| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Stanley Kelley | Member | |
| Ms. Gail J. Wire | Member |
APPLICANT REQUESTS: That the effective date of his promotion to major be corrected to 21 February 1998.
APPLICANT STATES: In effect, he can find no regulation that allows for the withholding of promotion beyond a member’s maximum time in grade.
EVIDENCE OF RECORD: The applicant's military records show that:
The applicant, a Reserve officer currently serving on active duty in the Active Guard/Reserve (AGR) program, was promoted to captain (O-3) on 3 March 1992 and to his current rank, major (O-4), effective 31 August 1998.
The applicant’s file went before the 1998 major promotion board, which recessed on 24 April 1998 and the recommendations of that board were forwarded to the President for approval. The President approved the recommendation on 31 August 1998. Based upon the date of the President’s approval of the promotion board’s recommendations, the applicant was promoted to major effective 31 August 1998.
Army Regulation 135-155 prescribes policy and procedures used for selecting and promoting commissioned officers of the U.S. Army Reserve (USAR). In pertinent part, it states that first consideration for promotion will occur well in advance of the date the officer will complete the time in grade (TIG) requirements in Table 2-1. Table 2-1 lists the TIG requirements for major as a minimum of 4 years and a maximum of 7 years. It also states that upon completion of the recommendations of the selection board the recommendations are forwarded to the President for approval. A promotion memorandum is to be prepared after the President has approved the promotion board recommendations. The effective date of promotion for commissioned officers may not precede the date on which the promotion memorandum is issued.
During the processing of this case an advisory opinion was obtained from the Total Army Personnel Command. The Chief, Special Actions Branch, Reserve Components noted that the applicant’s promotion eligibility date to major was 28 February 1999, based on his date of promotion to captain. However the applicant was serving in a position requiring the higher rank as of 22 February 1998. He further noted that an officer cannot be promoted until after the President has approved the recommendation. He opined that, since the President did not approve the recommendation until 31 August 1998, this was the earliest date that the applicant could legally be promoted and recommended that the applicant’s request be denied.
A copy of the advisory opinion was forwarded to the applicant. The record does not contain an indication of any rebuttal by the applicant.
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, it is concluded:
1. The applicant was properly considered by the 1998 selection based on his years of service and date of promotion to captain. Even though he was serving in a position requiring the higher rank on 22 February 1998, in accordance with regulation, the earliest date that any officer recommended by that board is the date that the President approved the recommendations, 31 August 1998.
2. Therefore, the Board concludes that there is no evidence that would support a promotion date prior to the date that the 1998 board recommendations were approved by the President, 31 August 1998.
3. 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.
4. 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.
| CASE ID | AR2002077286 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030522 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | Date of promotion |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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