RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060009845 


	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.  


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	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 his date of rank (DOR) to major (MAJ) be adjusted to 24 May 2001.

2.  The applicant states that his DOR for promotion to MAJ exceeded the Federal statute for maximum time in grade (TIG) of seven years.  He contends that his DOR should be amended to correctly reflect when his promotion should have been.

3.  The applicant provides a copy of his promotion letter to captain (CPT) and his promotion letter to MAJ.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Individual Ready Reserve (IRR) in the rank of MAJ.

2.  The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 16 May 1987.  He was promoted to first lieutenant on 26 May 1990.

3.  He was promoted to CPT on 25 May 1994.

4.  Department of the Army, U.S. Total Army Personnel Command, St. Louis, Missouri Orders C-06-016555, dated 14 June 2000, reassigned the applicant to the U.S. Army Reserve (USAR) Control Group (Reinforcement) with an effective date of 14 June 2000.

5.  The applicant was released from the USAR Control Group (Reinforcement) 
on 5 July 2000 and was reassigned to Headquarters and Headquarters Command, 350th Civil Affairs Company, Pensacola, Florida.

6.  He was promoted to MAJ on 14 July 2001.

7.  Headquarters, United States Army Special Operations Command, Fort Bragg, North Carolina Order R217-21, dated 5 August 2001, transferred the applicant from Headquarters and Headquarters Command, 350th Civil Affairs Command, Pensacola, Florida to the USAR Control Group (Reinforcement) with an effective date of 13 July 2001.  


8.  Headquarters, United States Army Special Operations Command, Fort Bragg, North Carolina Order R264-22, dated 21 September 2001, amended Order R217-21, dated 5 August 2001, to change the effective date of the applicant’s reassignment to the USAR Control Group (Reinforcement) from “13 July 2001” to “31 July 2001.”

9.  In the processing of this case, a staff advisory opinion was obtained from the Chief of Special Actions Branch, Office of Promotions, Reserve Components, U.S Army Human Resources Command, St. Louis, Missouri.  The Chief of Special Actions Branch recommended denial of the applicant’s request for a DOR adjustment.  The opinion stated the applicant was promoted to CPT on 25 May 1994.  Promotion to MAJ requires 7 years TIG; therefore, the applicant’s promotion eligibility date was 24 May 2001.  The opinion stated the applicant was considered for promotion to MAJ by the 2001 Department of the Army Reserve Component Selection Board and selected for promotion.  The board results were approved by the President of the United States on 27 June 2001 and released on 26 July 2001.  The opinion also states that information obtained from the database reflected the applicant transferred from a Troop Program Unit (TPU) status to the IRR on 14 July 2001.  This office did not have promotion authority to promote TPU Soldiers when the board results were released.  The applicant was transferred into the IRR on 14 July 2001 and he was given the earliest possible promotion date of 14 July 2001.

10.  A copy of the advisory opinion was forwarded to the applicant in order to allow him to submit possible rebuttal.  The applicant stated that under Title 10, United States Code, section 1401(a) (sic, should be 14101(a)) and the Reserve Officer Personnel Management Act (ROPMA) mandatory promotion consideration is scheduled so that selected officers can be promoted not later than their current maximum TIG (7 years in the rank of CPT).  He stated that consideration would be the year immediately prior to their maximum TIG date.  He transferred from the TPU slot he occupied because the unit did not have an O-4 position available.  Through no fault of his own, the administrative process did not show he transferred to the IRR until 14 July 2001.  He requested that the ABCMR adjust his DOR for promotion to MAJ to 24 May 2001 or 27 June 2001, whichever date would be more in accordance with any guidance from Federal statue, Department of Defense policies and regulations, or Army regulations.


11.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other Than General Officers) prescribes the policies and procedures for promotion of Reserve officers.  The regulation provides that mandatory selection boards will be convened each year to consider Army Reserve officers in an active status for promotion to CPT through lieutenant colonel.

12.  Paragraph 4-21 of Army Regulation 135-155 covers the effective dates of promotion.  It states, in pertinent part, that unit officers selected by a mandatory board will have a promotion date and effective date no earlier that the date the board is approved or the date of Senate confirmation (if required), provided they are assigned to a position in the higher grade.  When the board approval or, if required, Senate confirmation is before assignment to the position in the higher grade, the effective date and the date of promotion will be the date of assignment to the higher graded position.  

13.  Subparagraph 4-21c(2) of Army Regulation 135-155 states that officers who transfer from a unit on or after reaching maximum TIG (during a period of voluntary delay) are promoted effective on the date of transfer to a nonunit status.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 16 May 1987.  He was promoted to CPT on 25 May 1994 and his promotion eligibility date for promotion to MAJ was 24 May 2001.

2.  The advisory opinion states the applicant was selected for promotion to MAJ by the 2001 Department of the Army Reserve Component Selection Board and the board was approved on 27 June 2001.  However, it appears there were no MAJ positions available within his unit at that time.  He transferred to the IRR on 14 July 2001.  Therefore, he was promoted on 14 July 2001 with an effective date and DOR of 14 July 2001, the effective date he transferred to a nonunit status.

3.  The applicant contended his failure to be transferred to the IRR by 24 May 2001 was due to an administrative delay and not through his own fault.  However, there is insufficient evidence (such as his request for transfer) to support this contention.  In the absence of such evidence, there appears to be no error or injustice that exists in this case.  Therefore, there is no basis to adjust his DOR to MAJ from 14 July 2001 to 24 May 2001.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x______  x______  x_____  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.




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          CHAIRPERSON




INDEX

CASE ID
AR20060009845
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070301
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
102.0700
2.

3.

4.

5.

6.