RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2005
DOCKET NUMBER: AR20050002394
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. Stanley Kelley | |Chairperson |
| |Ms. Diane J. Armstrong | |Member |
| |Ms. Delia R. Trimble | |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 her date of rank for promotion to the rank
of first lieutenant (1LT) be changed to 23 May 2004.
2. The applicant states, in effect, that she was eligible for promotion to
the rank of 1LT on 23 May 2004; however, she was not promoted until 30
September 2004.
3. The applicant provides a copy of her original appointment memorandum, a
copy of her DD Form 214, a copy of her Personnel Qualification Record (DA
Form 2B) dated 26 May and 23 September 2004, and a copy of her Body Fat
Content Worksheet.
CONSIDERATION OF EVIDENCE:
1. She was commissioned as a United States Army Reserve (USAR) second
lieutenant on 24 May 2002 and was detailed as a military police (MP) corps
officer and completed the MP officer basic course on 6 March 2003.
2. On 1 October 2004, while assigned to a USAR Troop Program Unit, the
applicant was promoted to the rank of 1LT effective 30 September 2004.
3. In the processing of this case a staff advisory opinion was obtained
from the Human Resources Command (HRC) – St Louis, Office of Promotions,
Reserve Components. Officials at that office changed her date of rank to
23 September 2004, the date she was assigned to a higher graded position.
4. The advisory opinion was forwarded to the applicant for comment and she
responded to the effect that she was assigned to a 1LT position at the time
she was eligible for promotion on 23 May 2004 and provides a DA Form 2B
dated 26 May 2004 to show that she was occupying a 1LT position on 27 April
2004. She also states that Army Regulation 135-155 indicates that it is
not a requirement to occupy a higher graded position for promotion to the
rank of 1LT.
5. The DA Form 2B dated 26 May 2004 shows that the applicant was assigned
to a 1LT position as an operations officer on 27 April 2004. The DA Form
2B dated 23 September 2004 shows that she was assigned to a captain (CPT)
position as a commander on 23 September 2004.
6. Army Regulation 135-155 provides the [policies and procedures for
selecting and promoting commissioned officers of the USAR. It provides, in
pertinent part, that an officer serving in the rank of second lieutenant
will be considered for promotion without review by a selection board.
Promotion to the rank of 1LT requires a minimum of 2 years time in grade
and completion of the officer basic course.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the advisory opinion obtained from the HRC, the
applicant has provided sufficient evidence to show that while serving in
the rank of second lieutenant, she was assigned to a 1LT position on 27
April 2004. Accordingly, she should have been promoted to the rank of 1LT
when she became eligible for promotion on 23 May 2004.
2. Therefore, it would be in the interest of justice at this time to
change her date of rank (DOR) and effective date from 23 September 2004 to
23 May 2004 and to remove all other documents related to her promotion to
the rank of 1LT from her records.
BOARD VOTE:
___sk___ __dja___ __drt___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
changing her DOR and effective date for promotion to 1LT to 23 May 2004,
with entitlement to all back pay and allowances and to remove all other
documents related to her promotion to the rank of 1LT from her records.
Stanley Kelley
______________________
CHAIRPERSON
INDEX
|CASE ID |AR200500002394 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051108 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY | |
|ISSUES |315/dor |
|1.131.0500 | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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