Mr. Carl W. S. Chun | Director | |
Ms. Stephanie Thompkins | Analyst |
Mr. Raymond V. O'Connor, Jr. | Chairperson | |
Mr. John P. Infante | Member | |
Ms. Eloise C. Prendergast | Member |
APPLICANT REQUESTS: Correction to his date of rank for major from October 1997 to April 1994 with subsequent adjustment to his date of rank for lieutenant colonel.
APPLICANT STATES: That he was selected for promotion to major by the 1993 board, while assigned to the Individual Ready Reserve (IRR), with an effective date of April 1994. In February 1994, he joined a troop program unit and was not promoted for 3½ years because it was claimed that he had declined the promotion upon joining the National Guard unit. When he was transferred back to the Reserve he was promoted. He also states that in early 2000 he was notified that he was in the zone for consideration to lieutenant colonel and he later found out that he had not been considered because of his date of rank for major. In support of his application he submits copies of his letter to the Lieutenant Colonel Army Medical Department (AMEDD) Selection Board, a letter of support from his former commander, a letter from the Deputy Chief, Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM), and a letter from his current commander.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed in the Reserve, AMEDD as a captain effective 20 April 1988, with 5 years, 6 months and 15 days constructive service credit.
He was considered and selected for promotion to major by the 1993 Reserve Components Selection Board (RCSB).
He was appointed in the Utah Army National Guard (UTARNG), Medical Corps Branch, as a captain effective 10 March 1994.
He transferred to the IRR effective 10 April 1997 and was promoted to major effective 11 April 1997. His date of rank for major was later adjusted to 6 October 1996.
On 16 March 2001, the Deputy Chief, Office of Promotions, Reserve Components, PERSCOM advised the applicant that promotion to major required 12 years time in service or 7 years time in grade and the promotion eligibility date (PED) was the later of the two dates. Therefore, his PED to major was 16 April 1997. He was recommended by the 1993 RCSB; however, before he could be promoted in the IRR he transferred to the Army National Guard. The National Guard was advised of his recommendation; however, because there were no major’s positions available he declined promotion for 3 years. Since a major’s position was still not available at the end of the 3 years, on 14 April 1997 he transferred to the IRR for promotion. Declining promotion is an option that only the officer can elect. When the officer elects this option he/she are advised that their date of rank will be adjusted. Based on this inquiry, his records were reviewed and the order transferring him to the IRR was located. The order showed an effective date of 5 October 1996; therefore, a correction memorandum was issued showing his date of rank for major as 6 October 1996. Based on the corrected date of rank, he is not eligible for promotion consideration to lieutenant colonel until 2002.
The Chief, Personnel Division, National Guard Bureau, expressed the opinion that the applicant was selected for promotion to major by the 1993 RCSB. The officer transferred to the ARNG before he could be promoted. He was not promoted during his 3 years in the Guard, as there were no major’s positions available to him. However, he was immediately promoted upon return to the Army Reserve in April 1997. The contentions appear to be, on the part of the Reserve, that the officer executed a declination of promotion upon entering the Guard. No one has been able to produce a hard copy documentation to back up this statement and the officer claims to not have signed any such paperwork. The Guard cannot make an informed decision, as they no longer maintain any of his files.
The advisory opinion was forwarded to the applicant for acknowledgement/
rebuttal on 14 April 2003. In his rebuttal dated 6 May 2003, he states that during his time in the ARNG he was initially advised that since he had been appointed as a captain, he was not in the zone for promotion to major. He was also told that he had not been in the unit long enough to be promoted. At no time was he advised of the lack of a major’s slot or was it suggested he decline his promotion. In early 2000, when he began to make inquiries, it was suggested that the lack of a major’s slot was the reason he was not promoted. It is his position that he did not knowingly decline a promotion.
Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that ARNG officers will be considered for promotion by mandatory promotion boards. The regulation also specifies that a voluntary promotion delay may be granted for up to 3 years. It also specifies that if an officer accepts a promotion prior to the expiration of a voluntary delay of promotion, the effective date will be the date of acceptance and extension of Federal Recognition. It is further specified that if an officer has a maximum time in grade date prior to the acceptance date during a delay, he/she is not entitled to their original maximum time in grade date.
The regulation also specifies that at the end of an approved period of delay, an ARNG officer must choose to be promoted in the higher grade if a higher-grade position is made available. If there is no higher-grade position, and the officer wants to be promoted, his/her Federal recognition will be withdrawn and they will be transferred to the IRR and promoted. If they choose to decline the promotion they will be removed from the promotion list.
The regulation further specifies that officers who transfer from ARNG status to Reserve TPU status at the expiration of an approved delay period are promoted effective the date of the transfer.
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. In view of the circumstances in this case, the applicant is not entitled to further correction to his date of rank for major. He has not shown error, injustice, or inequity for the relief he now requests.
2. The Board notes his contentions; however, as the applicant was advised in 2001, declining promotion is an option that only the officer can elect. The applicant elected to join the ARNG and continued to serve for 3½ years without being promoted. It is also noted that when he was appointed in 1988, he knew or should have known that effective 5 July 1993, he would complete 7 years time in grade; however, he would not have completed 12 years time in service until 16 April 1994 and he would be eligible for promotion consideration to major as early as 1994.
3. It is also noted that a search to locate an actual copy of the declination has met with negative results; however, by the applicant’s own admission he was advised in late 1994 that he had been selected for promotion to major and did not request a transfer to accept the promotion until October 1996. It is also noted that he waited until 2000 to inquire about his date of rank for promotion and, based on that inquiry, a review of his records was completed and his date of rank was adjusted accordingly. The applicant’s promotion to major with a date of rank of 6 October 1996 has been correctly established. He has not shown otherwise.
4. Based on the correction to his date of rank for major, he was eligible for promotion consideration to lieutenant colonel in 2002. The Board is not aware of the outcome of that consideration and the applicant has not provided evidence of his consideration, selection, or non-selection under the 2002 criteria.
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
_ELP____ _JPI_____ _RVO__ DENY APPLICATION
CASE ID | AR2002080066 |
SUFFIX | |
RECON | |
DATE BOARDED | 20030612 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 131.00 |
2. | 131.05 |
3. | |
4. | |
5. | |
6. |
ARMY | BCMR | CY2008 | 20080006638
The applicant requests, in effect, adjustment to his date of rank (DOR) for captain from 10 April 1998 to 2 October 1997 and adjustment to his DOR for major from 2 June 2004 to the approval date of the 2003 Reserve Components Selection Board (RCSB). The Reserve Officer Personnel Act in effect prior to ROPMA required completion of 3 years as a second lieutenant and 4 years as a first lieutenant before promotion to captain. As a result, the Board recommends denial of so much of the...
ARMY | BCMR | CY2006 | 20060009121C070205
At the time of his selection for promotion to major on 5 March 1991, he was an ARNG officer. The applicant was considered and not selected for promotion to major while on active duty. The applicant should have been considered for promotion to major by a mandatory Reserve promotion board one year after the date of his transfer to the IRR in 1994 and again in 1995.
ARMY | BCMR | CY2009 | 20090009463
The Reserve Officer Personnel Act in effect prior to ROPMA required completion of 3 years as a second lieutenant and 4 years as a first lieutenant before promotion to captain. The applicant is not entitled to adjustment of his date of rank for major from 2 June 2004 to 17 July 2003, the approval date of the 2003 RCSB, as there is no evidence he was considered and selected for promotion by this board. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090010684
The applicant requests correction of his records to adjust his date of rank for captain from 27 August 1997 to 20 July 1995 and his date of rank for major. Army Regulation 135-155, currently in effect, specifies troop program unit officers selected by a promotion board will have a promotion effective date no earlier than the approval date of the board, provided that they are assigned to a position in the next higher grade. The evidence also shows that based on the applicants date of rank...
ARMY | BCMR | CY2008 | 20080005532
The evidence of record shows the applicant was recommended for promotion to major by the 2003 RCSB and he elected to decline the promotion until 24 February 2007. He was separated from the PAARNG effective 30 April 2005 and transferred to the Retired Reserve. Had the applicant been transferred to the IRR on 30 April 2005, he would have been eligible for promotion to major on the date after his transfer, 1 May 2005.
ARMY | BCMR | CY2006 | 20060002411C070205
The applicant requests, in effect, correction to his rank at time of appointment in the Dental Corps from first lieutenant to captain and adjustment to his date of rank for major. The applicant was appointed as a Reserve Commissioned Officer of the Army in the SDARNG, Dental Corps Branch, as a first lieutenant, effective 1 March 1997, with a date of rank of 25 December 1993. In an advisory opinion, dated 24 April 2006, the Chief, Promotions Branch, Office of Promotions, Reserve Components,...
ARMY | BCMR | CY2008 | 20080010402
The applicant requests, in effect, promotion to lieutenant colonel. In an advisory opinion, dated 22 October 2008, the Chief, Special Actions Branch, DA Promotions, AHRC, St. Louis, stated that the applicant was selected for promotion to lieutenant colonel by the 1993 RCSB with a PED of 7 August 1994. There is no evidence the flag was removed and since he remained under the flag until he retired, he was not eligible for the promotion to lieutenant colonel.
ARMY | BCMR | CY2005 | 20050013113C070206
The ARPERSCOM, St. Louis, issued the applicant a promotion memorandum, dated 24 November 1999, announcing his promotion to captain with a promotion effective date and date of rank of 30 October 1999, the date after withdrawal of his Federal recognition and his transfer to the Individual Ready Reserve (IRR) on 29 October 1999. The applicant also stated that he was in the ARNG when promoted to captain on 29 October 1999. Records show the applicant should have discovered the alleged error...
ARMY | BCMR | CY2006 | 20060005544C070205
The applicant requests, in effect, adjustment to his promotion effective date and date of rank for lieutenant colonel (LTC) from 21 February 2006 to 12 January 2006. The NGB was issued an Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty memorandum, dated 12 January 2006, indicating the applicant's selection for promotion to LTC by the 2005 Reserve Components Selection Board (RCSB) that adjourned on 30 September 2005. The MOARNG published order number 038-213,...
ARMY | BCMR | CY2005 | 20050011572C070206
On 27 November 1996, the ABCMR approved the recommendation to correct his record to show he was selected for promotion to major under the 1993 criteria by a special selection board (SSB) that adjourned on 12 August 1996 and void his discharge. The HRC, St. Louis, issued a Notification of Promotion Status memorandum, dated 22 March 2004, advising the applicant of his non- selection for promotion to lieutenant colonel by a SSB under the 2001 year criteria. Notwithstanding the NGB advisory...