| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Walter T. Morrison | Chairperson | ||
| Mr. Lester Echols | Member | ||
| Mr. Lawrence Foster | Member |
APPLICANT REQUESTS: Correction to her date of rank for major to
25 October 1997.
APPLICANT STATES: That she was denied correction to her date of rank by the unit in which she was assigned. They neglected to transfer her to a major’s position in the unit in which she was drilling. Rather than transfer her, she was involuntarily transferred to the Individual Ready Reserve (IRR). She should not have been transferred to the IRR, but transferred to a major’s position and given a date of rank concurrent with the transfer date. In support of her request she submits a memorandum of support, dated 21 October 2002, from her command, copies of her officer evaluation report (OER) for the period ending 19 February 1999, her reassignment orders dated 28 January 1998, and a request for reassignment (DA Form 4651-R) dated 21 October 1997.
EVIDENCE OF RECORD: The applicant's military records show:
She was appointed in the Reserve, Medical Services Corps, as a second lieutenant effective 9 June 1985.
She was appointed in the Nebraska Army National Guard (ARNG) effective 10 June 1987 and promoted to first lieutenant effective 8 June 1988.
She was appointed in the Kansas ARNG effective 7 January 1990 and promoted to captain effective 22 January 1991.
Effective 1 December 1992, she was transferred to the USAR Control Group (Reinforcement).
Based on the required 7 years time in grade, her maximum time in grade (MTIG) date for promotion to major was 21 January 1998.
She was considered and selected for promotion to major by the 1997 Reserve Components Selection Board, which recessed on 31 January 1997. The President approved the results of the board on 22 July 1997.
The applicant submitted a copy of a request for orders dated 21 October 1997, which shows that she was being assigned to a major’s position effective 1 November 1997. This request was filed in her official military personnel file.
Orders dated 28 January 1998, show she was transferred to the IRR to accept promotion to major effective 28 January 1998.
Orders dated 10 March 1998, shows she was reassigned from the USAR to the 455th Field Hospital with an effective date of 20 February 1998.
The OER for the period 20 February 1998 to 19 February 1999, shows she was serving in the rank of major with the principal duty title of Health Services Materiel Officer with the 455th Field Hospital.
The memorandum from her commander states that the DA Form 4651-R shows that the applicant had an approved request to transfer to a major’s position in the 455th Field Hospital. Her OER for the period 20 February 1998 through 19 February 1999, shows the applicant was working in and evaluated as being assigned to a major’s position in the 455th Field Hospital. Those documents show that the applicant was working in and should have been assigned to a major’s position. Her date of rank should be effective the date she began to serve in that position.
The Reserve Officer Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern the management of Reserve component officers. The law was implemented on 1 October 1996. ROPMA provides that in order to be eligible for promotion to major the MTIG for a major is 7 years, and that an officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completes the maximum service. ROPMA further specifies that the troop program unit officers must be serving in the active Reserve by the board convening date and serving in a position requiring the higher grade. Promotion cannot be effective prior to approval of respective boards by the President.
Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that time in grade for a commissioned officer is 7 years in the grade of captain for promotion to major. Promotion of officers previously non-selected but subsequently selected by a mandatory promotion board will be no earlier than the date the President approved the board results. The regulation also specifies that AGR officers will be promoted provided they are assigned to a position in the higher grade, and the date of rank will be the date the officer attained the MTIG or the date on which assigned to a position in the higher grade, and upon approval by the President and released.
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. The applicant is not entitled to adjustment of her date of rank for major to 25 October 1997. She has not shown error or injustice for the relief she is requesting.
2. The Board notes her contentions that her unit neglected to transfer her to a major’s position and she voluntarily transferred to the IRR for her promotion. Documentation submitted by the applicant shows that her unit requested orders for her to be assigned to a major’s position effective 1 November 1997 but orders were never issued.
3. The Board also noted that the applicant was promoted on 28 January 1998, the earliest date she could be promoted, based on her transfer to the IRR. Available orders also clearly show that she was assigned back to her unit effective 20 February 1998.
4. Applicable regulations clearly show that officers may be promoted if occupying a higher graded position or upon transfer to the IRR.
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
_LF_____ _WTM___ __LE____ DENY APPLICATION
| CASE ID | AR2002080762 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030626 |
| 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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