RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060014594 


	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

Director

MS. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

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, adjustment to his effective date and date of rank for major from 18 February 2004 to 17 July 2003.

2.  The applicant states, in effect, that his promotion to major was delayed due to the non-processing of his promotion orders by his Reserve command (821st Regional Readiness Command [RRC]) through no fault of his own.  He would like to have his date of rank to major backdated to when the actual promotion list for the Major Reserve Components Selection Board (RCSB) was released.  He also states that he was mobilized and serving as a captain on active duty when the 2003 RCSB was approved and published on 17 July 2003.  At that time, he was attending the Chemical Officer Advanced Course (OAC) at Fort Leonard Wood and many of his classmates also made the promotion list.  They were all promoted by the Reserve commands within a few days.  This error has been quite common for mobilized Army Reservists and can only be resolved by an application to the Army Board for Correction of Military Records (ABCMR). It would be in the interest of justice to adjust his date of rank.  

3.  The applicant also states that in his case, his Reserve command did not promoted him until the following year.  He contacted them about the delay and was told that they were just too busy with the mobilizing of units for overseas deployment to Operations Enduring and Iraqi Freedom.  They would catch up on their backlog of promotions later.  He met all the requirements for promotion to major.  He was in a mobilized status as required when the promotion list was officially released on 7 August 2003.  He was in a major's position at the Forces Command (FORSCOM) Augmentation Unit within 180 days as required and was officially promoted to major on 18 February 2004, 6 months later.  He was informed by his chain of command that this matter could be administratively handled by the ABCMR.  

4.  The applicant provides copies of the 2003 RCSB Promotion List for Major; his troop program unit (TPU) assignment orders; his promotion memorandum for major; his 2004 and 2005 mobilization orders; a Justification Sheet from the FORSCOM, Fort McPherson, Georgia; and his USARC Form 56-R (Promotion Qualification Statement), in support of his application.






CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the Georgia Army National Guard (GAARNG), as a captain, on 7 December 2000.  He was separated from the GAARNG on 5 February 2002 and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He was reassigned to a unit on 5 May 2002.

2.  The Soldier Management System (SMS), Human Resources Command (HRC), St. Louis, Missouri, shows he was mobilized on 16 January 2003, with the (FORSCOM) Augmentation Unit.  

3.  He was considered and selected for promotion to major by the 2003 RCSB that convened 3 March 2003 and recessed on 4 April 2003.  The board results were approved on 17 July 2003.

4.  On 22 March 2004, HRC, St. Louis, issued orders through the Commander, 81st RRC, Birmingham, Alabama, promoting the applicant to major with an effective date and date of rank of 18 February 2004.  

5.  The applicant was issued orders, dated 10 June 2004, deploying him in support of Operation Iraqi Freedom with a proceed date of 13 June 2004.  He was released from active duty (REFRAD) on 17 December 2004.

6.  The applicant submits a Justification Sheet from the FORSCOM, Fort McPherson, Georgia, that states he served as the Strategic Plans Officer in the FORSCOM G1 Plans and Implementation Division.  The FORSCOM G1 Plans and Implementation Division was fully reliant on augmentation by Reserve Soldiers to staff the Noble Eagle III, Enduring Freedom II, and Iraqi Freedom II missions and to meet the continuing support requirements of the Global War on Terrorism.  The applicant was mobilized in January 2003 and extended to May 2005.  Since his mobilization he has played a critical role in identifying and meeting the readiness requirements of deploying units, served as the manager of the Rear Detachment Operations and Modularity/Army Force Generation Program along with responsibility for FORSCOM Protocol actions.  






7.  The applicant also submits am USARC Form 56-R, dated 5 January 2007, that indicates he was assigned to a major's position on 1 January 2003 with the FORSCOM Augmentation Unit.  The form verified that the applicant would be assigned to a position commensurate with the grade to which he/she was being promoted upon REFRAD, or reassigned to the Individual Ready Reserve if the officer could not find an appropriate position within 180 days of the date of REFRAD.

8.  In an advisory opinion, dated 30 November 2006, the Chief, Specials Actions Branch, Office of Promotions, Reserve Components, HRC, St. Louis, stated that the applicant was selected for promotion to major by the 2003 RCSB.  The board convened on 3 March and recessed on 4 April 2003.  This board was approved on 17 July 2003.  The applicant was given 18 February 2004 as his date of rank. The ARPC Form 155-R that was provided indicated this was the date he was placed in the higher graded position.  The applicant was mobilized at the time the board was released.  A memorandum was sent through the 81st RRC stating the applicant did not meet the requirements to be promoted.  The memorandum
requested mobilization orders and a USARC Form 56-R if the Soldier was mobilized.  If a USARC Form 56-R would have been received, the Soldier would have been given the date he matched against a major position.  Nothing was received from the 81st RRC to indicate a plan for the applicant.  After the applicant was demobilized in December 2003, the 81st sent in his demobilization order and an ARPC Form 155-R indicating the date the applicant was placed in a higher grade position.  This is the earliest date he could receive without a document to indicate the date he was matched against a higher grade position.  
Although not specifically expressed, the Chief, Special Actions Branch, recommended denial of the applicant's request for adjustment of his date of rank. 

9.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 12 December 2006 and he did not respond.

10.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve officers.  This regulation specifies that officers in the grade of captain may be promoted to major upon completion of 7 years MTIG, selection by a mandatory promotion board, and have met all requirements for promotion.  An officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completes the maximum years of service.  




11.  Army Regulation 135-155, also specifies that an officer is promoted after selection, if all qualifications are met.  An officer selected by a mandatory promotion board will have a promotion effective date and date of rank no earlier than the date of approval of the mandatory board by which recommended.  

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to adjustment to his promotion effective date and date of rank for major to 17 July 2003, the approval date of the 2003 RCSB, with entitlement to back pay and allowances.

2.  The applicant was selected for promotion to major by the 2003 RCSB that was approved on 17 July 2003.  He was mobilized on active duty on 16 January 2003 with the FORSCOM Augmentation Unit.  On 5 January 2007, that unit submitted a USARC Form 56-R and a Justification Sheet verifying the applicant's assignment to a major's position on 1 January 2003.  Notwithstanding the advisory opinion that 18 February 2004 was the earliest date he could receive, based on documentation of his assignment to a higher graded position prior to the approval date of the board, the applicant was eligible for promotion to major on 17 July 2003.

3.  In view of the foregoing, the applicant's records should be corrected as recommended below.

BOARD VOTE:

__rn____  __EM____  ____WFC  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 major with an adjusted promotion effective date and date of rank of 17 July 2003, with entitlement to the pay and allowances in the higher grade on that date. 




____William F. Crain______
          CHAIRPERSON




INDEX

CASE ID
AR20060014594
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070308
TYPE OF DISCHARGE

DATE OF DISCHARGE
YYYYMMDD usar on active duty
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
102
2.

3.

4.

5.

6.