| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Ms. Jennifer L. Prater | Chairperson | ||
| Mr. Arthur A. Omartian | Member | ||
| Mr. Patrick H. McGann, Jr. | Member |
2. The applicant requests adjustment to his date of rank for major and promotion consideration for lieutenant colonel under 2002 criteria.
3. The applicant states that he served 8 years time in grade as a captain and he should have only served 7 years. In support of his request he submits copies of his promotion orders for captain and major.
4. The applicant’s military records show that he was commissioned in the Regular Army as a second lieutenant effective 2 December 1985.
5. He attained the rank of captain effective 1 September 1989. He was separated from active duty effective 25 May 1990 and transferred to the Army Reserve and assigned to a troop program unit (TPU).
6. Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to major was 31 August 1996.
7. He was assigned to the Active Guard/Reserve (AGR) Program effective 9 September 1996.
8. The Office of Promotions, Reserve Components, Total Army Personnel Command verified that the applicant was assigned to a AGR major’s position effective 10 September 1996.
9. He was considered and selected for promotion to major by the 1997 Reserve Components Selection Board (RCSB), which convened on 11 March 1997 and recessed on 11 April 1997. The President approved the board results on 27 August 1997.
10. He was subsequently promoted to major with a promotion effective date and date of rank of 27 August 1997, the date the President approved the board.
11. Based on the required 7 years time in grade for promotion to lieutenant colonel and date of rank for major of 10 September 1996, his MTIG date for promotion to lieutenant colonel was 9 September 2003.
12. Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. The regulation specifies that in order to be qualified for promotion to major an individual must have completed 7 years of MTIG as a captain. AGR officers selected by a mandatory board will be promoted (promotion effective date) provided they are assigned/attached to a position in the higher grade. An AGR officer’s date of rank will be the date he/she attains the MTIG or the date on which assigned to a higher graded position, whichever is earlier.
13. The regulation also specifies that an officer shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing the years of service in grade so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete the required years of service.
14. Army Regulation 135-155 further specifies that promotion reconsideration by a Standby Advisory Board (STAB) or a Special Selection Board (SSB) may only be based on erroneous non-consideration or material error that existed in the record of a commissioned officer at the time of consideration. A STAB is required for reconsideration for 1995 and earlier criteria prior to 1 October 1996, and an SSB is required for 1 October 1996 and later. It further specifies that promotion reconsideration by a STAB for criteria prior to the Reserve Officer Personnel Management Act (ROPMA), implemented on 1 October 1996, may only be based upon ABCMR determination approved by the Secretary of the Army. Approval for criteria after the ROPMA by an SSB may be accomplished by the PERSCOM.
CONCLUSIONS:
1. The applicant is entitled to adjustment of his date of rank for major to 31 August 1996, his MTIG date and a promotion effective date of 10 September 1996, the date he was assigned to an AGR major’s position, in accordance with the pertinent regulations.
2. The Board notes that based on this correction to his date of rank for major to 31 August 1996, his MTIG date for promotion to lieutenant colonel is 30 August 2003; therefore, he is entitled to promotion consideration to lieutenant colonel under 2002 criteria.
3. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to major effective 10 September 1996, with a date of rank of 31 August 1996, with entitlement to additional pay and allowances based on this adjustment.
2. That all of the Department of the Army records related to this case be corrected by submitting the records of the individual concerned to a duly constituted promotion selection board as deemed appropriate for promotion consideration for lieutenant colonel under 2002 criteria.
3. If the applicant is selected, his records should be further corrected by showing he was promoted to the next higher grade on his date of eligibility as determined by appropriate Departmental officials using the criteria cited, provided he was otherwise qualified and met all other prerequisites for promotion. If the applicant is not selected, he should be so notified.
BOARD VOTE:
__JLP___ _AAO__ _PHM____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__Jennifer L. Prater_____
CHAIRPERSON
| CASE ID | AR2003086645 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030923 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | 131.01 |
| 3. | 131.04 |
| 4. | 131.05 |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002074564C070403
Current promotion policy specifies that promotion reconsideration by a Standby Advisory Board (STAB) and/or Special Selection Board (SSB) may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration. The Board also notes that based on the correction to his DOR’s for captain and major and for the applicant to receive the earliest promotion consideration for lieutenant colonel, it would now be appropriate to submit his records for...
ARMY | BCMR | CY2002 | 2002073123C070403
Current promotion policy specifies that promotion reconsideration by a Standby Advisory Board (STAB) and/or Special Selection Board (SSB) may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration. The Board notes the applicant's contention that his DOR's for CPT and LTC should be adjusted based on his CSC awarded at appointment. Since his DOR for MAJ has been corrected to 6 June 1991, he is also eligible for promotion...
ARMY | BCMR | CY2003 | 2003087573C070212
The opinion also stated that the applicant was considered by the 1997 RCSB and selected for promotion. This regulation further specifies that an officer will not be considered for a Reserve promotion unless in an active Reserve status not later than the date a respective RCSB convenes to be considered by that RCSB for a Reserve promotion. However, the applicant was on active duty when the 1996 RCSB convened and not eligible for consideration.
ARMY | BCMR | CY2002 | 2002079688C070215
The applicant was in a TPU and was promoted by the Army Reserve Command on orders dated 2 October 1997, with 30 September 1996 as his date of rank and 2 October 1997 as his effective date. The regulation states, if an officer meets the MTIG date before the approval date of the board, his promotion date and effective date will be no In cases such as this, the Board has adjusted the date of rank of officers considered for promotion to major for the first time for a Reserve promotion based on...
ARMY | BCMR | CY2006 | 20060008767C070205
The applicant requests, in effect, adjustment to his dates of rank for first lieutenant, captain, major, and lieutenant colonel. He was promoted to lieutenant colonel with a promotion effective date and date of rank of 30 December 2005, based on the board approval date. The applicant was selected for promotion to lieutenant colonel by the 2005 selection board with a PED of 18 May 2006, and promoted with a date of rank of 30 December 2005, the approval date of the board, in accordance with...
ARMY | BCMR | CY2006 | 20060016639C070205
The applicant requests, in effect, adjustment to his date of rank for lieutenant colonel to January 2003 and promotion consideration to colonel by a special selection board (SSB). The applicant states, in effect, his adjusted date of rank for major of 31 May 1996 qualified him for promotion consideration to lieutenant colonel by the 2002 promotion board. The Office of Promotions, HRC, St. Louis, issued a memorandum, dated 2 September 2003, indicating the applicant's selection for promotion...
ARMY | BCMR | CY2003 | 2003084322C070212
She also states that she was denied promotion to major by the promotion board. Title 10, United States Code, section 14502(e)(2), specifies that promotion as a result of recommendation of an SSB convened under this section shall, upon such promotion, have the same date of rank, the same effective date for the pay and allowances of that grade as the officer would have had if the officer had been recommended for promotion to that grade by the mandatory selection board which should have...
ARMY | BCMR | CY2001 | 2001061067C070421
The applicant states, in effect, that the Reserve Officer Personnel Management Act (ROPMA), Title 10, U. S. Code (USC), section 14304, requires that an officer recommended for promotion by a selection board the first time the officer is considered, while in or above the promotion zone, and who is placed on an approved promotion list, be promoted not later than their maximum time-in-grade (MTIG) for their present grade. The Office of Promotions, Reserve Components, U. S. Total Army Personnel...
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 | CY2011 | 20110004286
He further stated that affected individuals would be advised they could seek relief from the Army Board for Correction of Military Records (ABCMR) which could adjust DORs for those who were first-time considered and selected for promotion to captain, after having served more than 7 combined MYIG (maximum years in grade) as a lieutenant. He was promoted to captain with an effective date and date of rank of 1 April 1999, based on his selection by the 1999 RCSB. There is also no evidence the...