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ARMY | BCMR | CY2003 | 2003090726C070212
Original file (2003090726C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: FEBRUARY 19, 2004
         DOCKET NUMBER: AR2003090726


         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
Mr. Jessie B. Strickland Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Mr. Robert Duecaster Member
Mr. Melvin H. Meyer 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 a review and change to her date of rank (DOR) for promotion to the rank of major.

2. The applicant states that she made the promotion list for promotion to the rank of major in January 1998 while assigned to the United States Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)); however, she had to have a current physical in order to be promoted. She further states that she had a physical done in November 1998 at Fort McPherson, Georgia; however, after checking on the physical for more than a year, she was told that it had not been completed and was thus destroyed. She goes on to state that she again took a physical in November 1999 and checked on it often. In June 2000, she joined a troop program unit (TPU) and went to Fort McPherson, found her physical and walked it through their system and got it signed. It was then that she was informed that she could not get promoted until she found a valid position, which took until 10 March 2003, therefore, on the advice of her personnel management officer (PMO), she transferred back to the IRR to get promoted; however, she does not believe that she should be penalized and delayed for consideration to the rank of lieutenant colonel because the system was broken.

CONSIDERATION OF EVIDENCE:

1. The applicant's Official Military Personnel File (OMPF), though somewhat incomplete and inaccurate, shows that she was commissioned as a USAR second lieutenant in the medical service corps on 6 August 1985 and was assigned to the USAR Control Group (Reinforcement). She was promoted to the rank of first lieutenant on 8 August 1987 and to the rank of captain on 4 August 1991.

2. On 22 May 2000, she was voluntarily transferred to a TPU at Fort Benning, Georgia. On 10 March 2001, she was promoted to the rank of major.

3. In the processing of this case a staff advisory opinion was provided to the Board by the Total Army Reserve Personnel Command (ARPERSCOM) which opined that the applicant was selected for promotion by the 1998 Army Medical Department (AMEDD) Board that was approved on 27 May 1998; however, the applicant did not meet promotion qualifications (Army Physical Fitness Test and height and weight qualifications) until 10 March 2001. Accordingly, her DOR was correct. The advisory opinion was provided to the applicant on 29 December 2003 and to date no response has been received by the staff of the Board.



4. Army Regulation 135-155 provides policy and procedures for the selection and promotion of commissioned officers of the USAR. It provides, in pertinent part, that an officer recommended for promotion to the next higher grade must be in an active Reserve status, must complete the service remaining requirements for the grade to which promoted, must be medically qualified, must have undergone a favorable security screening and must meet the height and weight standards prescribed in Army Regulation 600-9.

DISCUSSION AND CONCLUSIONS :

1. 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.

2. The applicant has failed to show through the evidence submitted with her application or the evidence of record that her promotion was unduly delayed through no fault of her own or that she in fact met the qualifications for promotion sooner than 10 March 2001.

3. Therefore, absent evidence to the contrary, the Board must presume that the actions by the Department to delay her promotion until she demonstrated that she met promotions qualifications was in accordance with the applicable regulations.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

rjw ____ mm _____ ryd _____ 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.





                  ___Raymond J. Wagner___
                  CHAIRPERSON




INDEX

CASE ID AR2003090726
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040219
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 315 131.0500/DOR
2.
3.
4.
5.
6.


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