RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 MARCH 2007
	DOCKET NUMBER:  AR20060002986 


	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.


	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 records be corrected by changing his date of rank (DOR) to major from 16 May 2005 to some time in 2001 or 2002. Additionally, he requests all back pay and allowances associated with the new DOR.

2.  The applicant states that his promotion packet for the 2002 Major Reserve Component Selection Board was not reviewed or considered due to an erroneous discharge code entered on his documentation.  Prior to being considered by the 2003 Major Reserve Selection Board, he was assigned to a major's slot; however he was reassigned to a captain's slot when his slot was filled by a promotable captain.  

3.  The applicant provides various orders, Officer Evaluation Reports (OERs), several memorandums, DD Form 214 (Certificate of Release or Discharge from Active Duty), and DA Form 2-1 (Personnel Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the United States Army Reserve on 31 August 1989.  He was ordered to active duty on 11 May 1990 and served until his discharge on 15 April 2000.  While on active duty, he was promoted to the grade of captain with a DOR and effective date of 1 June 1994, which established his promotion eligibility date to major as 31 May 2001.  

2.  The applicant transferred from the United States Army Reserve to the Pennsylvania Army National Guard on 14 June 2000, in the grade of captain.

3.  On 26 July 2001, the applicant was notified that he had been considered for promotion to the grade of major, but not selected for promotion by the Department of the Army Reserve Components Mandatory Selection Board which convened on 6 March 2001. 

4.  A memorandum, dated 20 May 2003, informed the applicant that he was recommended for promotion to major by the Department of the Army Standby Advisory Board which convened on 25 November 2002 under the criteria of the 2001 Army Reserve Components Mandatory Selection Board that originally convened on 6 March 2001.  The president approved the board results on         27 June 2001.  It was determined that his performance fiche had not been reviewed by that board.

5.  On 6 June 2003 and 7 August 2003, the Army National Guard Personnel Center was notified by the U.S. Total Army Personnel Command - St. Louis, that the applicant had been selected for promotion to major by a Standby Advisory Board under the criteria of the 2001 Army Reserve Components Mandatory Selection Board, with a date of rank of 27 June 2001.

6.  On 15 September 2003, the applicant requested a delay of promotion under the provisions of Reserve Officer Personnel Management Act (ROPMA).  He elected to delay his promotion to the grade of major until 3 April 2006.  The applicant’s request was approved. 

7.  The applicant’s OERs show that at the time of the original March 2001 Selection Board and his selection by the 25 November 2002 Standby Advisory Board the applicant was assigned as the Assistant Division Signal Officer.  This was a  position authorized the rank of major.

8.  The applicant was also recommended for promotion by the 2003 Major Selection Board that adjourned on 4 April 2003.  He was reassigned to a major's position on 15 April 2005, and was promoted to major with a DOR of 
16 May 2005.  

9.  In the processing of this case an advisory opinion was obtained from the National Guard Bureau, Personnel Division.  The Personnel Division recommended approval of the applicant’s request to adjust his date of rank to   
3 June 2002 and to give him the back pay and allowances that correction would necessitate.  The Personnel Division explained that according to e-mail traffic between the applicant and Human Resources Command (HRC) St. Louis, Office of Promotion, the applicant was told to request a Special Selection Board (SSB) based upon an incorrect discharge code on his record.  On 23 July 2002, the applicant requested an SSB.  The Personnel Division also verified that the applicant had been slotted in a major position at the time he was nonselected for promotion.  However, on 9 January 2003, the Pennsylvania Army National Guard reassigned the applicant from a major to a captain position.  

10.  On 23 September 2006, the applicant concurred with the advisory opinion.

11.  On 12 March 2007, the National Guard Bureau, Personnel Division verified that the applicant was originally assigned to a major position on 1 March 2001.  He was assigned in that position until his reassignment in January 2003. 


12.  Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states, in pertinent part, that officers who are selected for promotion to the next higher grade may voluntarily request delay of the promotion for a period, in 1-year increments, to a maximum of 3 years from the date on which the officer would otherwise be promoted. 

13.  National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions) states that officers who are selected for promotion by a Department of the Army mandatory Board, but cannot be promoted because of grade authorization or because they are not in a position calling for the higher grade are not required to decline promotion.  The promotion of these officers is delayed and they remain on the promotion list until promoted to the higher grade, or transferred to the United States Army Reserve Individual Ready Reserve.   

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was reconsidered and recommended for promotion to major by a Standby Advisory Board on 25 November 2002, 
under the criteria of the 2001 Department of the Army Reserve Component Selection Board.  At the time of the original March 2001 Selection Board and
his 25 November 2002 Standby Advisory Board, the applicant was serving in a major's position.

2.  Memorandums from the U.S. Total Army Personnel Command - St. Louis, notified the National Guard Bureau that the applicant had been selected for promotion to major by a Standby Advisory Board with a date of rank of 27 June 2001.

3.  Since the applicant was occupying a major's slot when he was nonselected for promotion and when he was selected for promotion, it is now appropriate to adjust his effective date and his DOR with entitlement to back pay and allowance from the adjusted effective date of 27 June 2001 based on the President’s approval date of the board.  The applicant's DOR should be adjusted from         16 May 2005 to 31 May 2001, based on his selection under the criteria of the 2001 Department of the Army Reserve Component Selection Board and being in the higher grade on his promotion eligibility date.  




BOARD VOTE:

___MP __  ___LR __  __RB ___  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 showing he was promoted to the rank of major effective 27 June 2001 with entitlement to all back pay and allowances from 27 June 2001 and an adjustment date of rank of 31 May 2001.  




____Margaret Patterson______
          CHAIRPERSON




INDEX

CASE ID
AR20060002986
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070315
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
131.00
2.

3.

4.

5.

6.