| 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 his date of rank for first lieutenant to 27 June 2000.
APPLICANT STATES: He submitted his promotion packet for first lieutenant after having served 2 years as a second lieutenant. His packet was never forwarded and he was fully qualified for promotion to first lieutenant on 27 June 2000. In support of his application, he submits copies of his officer basic course completion certificate, his officer evaluation reports for the period ending 30 March 1999, his Oath of Office, his Federal Recognition for initial appointment, and his State appointment orders.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed in the Virginia Army National Guard (ARNG) as a second lieutenant effective 27 June 1998.
Based on the required 2 years time in grade, his maximum time in grade (MTIG) date for promotion to first lieutenant was 26 June 2000.
The Chief, Personnel Division, Departments of the Army and the Air Force, National Guard Bureau (NGB), expressed the opinion that in accordance with Army Regulation 135-155 the applicant was eligible for promotion to first lieutenant on 27 June 2000. The Reserve Officer Personnel Management Act (ROPMA) provides that second lieutenants not qualified for promotion at 24 months of commissioned service must be retained for 6 months and The Adjutant General of the state concerned may request an additional 12 months extension (total 42 months). However, this only pertains to second lieutenants who are not qualified for promotion. It cannot be determined if the applicant was qualified since his packet was not reviewed/approved by the proper authority. The applicant states on his DD Form 149 (Application for Correction of Military Records) that he submitted a promotion packet but it was not forwarded. That in itself is not a basis for appeal. An officer must be recommended, the packet approved up the chain of command with ultimate promotion authority resting with the Chief, NGB. None of this occurred. It appears that if the local commander and/or chain of command wanted this to happen it would have been an easy matter to accomplish, yet it did not, for whatever reason. If his request is approved it would be tantamount to a promotion without regard to proper procedures, while usurping the approval authority throughout the chain of command. In the interest of a just determination, the current local command should be afforded the opportunity to address the situation, explain the circumstances and submit a recommendation. At that time the case may be reopened. For this reason, it was recommended that the applicant’s request be denied.
The opinion was forwarded to the applicant for acknowledgement/rebuttal on 2 December 2002. He did not respond.
Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve and ARNG officers. The regulation specifies that for officer in the grade of second lieutenant their records will be screened to determine eligibility for promotion to first lieutenant far enough in advance to permit promotion on the date promotion service is completed. The time in grade requirements for promotion to first lieutenant is 2 years to 42 months in the lower grade. The records of ARNG officers will be screened and promotions accomplished by the Chief, NGB.
The ROPMA, a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve component officers. The law became effective 1 October 1996. ROPMA provides that Reserve officers in the grade of second lieutenant will be considered for promotion to first lieutenant after serving 2 years time in grade without review by a selection board.
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 adjustment to his date of rank for first lieutenant at this time. He has not shown error, injustice, or inequity for the relief he now requests.
2. The Board notes his contentions that he was eligible for promotion to first lieutenant upon completion of 2 years as a second lieutenant and when he forwarded his promotion packet it was never acted upon. However, the NGB cannot determine if his promotion packet was reviewed/approved by the proper authority. Even though the applicant forwarded his promotion packet, it is not a basis for appeal. The applicant must also be recommended for promotion to first lieutenant and the promotion approved by his local commander. Without this happening the applicant is not eligible for an automatic promotion to first lieutenant in 2 years.
3. The Board also notes that the applicant may submit his promotion packet to his local commander for review and a determination concerning an earlier date of rank for first lieutenant. Should it be determined that he is entitled to an earlier date of rank his case may be reopened.
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
_LF_____ _WTM___ __LE____ DENY APPLICATION
| CASE ID | AR2002081086 |
| 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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