RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 April 2007
DOCKET NUMBER: AR20060010753
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 |
| |Ms. Lisa O. Guion | |Analyst |
The following members, a quorum, were present:
| |Mr. Kenneth L. Wright | |Chairperson |
| |Ms. LaVerne M. Douglas | |Member |
| |Ms. Ernestine R. Fields | |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, in effect, that his major (MAJ) date of rank
(DOR) be changed from 1 October 2005 to 1 May 2003.
2. The applicant states, in effect, he was approved by the 2003 MAJ
Promotion Board and that his DOR for MAJ should be changed to 1 May 2003.
3. The applicant provides notification of his promotion consideration to
MAJ in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he was appointed a Reserve
commissioned officer in the United States Army Reserve (USAR) as a captain
on 12 December 1997.
2. The applicant’s Official Military Personnel File (OMPF) includes Chief,
Military Personnel Actions Branch, Army Reserve Personnel Command, (renamed
Army Human Resources Command (AHRC), Memorandum, dated 9 July 2003. This
memorandum was sent to the applicant informing him of his recommendation
for promotion to MAJ. He was also informed that he did not meet the
qualifications for promotion for the following reasons: his record was
void of a USARC Form 56-R and mobilization orders (if he was mobilized),
failure to meet the maximum height and weight standards in accordance with
Army Regulation 600-9, and his failure to “pass” a record Army Physical
Fitness Test within the period required by Army Regulation 350-41.
3. The applicant's OMPF includes a DA Form 268 (Report to Suspend
Favorable Actions (FLAG). This document dated 4 February 2006, shows that
the FLAG was removed from the applicant’s record on 1 October 2005.
4. AHRC, St. Louis Order Number B-02-601314, dated 6 February 2006,
announced the applicant’s promotion to MAJ effective on and with a date of
rank of 1 October 2005.
5. In an advisory opinion from the Chief, Special Actions Branch, Office
of Promotions, Reserve Components, AHRC, indicated that the applicant was
considered for promotion to MAJ by the Department of the Army (DA), Army
Medical Department (AMEDD) Promotion Board and recommended. This official
also stated that the applicant was notified by memorandum, dated 9 July
2003, that he was under suspension of favorable actions for numerous
reasons.
6. The AHRC official also stated that the applicant’s unit furnished
information indicating that the he was fully qualified for promotion as of
1 October 2005 and that promotion orders were issued accordingly. This
official further recommended that the applicant’s request for an adjusted
DOR be denied.
7. The applicant was forwarded a copy of the advisory opinion for his
comments/rebuttal on 28 December 2006. To date he has not responded.
8. Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers. The regulation specifies that when an
officer has been recommended for promotion to the next higher grade, the
officer’s promotion is automatically delayed when the officer is under
suspension of favorable personnel actions.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is not
entitled to adjustment to his date of rank for major from 1 October 2005 to
1 May 2003.
2. The applicant's contentions have been noted; however, while the
applicant was under a suspension of favorable personnel actions (FLAG), he
remained ineligible for promotion. The record shows that on 1 October
2005, once the FLAG was lifted, he was promoted accordingly. Therefore,
there is no evidence of an error or injustice related to his major date of
rank.
3. In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust. The applicant has failed to
submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__KLW __ __LMD__ __ERF __ 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.
_____Kenneth L. Wright___
CHAIRPERSON
INDEX
|CASE ID |AR20060010753 |
|SUFFIX | |
|RECON |NO |
|DATE BOARDED |2007/04/10 |
|TYPE OF DISCHARGE |NA |
|DATE OF DISCHARGE |NA |
|DISCHARGE AUTHORITY |NA |
|DISCHARGE REASON |NA |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Schwartz |
|ISSUES 1. |131.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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