RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 February 2004
         DOCKET NUMBER: AR2003091205


         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:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Lawrence Foster		Member
Ms. Margaret V. Thompson		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).


1. The applicant requests, in effect, promotion consideration to major under the criteria 1998 through 2000 by a United States Army Reserve (USAR) promotion board and promotion to major in the USAR.

2. The applicant states that she was eligible for consideration from 1998 through 2000 in accordance with DA Pamphlet 600-3 (Commissioned Officer Development and Career Management). The geographical dispersion of units prevented her from branch qualification in a Signal Corps unit. That her branch qualification was met under the Adjutant General Corps branch under her functional area and all requirements for promotion, time in service, time in grade, Combines Armed Services Staff School, and bachelor of science (BS) degree were satisfied.

3. The applicant provides copies of her AG Branch Qualification Course diploma, her S/1 Personnel Officer Course diploma, her Memorandum for Functional Area (41A) Certification, her officer evaluations reports for the periods ending October 1999; March 1999; February 1998; and February 1997, her Command and General Staff College Diploma, her BS Diploma, a photocopy of 2XCitizen Web page of My Solider Data, Insert of DA Pamphlet 600-3 dated 1 October 1998, and Army Regulation 135-155 (Promotion of Reserve Commissioned Officers), dated 24 October 2001.

CONSIDERATION OF EVIDENCE:

1. The applicant's military records show that she was appointed in the Tennessee Army National Guard (ARNG), Signal Corps Branch as a second lieutenant effective 27 June 1987. She was promoted to first lieutenant effective 26 June 1990.

2. The applicant was considered and not selected for promotion to captain by the 1994 Reserve Components Selection Board (RCSB). Her date of rank was adjusted by 1 year based on her non-selection.

3. The applicant was considered and selected for promotion to captain by the 1995 RCSB.

4. On 10 May 1995, her Federal Recognition was withdrawn and she transferred to the Individual Ready Reserve (IRR) to accept the promotion to captain. She was promoted with an adjusted date of rank of 26 June 1995, based on her selection for promotion on her second RCSB.


5. Based on the required 7 years time in grade, her promotion eligibility date (PED) for promotion to major was 25 June 2002.

6. The applicant was ordered to active duty for 3 years effective 1 August 2000. Her orders show she was relieved from the USAR Control Group Mobilization Detachment on the effective date of active duty.

7. The applicant was considered and not selected for promotion to major by the 2002 RCSB that convened on 4 March 2002. She was not qualified for promotion based on the lack of the required civilian education.

8. On 26 June 2003, her non-selection for promotion to major by the 2002 RCSB was voided and her name was deleted from the official results.

9. The Office of Promotions, Reserve Components, verified the applicant is currently still in an active duty status and has been considered and selected for promotion to major by a active duty promotion board. She will not be eligible for promotion consideration by a mandatory Reserve board until at least 1 year after the date of return to an active Reserve status.

10. The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM), expressed the opinion that the applicant was commissioned in the ARNG on 27 June 1987 and promoted to first lieutenant on 26 June 1990. She was considered for promotion to captain by the 1994 RCSB and non-selected. She was considered for promotion again by the 1995 RCSB and recommended. No captain's position was available in her unit; therefore, she elected promotion and transfer to the IRR. She was transferred to the IRR on 10 May 1995; however, based on her selection for promotion on her second board, her date of rank was adjusted to 26 June 1995.

11. The opinion also stated that promotion to major, for Reserve officers, requires 7 years time in grade in accordance with Title 10, United States Code, Section 14303(b) and (c) and Army Regulation 135-155, Table 2-1. Based on the above date of rank, her PED was 27 June 2002. She was considered for promotion to major by the 2002 promotion board and not recommended because her record did not contain evidence that she had completed a baccalaureate degree. However, the officer was ordered to active duty for 3 years effective 1 August 2000 and her orders state that she was relieved from her USAR Control Group Mobilization Detachment on the effective date of active duty. Therefore, she was not eligible for consideration by a USAR promotion board. Her name was deleted from the official results and her non-selection letter was voided.


12. The opinion further stated that DA PAM 600-3 applies to Active Army, the ARNG and USAR and is intended, first and foremost, as a professional development guide for individual officers. The pages she furnishes applies to promotion for officers in the Active Army and Reserve officer on the Active Duty List (ADL); therefore, this regulation does not apply for promotion of officers on the Reserve Active Status List (RASL). Army Regulation 135-155 is the Reserve Promotion Regulation. Based on this information, it was recommended the application be denied.

13. The opinion was forwarded to the applicant for acknowledgment/rebuttal on 26 September 2003. She did not respond.

14. Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that the time in grade for a commissioned officer is 7 years in the grade of captain for promotion to major. Mandatory selection boards will convene each year and will consider ARNG and Reserve officers on the RASL for promotion to captain or higher in an active Reserve status not later than the date a respective RCSB convenes to be considered by that RCSB for a Reserve promotion. The regulation also specifies that officers on the active duty list (ADL) will not be considered.

15. Army Regulation 135-155 also specifies that the Secretary of the Army (SA) or his or her designee will establish the zone of consideration for each mandatory promotion board for commissioned officers. To be eligible for consideration an ARNG or USAR officer must meet the time in grade requirements as appropriate.

16. The regulation further specifies that an officer who has an established date for removal from the RASL that is 90 days or less from the convening date of the selection board for which the officer would otherwise be eligible, is not eligible for consideration. An established date of removal is a date that is prescribed by statute, regulation, or published on orders and not in conflict with law or regulation.

17. This regulation also specifies that when an officer is determined to be ineligible for consideration, the Office of Promotions, Reserve Components, PERSCOM will verify the officer's ineligibility and administratively delete the office's name from the promotion board results. An officer's name will be removed if that officer was ineligible for the consideration because he/she was not in an active Reserve status.

18. Army Regulation 135-155 further specifies that an officer returned to active status after having been in an inactive status will not be considered by USAR mandatory board until at least 1 year after the date of return to an active Reserve status.
19. DA PAM 600-3 prescribes the policies and procedures for development and career management of commissioned officers of the United States Army and applies to the Active Army, ARNG and USAR. The pamphlet specifies those commissioned Reserve officers who are on the RASL are automatically considered for promotion when they have served the required number of years in grade.

20. Title 10, United States Code, Section 14303 specifies the eligibility for consideration for promotion – minimum years of service in grade. This section states that an officer who is on the RASL may not be considered for selection for promotion to the next higher grade until the officer has completed a minimum of 3 years of service in the grade of captain. The Secretary concerned has the authority to lengthen the minimum period in grade.

DISCUSSION AND CONCLUSIONS :

1. In view of the circumstances in this case, the applicant is not entitled to promotion consideration to major under criteria 1998 through 2000 and promotion to major in the USAR. She has not shown error, injustice, or inequity for the relief she now requests.

2. The applicant's contentions that she was eligible for promotion consideration from 1998 through 2000 and met all requirements for promotion have been noted. However, the applicant's PED for promotion to major was 25 June 2002; therefore she was not eligible for promotion consideration by the 1998 through 2000 RCSB's. The requirement for completion of 7 years in grade as a captain is a long-standing requirement for promotion to major.

3. The applicant was ordered to active duty in 2000 and she was not eligible for consideration by the 2002 RCSB because of her status. The applicant was no longer managed for promotion under the Reserve system.

4. The applicant's name was appropriately deleted from the 2002 official board results and her non-selection voided since she was not eligible for consideration at that time. The applicant must be considered and selected in order to be promoted to major in the USAR.

5. Her contention that she was eligible for promotion consideration in accordance with DA PAM 600-3 is noted; however, while DA PAM 600-3 applies to ARNG and USAR officers, it is used as a professional development guide for individual officers and does not set policy and procedures for promotion consideration and promotion of Reserve officers.

6. It is also noted that the applicant will not be eligible for consideration by a Reserve mandatory board until at least 1 year after her return to an active Reserve status.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__ro____ __lf___ ___mt_____ DENY APPLICATION


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 V. O’Connor, Jr.___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091205
SUFFIX
RECON
DATE BOARDED	20040224
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	131.00
2.
3.
4.
5.
6.