Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003090465C070212
Original file (2003090465C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 January 2004
         DOCKET NUMBER: AR2003090465


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Stephanie Thompkins Analyst


The following members, a quorum, were present:

Ms. Lana E. McGlynn Chairperson
Mr. Patrick H. McGann Member
Mr. Roger W. Able Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests adjustment to his date of rank for captain to 1 October 1988.

2. The applicant states that on 29 May 1995, he left active duty to pursue a career with the Federal Bureau of Investigation. In order for him to assume the position he had to resign his commission based on the fact this was in a key position and could not be held by any member of the active or inactive Reserve. The applicant also states that prior to leaving the Army he had fulfilled all prerequisites for selection to major. He completed the Command and General Staff College and commanded an Armor Branch unit for over 24 months. He feels that he has contributed greatly to the Army and this country and looks forward to continuing his service in positions of additional responsibility.

3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1. The applicant's military records were not provided to the Board. Information herein was obtained from officials of the Office of Promotions, Reserve Components, Human Resources Command and the DD Form 214 submitted by the applicant that shows he was appointed in the Reserve as a second lieutenant effective 18 May 1984.

2. The applicant entered on active duty effective 21 June 1984 and attained the rank of captain effective 1 October 1988. He resigned his commission and was separated from active duty effective 29 May 1995.

3. The applicant was appointed in the Reserve as a captain effective 22 October 2001.

4. In July 2003, the Office of Promotions, Reserve Components, Human Resources Command, adjusted the applicant's date of rank for captain from 22 October 2001 to 24 February 1995. The date of rank adjustment was based on his break in service from 29 May 1995 to 22 October 2001. Based on the applicant's adjusted date of rank for captain he was eligible for promotion consideration to major by the 2003 Reserve Components Selection Board.




5. He was considered for promotion to major by the 2003 Reserve Components Selection Board that convened in November and recessed in December 2003. The board results have not been released.

6. Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies the date of rank is the date the officer actually or constructively was appointed or promoted to a specific grade.

7. Army Regulation 135-133 prescribes the responsibility and procedures for providing a uniform system for administering and maintaining the Ready Reserve qualification records. This regulation provides that a key employee is any Federal employee who occupies a key position that cannot be vacated during a national emergency or mobilization without seriously impairing the capability of the parent Federal agency or office to function effectively. All Ready Reserve soldiers occupying key positions will be transferred from the Ready Reserve to the Standby Reserve, the Retired Reserve if eligible, and so requested, or discharged. This regulation further specifies that when the reason for the transfer no longer exists, a soldier may, on request, be considered for return to the Ready Reserve.

DISCUSSION AND CONCLUSIONS :

1. The applicant is not entitled to adjustment to his date of rank for captain to 1 October 1988.

2. The applicant resigned his commission effective 29 May 1995 to pursue a career with the Federal Bureau of Investigation as a key employee into a position that required that it not be filled by a Ready Reserve member to preclude the position from being vacated during a mobilization.

3. The applicant was appointed in the Reserve effective 22 October 2001. At that time he was given a date of rank for captain of 22 October 2001. His date of rank was later adjusted to 24 February 1995, based on his total break in service time being added to his date of rank for captain of 1 October 1988. Therefore, he is not entitled to an earlier date of rank for captain.

4. Based on the adjusted date of rank the applicant was appropriately considered for promotion to major by the 2003 promotion selection board based upon the completion of the required 7 years time in grade.


BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__lm___ ___pm___ __ra____ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





                  ___Lana E. McGlynn___
                  CHAIRPERSON




INDEX

CASE ID AR2003090465
SUFFIX
RECON
DATE BOARDED 20040113
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.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003087533C070212

    Original file (2003087533C070212.rtf) Auto-classification: Approved

    The applicant requests correction to his promotion effective date and date of rank for major. He was promoted to major with a promotion effective date and date of rank of 3 January 2000. The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the officer was promoted to captain on 20 May 1992 and promotion to major required 7 years time in grade; therefore, his promotion eligibility date was 19 May 1999.

  • ARMY | BCMR | CY2003 | 2003091590C070212

    Original file (2003091590C070212.rtf) Auto-classification: Approved

    The applicant requests, in effect, promotion to captain with a date of rank based on the 1995 Reserve Components Selection Board (RCSB). Based on the required 4 years time in grade, his promotion eligibility date (PED) for captain was 14 October 1994. An officer selected by an SSB would be entitled to the same date of rank as if the officer had been recommended for promotion to the grade by the mandatory board that should have considered the officer.

  • ARMY | BCMR | CY2001 | 2001057659C070420

    Original file (2001057659C070420.rtf) Auto-classification: Approved

    I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. On 23 March 2000, the Congressman, sent a letter to the United States Army Reserve Personnel Command requesting that the applicant be transferred to the Standby Reserve (Inactive) in accordance with Army Regulation 135-133 (Ready Reserve Screening, Qualification Records System, and Change of Address Reports),...

  • ARMY | BCMR | CY2001 | 2001061083C070421

    Original file (2001061083C070421.rtf) Auto-classification: Approved

    Based on the Reserve Officers Personnel Management Act (ROPMA), the effective date of promotion for an officer cannot be prior to the date the President of the United States approves the promotion board results. The opinion also states that the applicant had been in a major’s position since 3 January 1999 and that the applicant was issued a promotion memorandum on 14 January 2000 showing his date of rank as 3 January 2000. Under ROPMA, the MYIG for a Reserve captain in order to be eligible...

  • ARMY | BCMR | CY2001 | 2001059931C070421

    Original file (2001059931C070421.rtf) Auto-classification: Approved

    The applicant states, in effect, that his promotion notification letter to major shows that his effective date of promotion to major is 3 January 2000. Based on the Reserve Officers Personnel Management Act (ROPMA), the effective date of promotion for an officer cannot be prior to the date the President of the United States approves the promotion board results. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted...

  • ARMY | BCMR | CY2006 | 20060002986

    Original file (20060002986.txt) Auto-classification: Approved

    The applicant requests, in effect, that his records be corrected by changing his date of rank (DOR) to major from 16 May 2005 to some time in 2001 or 2002. On 6 June 2003 and 7 August 2003, the Army National Guard Personnel Center was notified by the U.S. Total Army Personnel Command - St. Louis, that the applicant had been selected for promotion to major by a Standby Advisory Board under the criteria of the 2001 Army Reserve Components Mandatory Selection Board, with a date of rank of 27...

  • ARMY | BCMR | CY2011 | 20110024619

    Original file (20110024619.txt) Auto-classification: Denied

    The Secretary of the Army which charged that the 2002 – 2003 Reserve Component Department of the Army Major Army Promotion List Selection Boards were given incorrect guidance concerning the military education requirement for promotion. Those officers who were selected by a standby board and were still serving in the National Guard in an enlisted or warrant officer capacity were granted a reappointment to their previous commissioned status with an effective date before their discharge or...

  • ARMY | BCMR | CY2010 | 20100027948

    Original file (20100027948.txt) Auto-classification: Denied

    In a memorandum for MILPO's, dated 1 September 2004, the NGB stated that the mobilization promotion policy applied to ARNG officers recommended for promotion to the grades of captain through LTC who are mobilized under the provisions of Title 10, U.S. Code, sections 12301(a), 12302 and 12304. The NGB stated there was no AGR LTC position available for him to be promoted into. Evidence indicates the applicant later resigned from the AGR program, accepted an ADOS position, and was promoted to...

  • ARMY | BCMR | CY2006 | 20060000093C070205

    Original file (20060000093C070205.doc) Auto-classification: Approved

    The applicant provides his Department of the Army Board Selection Notification memorandum dated 20 November 2001; Federal Recognition orders dated 9 June 2004; his State Board Selection Notification memorandum dated 8 March 2003; mobilization orders dated 25 and 27 January 2003, 21 February 2003, 1 April 2003, 5 November 2003, and 4 April 2004; and his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 May 2004. National Guard Regulation 600-100,...

  • ARMY | BCMR | CY2003 | 2003089630C070403

    Original file (2003089630C070403.rtf) Auto-classification: Approved

    He was promoted to major with a promotion effective date and date of rank of 19 June 2002. The Chief, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant was promoted to captain effective 23 May 1995 and promotion to major required 7 years time in grade. Notwithstanding the delay, the effective date of promotion shall remain as 19 June 2002, the date the President approved the board, and the applicant is not further entitled to...