RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 May 2007
	DOCKET NUMBER:  AR20060012540 


	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, a backdated promotion to first lieutenant (1LT) for his 24 months in the United States Army Reserve (USAR).  

2.  The applicant essentially states that he was promoted to 1LT on 16 January 2006 after serving 18 months of active duty in the rank of second lieutenant (2LT), but that he should have been promoted to 1LT on 17 May 2004 after he completed 
24 months of service as a 2LT in the USAR.

3.  The applicant provides a memorandum for record, dated 25 August 2006, his 
DA Form 597-3 (Army Senior Reserve Officers’ Training Corps [ROTC] Scholarship Cadet Contract), DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), and DA Form 71 (Oath of Office – Military Personnel), a memorandum appointing him as a 2LT on 18 May 2002, a Memorandum of Understanding Between Early Commissioning Program Participants and the ROTC Cadet Command, two officer evaluation reports, orders, as amended, ordering him to temporary active duty to attend an officer basic course, then proceed to his first permanent duty station, a DA Form 1506 (Statement of Service), orders discharging him from the USAR on 17 May 2004, orders promoting him to 1LT with a date of rank and effective date of 16 January 2006, his Officer Record Brief, and a DA Form 1059 (Service School Academic Evaluation Report) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty as a member of the USAR in an obligated volunteer officer status, with a current expiration of service obligation of 
10 January 2009.

2.  The applicant’s military records show that he was commissioned as a 2LT in the USAR on 18 May 2002.  

3.  The applicant provided orders which show that he was discharged from the USAR on 17 May 2004 after completing 24 months of service in the USAR.  However, as the applicant had not completed an Officer Basic Course (OBC) which, along with completing 24 months service as a 2LT, was the requirement for promotion to 1LT in the USAR, he was not eligible for promotion to 1LT when he completed 24 months of service in the USAR.

4.  The applicant also provided orders, as amended, which ordered him to temporary active duty to attend an OBC and, upon completion of OBC, to proceed to his first permanent duty station, which was in Korea.
5.  The applicant also provided orders to active duty and assignment to Korea with a reporting date of 10 January 2005.  These orders also stated, in pertinent part, that the applicant’s active duty accession month and year on the Active Duty List (ADL) was July 2004, and that he would commence travel on 16 July 2004.

6.  The applicant’s DA Form 1059 shows that he completed an OBC on 8 December 2004.

7.  The applicant was promoted from 2LT to 1LT with a date of rank and effective date of 16 January 2006, the date upon which he met the promotion eligibility requirements for promotion to 1LT on the ADL by completing 18 months of service as a 2LT on the ADL.   

8.  During the processing of this case, an advisory opinion was obtained from the Office of Reserve Component Promotions, United States Army Human Resources Command, St. Louis, Missouri.  That office essentially recommended that the applicant’s request for a backdated promotion to 1LT based upon his 24 months in the USAR from 18 May 2002 to 17 May 2004 be disapproved, as he had not completed the Reserve promotion requirement to complete OBC.

9.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal, and provided an adequate amount of time to submit a rebuttal to the advisory opinion.  The applicant failed to respond within the prescribed time given him.

10.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve officers.  This regulation specifies that an officer in the rank of 2LT will be considered for promotion with review by an Administrative Promotion Board.  Promotion to 1LT requires completion of 2 years time in grade and completion of a branch OBC.  The officer's records will be screened to determine eligibility for promotion to 1LT far enough in advance to permit promotion on the date promotion service is completed.  The promotion authorities will ensure all requirements are met before announcing a promotion.  Paragraph 4-8 of this regulation specifies that the promotion will not be earlier than the date the officer is determined qualified for promotion.  

11.  Army Regulation 600-8-29 (Officer Promotions) governs promotion of officers on the ADL from 2LT to 1LT.  This regulation states, in pertinent part, that an officer will be promoted to 1LT after completing 18 months of active duty as a 2LT on the ADL.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to a backdated promotion to 1LT for his 24 months in the USAR.    

2.  The Board does not dispute the fact that the applicant completed 24 months of service as a 2LT in the USAR from 18 May 2002 to 17 May 2004; however, as he had not meet the educational requirement of completing an OBC prior to completing 
24 months of service as a 2LT in the USAR, he was not eligible for promotion to 1LT on 17 May 2004, which was also the date he was discharged from the USAR.  

3.  Evidence of record shows that the applicant was properly promoted to 1LT on the ADL on 16 January 2006 after completing 18 months service as a 2LT on the ADL.  As the applicant was not eligible for promotion to 1LT in the USAR on 17 May 2004 because he had not completed the educational requirement of completion of an OBC, and the fact that he was discharged from the USAR on 17 May 2004, he was promoted to 1LT at his earliest opportunity on 16 January 2006.  

4.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__YM ___  __LD ___  ___GP __  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.




___Yolanda Maldonado_____
          CHAIRPERSON
INDEX

CASE ID
AR20060012540
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070515
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
131.0300.0000
2.
131.0400.0000
3.

4.

5.

6.