| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: Adjustment to his date of rank for major to 30 September 1999.
APPLICANT STATES: That his date of rank to captain was 1 October 1992. He also states that he has been assigned to a major position since 26 July 1999. He submits copies of his Officer Record Brief showing his dates of rank to captain and to major, his promotion orders to major and his orders showing assignment to a major position in support of his request.
EVIDENCE OF RECORD: The applicant's available military records show:
He was appointed in the Reserve from the Reserve Officers Training Corps, as a second lieutenant effective 27 May 1987.
He entered on active duty effective 27 October 1988. He was promoted to first lieutenant effective 26 May 1990 and to captain effective 1 October 1992.
Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to major was 30 September 1999.
He was considered and not selected by the 1998 and 1999 active duty list (ADL) promotions boards.
He was honorably discharged from active duty effective 10 July 1999.
He was appointed in the Reserve as a captain effective 11 July 1999 on the Reserve Active Status List (RASL).
He was ordered to active duty in the Active Guard/Reserve (AGR) program with a reporting date of 26 July 1999.
The Office of Reserve Promotions, Total Army Personnel Command (PERSCOM) verified that he was in a major position on his MTIG date of 30 September 1999.
He was considered and selected for promotion to major by the 2000 Reserve Components Selection Board (RCSB), which convened from 6 March to 6 April 2000. The President approved the results of the board on 19 July 2000.
He was promoted to major with a promotion effective date and date of rank of 19 July 2000.
Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers on the RASL. This regulation specifies that an officer is promoted after selection, if all qualifications are met. An officer selected by a mandatory promotion board that has a MTIG date before the approval date of the
board, the officer’s promotion date and effective date will be no earlier than the date of approval of the mandatory board by which recommended. In no case, will the date of rank or effective date of promotion be earlier than the date the board is approved.
This regulation further specifies that an officer will not be considered for a Reserve promotion unless in an active Reserve status not later than the date a respective RCSB convenes to be considered by that RCSB for a Reserve promotion.
The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant was selected for promotion to major by the 2000 RCSB with an MTIG date of 30 September 1999. He was subsequently promoted with a date of rank of 19 July 2000, the date the President approved the board. The applicant was in a higher graded position on his MTIG date; therefore, it was recommended that his date of rank be changed to 30 September 1999.
The opinion was forwarded to the applicant for acknowledgement/rebuttal on 18 June 2002 and he concurred on 8 July 2002.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. Notwithstanding the opinion from PERSCOM, the applicant is not entitled to adjustment of his date of rank for major to 30 September 1999, his MTIG date. The fact that he was in a major's position on his MTIG date is immaterial. He was not promotable at that time. He has not shown error or injustice for the relief he is requesting.
2. The Board notes his contention that he should have a date of rank of 30 September 1999 based on completion of 7 years as a captain. The Board concludes however, the applicant was properly considered when he was not selected for promotion to major in 1998 and 1999 while on the ADL. He was fairly considered for promotion but was not selected.
3. Subsequent to the applicant’s non-selections for promotion to major while on active duty, and his separation from active duty on 10 July 1999, he was properly considered for Reserve promotion by the 2000 RCSB, the first board held after his separation and transfer to the RASL. This board convened from 7 March to 6 April 2000, and was approved by the President on 19 July 2000. He was promoted immediately, on 19 July 2000, with a date of rank of 19 July 2000. His date of rank and promotion effective date are proper and he has not shown otherwise.
4. The Board also notes here that the applicant should not expect his date of rank to be changed to 30 September 1999, since he was on the ADL until 10 July 1999 and properly considered and not selected for promotion to major in that year by the 1999 ADL promotion board. It is also noted that the applicant should not expect his date of rank to be changed to his MTIG date as he had not been considered and selected for a Reserve promotion prior to that date.
5. 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.
6. 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
_HBO____ _MKP___ _CJP___ DENY APPLICATION
| CASE ID | AR2002070673 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020829 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | 131.01 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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