| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Raymond V. O'Connor, Jr. | Member | |
| Ms. Barbara J. Lutz | Member |
APPLICANT REQUESTS: Promotion to lieutenant colonel.
APPLICANT STATES: That she completed the Command and General Staff College on 22 May 1992. She is military occupational specialty qualified in Signal Corps and Military Intelligence. She has a master of arts degree completed on 31 October 1984 and was promoted to major on 4 December 1991. She also states that she has held the required positions for promotion to lieutenant colonel. Advancement in the Minnesota Army National Guard (MNARNG) Active Guard/Reserve (AGR) program for women to lieutenant colonel on the average is 10 to 12 years. She also states that the MNARNG Infantry Division is mainly made up of males and that additional temporary NGB-AGR positions can be acquired, above their allowed allotment. She submits a copy of her official military personnel file (fiche), a letter dated 3 January 2002 to The Adjutant General (TAG), State of MN and her Personnel Qualification Record dated 4 June 2002 in support of her request.
EVIDENCE OF RECORD: The applicant's military records show:
She was appointed in the MNARNG, Signal Corps, as a second lieutenant effective 25 August 1980.
She was promoted to first lieutenant effective 24 August 1983 and to captain 23 August 1985.
She was promoted to major effective 4 December 1991.
Based on the required 7 years time in grade her maximum time in grade (MTIG) date for promotion to lieutenant colonel was 3 December 1998.
She was considered and selected for promotion to lieutenant colonel by the 1997 Reserve Components Selection Board.
On 29 July 1998, she elected to delay promotion and continue to serve in the MNARNG AGR program.
On 3 January 2002, she requested a 1-year extension to her current tour in the AGR, with promotion, as a Detailed Inspector General at the Office of the Inspector General, Roseville, MN and promotion to lieutenant colonel. She stated that her current tour would expire 6 June 2002. She also stated her AGR retirement date is 21 October 2003.
On 17 January 2002, the MN TAG requested approval of the extension as a Detailed Inspector General for the applicant. He requested the extension be
approved to her AGR retirement date of 21 October 2003. His request did not include promotion to lieutenant colonel for the applicant. His request stated that the applicant would replace a lieutenant colonel scheduled for retirement in the summer of 2002.
On 20 February 2002, an official of the NGB IG office approved her request for extension and assignment until October 2003. The approval did not address her request for promotion to lieutenant colonel.
Title 10, United States Code, Section 14311(e)(2), specifies delay because of limitations on officer strength in grade or duties to which assigned under regulations prescribed by the Secretary of Defense, the promotion of a Reserve officer on the Reserve active-status list who is serving on active duty, or who is on full-time NG duty for administration of the Reserve or the NG, to a grade to which that strength limitations apply shall be delayed if necessary ensure compliance with those strength limitations. The delay shall expire when the Secretary determines that the delay is no longer required to ensure such compliance. The section also specifies that promotion shall be delayed while an officer is on duty unless the Secretary of the military department concerned determines that the duty assignment of the officer requires a higher grade than the grade currently held by the officer.
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 promotion to lieutenant colonel. She has not shown error, injustice, or inequity for the relief she now requests. She did not meet the requirement to be in a lieutenant colonel position for promotion purposes while in the AGR program.
2. The Board has noted her contention that she qualified for promotion to lieutenant colonel; however, she elected to delay her promotion and to continue to serve in the AGR. The applicant chose to stay in the MNARNG AGR program without promotion. She also has not shown that she has not been properly considered for promotion to lieutenant colonel.
3. It is also noted that she could have elected removal from the AGR program to accept the promotion to lieutenant colonel; however, she elected not to do so.
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
_JHL____ _BJL___ _RVO___ DENY APPLICATION
| CASE ID | AR2002074369 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020822 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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