| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. John N. Slone | Chairperson | ||
| Mr. Thomas D. Howard, Jr. | Member | ||
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: That her promotion effective date for major be adjusted to 16 July 2002, with entitlement to all back pay and allowances.
APPLICANT STATES: That she was a Reserve officer serving on an Extended Active Duty (EAD) tour at the time she was selected for promotion to major. She was selected for promotion to major and placed on the Reserve Active Status List (RASL) on 16 July 2002. However, she was informed that since she was on the EAD tour, she could not be promoted before May 2003 unless she returned to a troop program unit in a position authorized the higher grade. She also states that Army Regulation 135-210 governs EAD tours and does not address promotion of Reserve officers in this status. Army Regulation 135-155,
chapter 2, provides commissioned officer promotion criteria and states that the minimum time in grade requirement for promotion from captain to major is four years. In support of her application, she submits copies of the following documents: appointment orders; promotions orders for first lieutenant, captain and major; EAD orders; the RASL; promotion notification memorandum; and extracts of Army Regulations 135-155 and 135-210.
EVIDENCE OF RECORD: The applicant's military records show:
She was appointed second lieutenant in the United States Army Reserve (USAR) on 13 May 1989, and she was promoted to first lieutenant on 14 May 1992.
The applicant was promoted to captain on 16 April 1997, with a date of rank of
26 May 1996.
On 6 October 2000, the applicant was ordered to active duty on an EAD tour in the USAR.
The applicant was selected for promotion to major by the 2002 Reserve Components Selection Board (RCSB), which recessed on 3 April 2002. The President approved the board results on 19 June 2002, and the results were released on 16 July 2002.
The applicant was released from her EAD tour on 16 November 2002, and she was assigned to a major’s position in Active Guard/Reserve (AGR) status on 17 November 2002. She was promoted to major with a promotion effective date and date of rank of 17 November 2002, the date she assumed her AGR major’s position. Had she been promoted based on maximum time in grade (MTIG) rules, which require 7 years in grade as a captain before promotion to major, she would have been promoted on 25 May 2003.
The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant was selected for promotion by the 2002 RCSB with a promotion eligibility date of 25 May 1993, and was notified of her selection in a memorandum dated 16 July 2002. In accordance with Army Regulation 135-155, 4-21d, provided an ARG officer meets all promotion requirements, his/her date of rank will be the date he/she attains the MTIG or the date on which she is assigned to a higher graded position, whichever is earlier. Since the applicant was not in a higher graded position prior to 17 November 2002, and given her MTIG promotion eligibility date was 23 May 2003 [sic], she is not eligible for an earlier date of rank. In view of the facts, it was recommended that her request be denied.
The opinion was forwarded to the applicant for rebuttal/acknowledgement on 23 April 2003. In her rebuttal, dated 26 June 2003, she states that based on her research, she feels that there are sufficient reasons for her date of rank to be adjusted, and for her to receive back pay and all allowances. She also states that she has researched Army Regulation 135-155, paragraph 4-21d, and agrees with the content, however, these provisions are applicable only to AGR officers, and she did not become an AGR officer until 17 November 2002, four months after the board results were released. She states that she was serving on an EAD tour from 13 November 2000 to 16 November 2002, and prior to that she was a Reservist in a troop program unit serving in a higher graded position. She further claims that the regulation allows officers in the grade of major to be promoted on or before their MTIG, and after researching the applicable
Army Regulations, she finds no valid reason why her promotion date should not be adjusted.
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.
Title 10, United States Code, chapter 1405, provides for promotion of officers selected for the first time by an RCSB at any time on or before their maximum time in grade date.
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 her promotion effective date to 16 July 2002, with entitlement to all back pay and allowances. She has failed to show any error or injustice that would support the requested relief.
2. The Board notes the applicant’s contention that since she was on an
EAD tour, she was eligible to be promoted before reaching her MTIG in
May 2003. However, the evidence of record confirms that she was in fact promoted prior to reaching her MTIG date of 25 May 2003, in accordance with pertinent regulations. The effective date of her promotion was 17 November 2002, which is the date she became eligible by assuming a major’s position in the AGR.
3. The Board also notes that subsequent to her promotion selection, by regulation, she became eligible for promotion either upon assuming a position in the higher promotion grade of major, or upon reaching her MYIG, which was
23 May 2003. However, at the time she was selected for promotion to major, she was serving on an EAD tour in a lower graded authorized position. Therefore, she is not entitled to an earlier promotion effective date.
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
_tdh___ _JNS__ _TL_____ DENY APPLICATION
| CASE ID | AR2002081327 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030722 |
| 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. |
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