RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 October 2005
DOCKET NUMBER: AR20050001086
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. Edmund P. Mercanti
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. Jose A. Martinez
Member
Ms. LaVerne M. Douglas
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 that he be promoted to lieutenant colonel (LTC).
2. The applicant states the ABCMRs approved 28 February 1996 recommendation to promote him to LTC has never been carried out.
3. The applicant provides the ABCMRs 28 February 1996 proceedings.
CONSIDERATION OF EVIDENCE:
1. On 28 February 1996, the ABCMR recommended that the applicant be promoted to LTC under 1991 promotion criteria if he was otherwise qualified and met all other prerequisites for promotion.
2. Army Regulation 135-18 and National Guard Regulation 600-5 govern implementation of the Active Guard and Reserve (AGR) program. Essentially, the program provides for selected US Army Reserve (USAR) and Army National Guard (ARNG) personnel to be voluntarily called to active duty for special projects, programs or mission essential tasks. Periods of active duty may vary from 1 to 3 years, with provisions for voluntary extension of the period of active duty beyond the initial call.
3. Army Regulation 140-30, paragraph 7-1, states that officers in the AGR program may be selected for promotion regardless of their current position but will not be promoted until the officers are assigned to positions requiring the higher grade.
4. Title 10, US Code, Section 1370, states that a commissioned officer is placed on the Retired List in the highest grade he or she served on active duty satisfactorily.
5. In the processing of this case an advisory opinion was obtained from the National Guard Bureau (NGB). The NGB stated that the applicant was an AGR officer who was released from active duty on 31 August 1995 and placed on the Retired List the following day under the Voluntary Early Retirement Authority (VERA), in effect at that time.
6. The NGB explains that an AGR officers selection for promotion does not guarantee that officers promotion. The officer must be assigned to a higher graded position before being promoted. Because of this limitation, an AGR officer may delay promotion indefinitely. The NGB recommended that the applicant be promoted concurrently with his assignment to the USAR Control Group.
DISCUSSION AND CONCLUSIONS:
1. The Board specified in its earlier recommendation that the applicant was to be promoted to LTC only if he was otherwise qualified and met all other prerequisites for promotion.
2. The applicant did not meet all other prerequisites for promotion. He was not assigned to an LTC position. As such, he was properly not promoted to LTC.
3. The NGBs recommendation has been carefully considered. However, to promote the applicant, he would have to be assigned to the Individual Ready Reserve (IRR). The applicant was released from active duty in the AGR program on 31 August 1995 and placed on the Retired List the following day on 1 September 1995. He was never assigned to the IRR.
4. The applicant was retired from active duty for years of service under the VERA. He could not be retired for years of service under that authority if he were assigned to the IRR.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___lmd__ ____jea__ ____jam_ 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.
______James E. Anderholm__________
CHAIRPERSON
INDEX
CASE ID
AR20050001086
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20051025
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
20051025
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2005 | 20050001086C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 28 February 1996, the ABCMR recommended that the applicant be promoted to LTC under 1991 promotion criteria if he was otherwise qualified and met all other prerequisites for promotion. However, to promote the applicant, he would have to be assigned to the Individual Ready Reserve (IRR).
ARMY | BCMR | CY2008 | 20080001732
The applicant states, in his new application, that an officer selected for promotion must: (1) be promoted; (2) transferred to the IRR and be promoted; or (3) retired and promoted per AR 135-155, paragraph 4-18(b). Orders, dated 18 October 1994, retired the applicant from active service effective 31 January 1995 under the provisions of Title 10, U. S. Code, section 3911 and placed him on the Retired List the following day in the rank and grade of LTC, O-5 with 22 years and 8 days of AFS. ...
ARMY | BCMR | CY2009 | 20090013721
Also on the same date, by letter, HRC-St. Louis notified him that he was promoted as a Reserve commissioned officer of the Army to LTC with an effective date of 11 January 2005 and a DOR of 15 April 2004. e. In the applicant's application, he submitted a letter from MG (Retired) V-----, who served as TAG of the State of Massachusetts at the time the applicant was appointed to MAJ in the MAARNG, dated 1 March 2010. Army Regulation 135-155 provides policy for the selection and promotion of...
ARMY | BCMR | CY2003 | 2003085246C070212
He states that he was serving in a LTC position when the 1996 mandatory promotion board selected him for promotion. An undated NJANG memorandum notified the applicant that, because of the non-approval of his promotion by the NGB, his name would be retained on the list until he was reassigned to an AGR position calling for the higher grade or he was promoted upon his release from active duty. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General...
ARMY | BCMR | CY2014 | 20140020508
The applicant requests correction of his military records by showing he was promoted to colonel (COL), pay grade O-6 and retired as such. A memorandum from the CAARNG, dated 30 July 2013, informed the applicant of his selection for promotion to COL by the DA Mandatory Selection Board. The applicant requests correction of his military records by showing he was promoted to COL, pay grade O-6 and retired as such.
ARMY | BCMR | CY2007 | 20070001463C080213
The applicant requests that his name be submitted to the U. S. Senate for confirmation as a colonel (COL), O-6 effective 1 October 2003; following confirmation, that his records be corrected to indicate that as a result of the National Guard Bureau (NGB) Tour Advisory Review Panel (TARP)/Career Field Review that recommended Army National Guard (ARNG) Active Guard Reserve (AGR) Title 10 officers for assignment and promotion during fiscal year 2004 (FY04) that his name be listed among those...
ARMY | BCMR | CY2007 | 20070001463
The applicant requests that his name be submitted to the U. S. Senate for confirmation as a colonel (COL), O-6 effective 1 October 2003; following confirmation, that his records be corrected to indicate that as a result of the National Guard Bureau (NGB) Tour Advisory Review Panel (TARP)/Career Field Review that recommended Army National Guard (ARNG) Active Guard Reserve (AGR) Title 10 officers for assignment and promotion during fiscal year 2004 (FY04) that his name be listed among those...
ARMY | BCMR | CY2013 | 20130008410
c. in accordance with Title 10, U.S. Code, section 12011 and 12012, the ARNG is allowed a limited number of AGR Soldiers to serve in the controlled grades of E-8, E-9, O-4 (major), O-5, and O-6 (colonel). Nowhere does it state that the possible removal of the Soldier from the AGR program is an exception to the "shall promote" clause in Title 10, U.S. Code, section 14304. Paragraph 8-6d of this regulation states an AGR controlled grade authorization (Title 10, U.S. Code, section 12011) must...
ARMY | BCMR | CY2007 | 20070001463
The applicant requests that his name be submitted to the U. S. Senate for confirmation as a colonel (COL), O-6 effective 1 October 2003; following confirmation, that his records be corrected to indicate that as a result of the National Guard Bureau (NGB) Tour Advisory Review Panel (TARP)/Career Field Review that recommended Army National Guard (ARNG) Active Guard Reserve (AGR) Title 10 officers for assignment and promotion during fiscal year 2004 (FY04) that his name be listed among those...
ARMY | BCMR | CY2004 | 20040004679C070208
Memorandum, Headquarters, US Army Reserve Command, dated 21 January 1997, promoting the applicant to MAJ effective 23 May 1996. c. Memorandum, US Army Human Resources Command – St. Louis, dated 2 March 2004, promoting the applicant to LTC effective 21 February 2004. d. Orders M-050-0004, Headquarters, 94th RSC, dated 19 February 2003, involuntarily mobilizing the applicant for 1 year effective 24 February 2003. e. Copy of 10 U.S.C. The advisory opinion points out that the applicant was...