| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. JoAnn H. Langston | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. Richard T. Dunbar | Member |
2. The applicant requests, in effect, that his captain (CPT) date of rank (DOR) be changed to 22 August 1999.
3. The applicant states, in effect, that his military records currently show his DOR to CPT as 7 September 1999. He states that he was selected for promotion to CPT by the 2 June 1999, Army Competitive Board, while serving on active duty. He claims that prior to being promoted to CPT, he was (REFRAD) and transferred to the United States Army Reserve (USAR). On 22 August 1999, he entered the Active Guard Reserve (AGR) program. He states that in accordance with the governing regulations, his active duty promotion list status should have carried over into the USAR and he should have been promoted to CPT immediately upon joining his AGR unit on 22 August 1999. In support of his application, he submits copies of his promotion memorandum to CPT, separation document (DD Form 214), separation orders, AGR active duty orders, and the active duty Fiscal Year (FY) 1998 (98) Promotion List published by Department of the Army (DA).
4. The applicant’s military records show that he served on active duty for
4 years, from 22 August 1995 through 21 August 1999, at which time he was honorably released from active duty (REFRAD) and transferred to the USAR. At the time of his separation from active duty he held the rank of first lieutenant.
5. Effective 22 August 1999, he was assigned in the AGR into a CPT’s position.
6. The FY98 Promotion List for Captain, Army Competitive Category, published by the Total Army Personnel Command (PERSCOM), Alexandria, Virginia, on
9 September 1998, contains the applicant’s name and confirms that he was selected for promotion while serving on active duty and that he was assigned a promotion sequence number of 3216.
7. Orders Number R-07-004882, dated 10 July 1999, issued by the US Army Reserve Personnel Command (ARPERSCOM), St. Louis, Missouri, confirm that the applicant was ordered to active duty in an AGR status commencing on
22 August 1999, and that he was assigned to the 90th Regional Support Command, North Little Rock, Arkansas.
8. On 15 September 1999, PERSCOM, St, Louis, Missouri, Office of Promotions, Reserve Components (RC) issued the applicant a memorandum authorizing his promotion to CPT, effective 7 September 1999.
9. In connection with the processing of this case, the Board requested and received an advisory opinion from the Chief, Special Actions Branch, Office of Promotions, RC, PERSCOM, St. Louis. It states that the applicant was selected for promotion by the FY98 Army Competitive Category Promotion Board while serving on active duty. Further, prior to being REFRAD on 21 August 1999, he was assigned to the AGR program. Based on his assignment to a Reserve status on 22 August 1999, he is eligible for a CPT DOR of 22 August 1999. In view of these facts, RC promotion officials recommend the applicant’s DOR be corrected to 22 August 1999. The applicant was provided a copy of this advisory opinion in order to have the opportunity to respond. On 28 August 2002, he provided his concurrence with the opinion.
10. DOD Directive 1310.1 (Rank and Seniority of Commissioned Officers) establishes the DOD policy for determination of the dates of rank and the precedence of commissioned officers on the Active Duty List (ADL) and the Reserve Active Status List (RASL). It states, in pertinent part, that an officer on active duty and on a promotion list as a result of selection for promotion, and who before being promoted is removed from the ADL and placed on the RASL of the same Armed Force, shall be placed on an appropriate promotion list. The effective date of promotion and DOR shall be the same as if the officer had been selected to the grade concerned by the promotion board for RASL officers. If the Secretary of the service concerned determines circumstances exist such that an inequity would result in following the foregoing method in determining DOR, he or she may set the date of rank.
CONCLUSIONS:
1. The Board notes the applicant’s contention that his 7 September 1999 CPT DOR should be changed, and it finds this claim has merit.
2. Policy established in DOD Directive 1310.1 directs that an officer on active duty and on a promotion list as a result of selection for promotion, and who before being promoted is removed from the ADL and placed on the RASL of the same Armed Force, shall be placed on an appropriate promotion list. The effective date of promotion and DOR shall be the same as if the officer had been selected to the grade concerned by the promotion board for RASL officers.
3. The evidence of record confirms that the applicant was selected for promotion to CPT by an active duty Promotion Board and placed on the active duty Promotion Standing List that was released on 9 September 1998. He was subsequently REFRAD on 21 August 1999 and transferred to the USAR and assigned to an AGR CPT position on 22 August 1999, without his ADL promotion standing list status being considered or transferred to the appropriate RASL at the time.
4. Therefore, in the interest of justice and equity, the Board concludes that the applicant’s CPT promotion effective date and DOR should be changed to
22 August 1999, and that he should be provided all back pay and allowances due as a result.
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to captain/0-3 on
22 August 1999; and by providing him all back pay and allowances due as a result.
BOARD VOTE:
__JHL__ __MVT__ ___RTD__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___JoAnn H. Langston _
CHAIRPERSON
| CASE ID | AR2002075956 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/10/17 |
| 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. | 131.0400 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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