RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060010284 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. William F. Crain

Member

Mr. Dale E. DeBruler

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 his date of rank (DOR) and effective date for promotion to major (MAJ) be corrected from 13 June 2006 to 28 March 2006.

2.  The applicant states, in effect, that the memorandum notifying him of his selection for promotion to MAJ was not received by the supporting Human Resources (HR) office in a timely manner, which resulted in a delay in the publication of his promotion orders.  The applicant also states, in effect, that he made numerous attempts to contact various offices to facilitate the administrative process and eventually the appropriate office received the memorandum; however, his promotion order was not published until 2 June 2006.

3.  The applicant provides a copy of Headquarters, U.S. Army Human Resources Command (HQ, USA HRC), St. Louis, Missouri memorandum, dated 28 March 2006, subject:  Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty; Headquarters, Colorado Army National Guard (COARNG) Element, Joint Force Headquarters (- Det 1), Centennial, Colorado, Orders
153-007, dated 2 June 2006; Headquarters, National Guard Bureau (NGB), Washington, District of Columbia (DC), Special Orders Number 149 AR, dated
13 June 2006; and electronic mail (email), dated 12 July 2006, subject:  Change of Fed Rec Date.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military service records show that he enlisted as a cadet in the U.S. Army Reserve for a period of 8 years on 2 September 1993.  On 12 May 1995, the applicant was commissioned in the grade of second lieutenant (2LT) in the Adjutant General's Corps and he transferred to the COARNG on 1 July 1995. The applicant was promoted to first lieutenant (1LT) on 13 February 1998 and later branch transferred to the Medical Service Corps.  He was promoted to captain (CPT) on 10 July 2000, completed the Army Medical Department Officer Advanced Course on 26 November 2003, and the Combined Arms and Services Staff School on 31 July 2004.

2.  The applicant's military service records contain a copy of HQ, USA HRC,
St. Louis, Missouri memorandum, dated 28 March 2006, subject:  Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty.  This document shows that the applicant was selected for promotion to the grade of MAJ (pay grade O-4) by the Department of the Army Reserve Components
(DA RC) Selection Board that adjourned on 27 January 2006, with an effective date of 9 July 2007.  This document also shows, in pertinent part, that the effective date of the promotion will be either 9 July 2007, the date Federal recognition is extended in the higher grade, or the date following the date Federal recognition is terminated in current Reserve grade.

3.  In connection with the processing of this case, the Board requested and received an advisory opinion from the Chief, NGB, Personnel Division, ARNG Readiness Center, Arlington, Virginia.  The NGB advisory opinion recommends the applicant's DOR for MAJ be adjusted from 13 June 2006 to 28 March 2006.

     a.  The advisory official states that the applicant's unit Personnel Office (S-1) did not receive the USA HRC promotion selection memorandum in a timely manner.  As a result, Headquarters, COARNG Element, Joint Force Headquarters (- Det 1), Centennial, Colorado, Orders 153-007, dated 2 June 2006, were published promoting the applicant to MAJ, with an effective date of
2 June 2006.  Subsequent to this, Headquarters, NGB, Washington, DC, Special Orders Number 149 AR, dated 13 June 2006, was published announcing the extension of Federal recognition of the applicant's promotion to MAJ in the ARNG, effective 13 June 2006.

     b.  The NGB advisory official states that coordination by the NGB Personnel Division, Appeals/Analysis section with the Office of the National Guard, Chief, Surgeons Medical Branch, resulted in a recommendation that the applicant's DOR for MAJ be adjusted to 27 January 2006, with an effective date of 28 March 2006 (i.e., the date of the HQ, USA HRC, St. Louis, memorandum).

4.  On 8 March 2007, the applicant was provided a copy of the NGB advisory opinion in order to have the opportunity to respond.  On 12 March 2007, the applicant provided his concurrence with the advisory opinion.

5.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) prescribes policy and procedures used in the selection and promotion of commissioned officers of the Army National Guard of the United States (ARNGUS) and the commissioned and warrant officers of the USAR.  Paragraph 4-15 of Army Regulation 135-155, in pertinent part, provides procedures for computing effective promotion dates for RC component commissioned officers serving on the Reserve Active-Status List (RASL) and states "do not antedate effective dates of promotion unless required by law.  This paragraph also provides, in pertinent part, "[e]xcept as noted in subparagraph c, or in parts of this regulation, the effective date of promotion for commissioned officers (except commissioned warrant officers) may not precede the date on which the promotion memorandum is issued.  Do not issue the promotion memorandum before the date the promotion board results are approved and confirmed by the Senate (if required).

6.  Army Regulation 135-155 defines promotion eligibility date (PED) as the earliest date on which an officer who is recommended and selected may be promoted to the next higher grade.  The date of rank (DOR) is the date the officer actually or constructively was appointed or promoted to a specific grade.  It is the date used to determine the relative seniority for officers holding the same grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show he was promoted to MAJ with a DOR and effective date of 28 March 2006 because the promotion selection memorandum was not received by the supporting HR office in a timely manner, which resulted in a delay in the publication of his promotion orders.

2.  The evidence of record shows that the applicant was selected for promotion to MAJ by the DA RC Selection Board that adjourned on 27 January 2006.  The evidence of record also shows that the promotion memorandum providing notification of the applicant's selection for promotion to MAJ was published by the promotion authority on 28 March 2006.  The evidence of record further shows that the effective date of the promotion may not precede the date on which the promotion memorandum is issued and will be either the PED (i.e., 9 July 2007, in the case of the applicant) or the date Federal recognition is extended in the higher grade.

3.  Notwithstanding the recommendation provided by the Chief, Surgeon's Medical Branch (that is offered in the NGB advisory opinion and is at odds with that of the Chief, Personnel Division) to adjust the applicant's DOR for MAJ to
27 January 2006 (i.e., the date the DA RC Selection Board adjourned), the evidence of record clearly shows that the earliest date the applicant's unit and the ARNG Personnel Division could have received notice of the applicant's selection for promotion to MAJ and had the authority to promote the applicant was
28 March 2006 (i.e., the date of the promotion memorandum).  Consequently, the earliest date the applicant's unit and the ARNG Personnel Division could possibly have effected publication of promotion orders to MAJ and Federal recognition of the applicant's promotion to MAJ would also have been 28 March 2006. Therefore, in view of the foregoing, the applicant's records should be corrected to show he was promoted to MAJ with a DOR and effective date of 28 March 2006.


BOARD VOTE:

___WDP_  ___WFC_  ___DED_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 showing the applicant was:

     a.  promoted to the grade of rank of MAJ/pay grade O-4 with a DOR and effective date of 28 March 2006; and

     b.  granted Federal recognition of his promotion to the grade of rank of MAJ/ pay grade O-4, with a DOR and effective date of 28 March 2006.

2.  As a result of the above corrections, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment of all back pay (i.e., pay and allowances, less any withholdings and/or deductions) that may be due as a result of the correction.




  ___William D. Powers_____
          CHAIRPERSON




INDEX

CASE ID
AR20060010284
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/26
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
131.0500.0000
2.

3.

4.

5.

6.