, which made him eligible for promotion to the rank of LTC on 2 April 2005, based on the 7-year time in grade requirement. The applicant's orders specified that his DOR would be adjusted to the date he entered active duty, which directly affected his promotion...
ARMY | BCMR | CY2001 | 2001059931C070421
The applicant states, in effect, that his promotion notification letter to major shows that his effective date of promotion to major is 3 January 2000. Based on the Reserve Officers Personnel Management Act (ROPMA), the effective date of promotion for an officer cannot be prior to the date the President of the United States approves the promotion board results. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted...
ARMY | BCMR | CY2004 | 20040005904C070208
Records show that the applicant was recommended for promotion by the 1998 RCSB for promotion to lieutenant colonel. There is no evidence that the applicant was promoted to lieutenant colonel or served in the rank of lieutenant colonel during the period from 22 July 1999 until he was promoted to lieutenant colonel on 17 June 2004. As a result, the Board recommends denial of so much of the application as requests correction of his promotion date to 22 July 1999 and correction of his OERs for...
ARMY | BCMR | CY2006 | 20060009543C071113
The result would have been that he would have been promoted to Colonel prior to the conduct of the 2003 Mandatory Promotion Board from Lieutenant Colonel to Colonel. The applicant believes his discussion that was provided to the ABCMR in response to the unfavorable opinion submitted to this Board from the National Guard Bureau shows that the ABCMR should now grant full relief to his request for promotion to colonel. There is no evidence of record, and the applicant has failed to provide...