RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 September 2005
DOCKET NUMBER: AR20040009838
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. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Larry J. Olson | |Member |
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, in effect, that his effective date and date of
rank as a major be corrected to 9 January 2003.
2. The applicant states that his promotion was held up pending receipt of
his final security clearance, but that he should have been promoted based
upon receipt of an interim security clearance.
3. The applicant provides copies of a 7 May 2003 promotion memorandum, a
certificate of interim clearance dated 9 January 2003, a 10 February 2005
memorandum from the Deputy Chief of Staff for Personnel (G-1) concerning
officer promotions and an exchange of emails between Army G-1 and Human
Resources Command St. Louis.
CONSIDERATION OF EVIDENCE:
1. The applicant, a career Army Reserve (USAR) officer, was appointed a
second lieutenant on 24 May 1989 and served on active duty for 4 years. He
was promoted to first lieutenant on 18 June 1991 and to captain with a date
of rank of 18 June 1995.
2. On 15 December 2002 he was mobilized with his unit in support of
Operation Enduring Freedom.
3. The 7 May 2003 memorandum notified the applicant that he was promoted
to major with an effective date and a date of rank of 7 March 2003.
4. The Reserve Officer Personnel Management Act (ROPMA), a public law
enacted by Congress on 5 October 1994, prescribed policies and procedures
to consolidate and modernize the laws governing the management of Reserve
component officers. ROPMA was implemented on 1 October 1996, and it
established that the minimum time in grade (MTIG) for a major is 7 years,
and that an officer selected for promotion to major the first time he/she
is considered will be promoted on or before the date that he/she completes
the MTIG.
5. ROPMA further specifies that an officer must be serving in an AGR
position requiring the higher grade or assigned to the Individual Ready
Reserve or an Individual Mobilization Augmentee position in the higher
grade. Promotion cannot be effective prior to approval of respective
boards by the President.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence to show that the applicant was occupying
a major's position on 9 January 2003.
2. There is no available evidence to show that the applicant's promotion
date was held up by the need for a security clearance or for any other
reason.
3. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JTM __ _WDP___ __LJO___ 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.
__ William D. Powers_______
CHAIRPERSON
INDEX
|CASE ID |AR20040009838 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050908 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |131.05 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2003 | 2003091744C070212
The applicant further states that she was also informed that she was past her eligibility date for promotion and that her records had not been reviewed by a promotion selection board. The ARPERSCOM stated that she was considered for promotion to O-4 by the 1997 Department of the Army Reserve Components Selection Board (RCSB) and recommended for promotion. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that she...
ARMY | BCMR | CY2003 | 2003090387C070212
The applicant's military records show he was appointed in the Reserve as a second lieutenant effective 22 January 1999, with prior enlisted service. The Chief, Military Personnel Actions Branch, AR-PERSCOM, expressed the opinion that the applicant was appointed in the grade of second lieutenant on 22 January 1999; therefore, he was eligible for promotion on 21 January 2001. She also opined that since the applicant was assigned to the IRR when his initial security clearance was valid, it...
ARMY | BCMR | CY2003 | 2003087533C070212
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 | 2003087977C070212
The applicant states that he was promoted to major effective 3 January 2000, but his promotion eligibility date (PED) was 31 July 1998. He was promoted to major with a promotion effective date and date of rank of 3 January 2000. ROPMA was implemented on 1 October 1996, and it established that the MTIG for a captain is 7 years, and that an officer selected for promotion to major the first time he/she is considered will be promoted on or before the date that he/she completes the MTIG.
ARMY | BCMR | CY2005 | 20050001174C070206
Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant, as an ARNG officer was granted an interim clearance on 20 August 2003, was reassigned to the IRR effective 19 November 2003, and he was never promoted. Had the Office of Promotions, HRC - St. Louis, been aware that the applicant had been granted an interim clearance at the time of his assignment to the IRR, the applicant would have been promoted the date after his...
ARMY | BCMR | CY2005 | 20050001174C070206
The applicant also states that he submitted a request for a delay of promotion on 4 August 2002 and the request was approved on 17 September 2002. The applicant, as an ARNG officer was granted an interim clearance on 20 August 2003, was reassigned to the IRR effective 19 November 2003, and he was never promoted. The applicant is not entitled to correction of his date of rank to major to 5 March 2002, based on his approved request for delay of promotion until 24 July 2004.
ARMY | BCMR | CY2005 | 20050011781C070206
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The Reserve Officer Personnel Management Act (ROPMA) authorized an adjustment to a captain's date of rank for those who served more than 7 years as a second and first lieutenant. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was promoted to captain with an adjusted promotion...
ARMY | BCMR | CY2005 | 20050002120C070206
In an advisory opinion, dated 13 July 2005, the Chief, Promotions Branch, Office of Promotions, Reserve Components, Army Human Resources Command (AHRC) – St. Louis, Missouri, stated that based on the applicant's corrected date of rank for first lieutenant of 23 February 2000, her promotion eligibility date (PED) for captain was 22 February 2005. No captain AMEDD selection board prior to the 2004 board considered first lieutenants for promotion to captain with a date of rank later than 30...
ARMY | BCMR | CY2004 | 20040010279C070208
He pointed out that Reserve officers are promotable no earlier than the date the President approves the promotion board results and only if they are assigned to a position requiring the higher grade. On 17 December 2003, the Assistant Secretary (M&RA) established promotion policy for mobilized Reserve Component Officers for promotion to the grade of captain through colonel. As noted in the advisory opinion the applicable new policy requires that AGR officers be reassigned within 180 days...
ARMY | BCMR | CY2006 | 20060005544C070205
The applicant requests, in effect, adjustment to his promotion effective date and date of rank for lieutenant colonel (LTC) from 21 February 2006 to 12 January 2006. The NGB was issued an Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty memorandum, dated 12 January 2006, indicating the applicant's selection for promotion to LTC by the 2005 Reserve Components Selection Board (RCSB) that adjourned on 30 September 2005. The MOARNG published order number 038-213,...