RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 August 2007
	DOCKET NUMBER:  AR20060017409 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Richard T. Dunbar

Member

Mr. John T. Meixell

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 to colonel be corrected to show the effective date and date of rank of 9 February 2006.

2.  The applicant states, in effect, that he was selected for promotion to the grade of colonel by a Department of the Army Promotion Board on 5 August 2005 and was subsequently notified by Army Human Resources Command (AHRC), St. Louis, Missouri, on 17 November 2005.  He further states that he contacted the Kentucky Army National Guard (KYARNG) and was told that the National Guard Bureau (NGB) would issue the promotion guidance soonest.  The KYARNG notified him on 14 July 2006 that there were no colonel positions projected and that the Individual Ready Reserve (IRR) was his only option.  The applicant concludes that had he been notified in a timely manner, he would have chosen the IRR immediately.  The applicant also states that he was on Contingency Operation Temporary Tour of Active Duty (COTTAD) Orders at the time, serving in a colonel billet.

3.  The applicant provides a copy of the AHRC letter dated 17 November 2005 and a copy of the KYARNG letter dated 30 June 2006, both regarding his eligibility for promotion, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he was a member of the KYARNG when he was ordered to active duty in support of Operation Iraqi Freedom as shown on the Department of Military Affairs, KYARNG, Frankfurt, Kentucky, Orders 
286-159, dated 13 October 2005.  The applicant was mobilized during the period 8 October 2005 through 31 July 2006. 

2.  On 17 November 2005, AHRC, St Louis, Missouri notified the applicant that he was selected for promotion to colonel under the provisions of Army Regulation 135-155 (Promotion of Commissioned Officers and warrant Officers Other than General Officers) by a Board that adjourned on 5 August 2005.  The notification letter also informed the applicant that his date of rank would be either of the following dates:

	a.  8 February 2006.

	b.  Date Federal recognition is extended in the higher grade, or

	c.  date following the date Federal recognition is terminated in the current grade. 

3.  On 30 June 2006, Headquarters, KYARNG notified the applicant that he was selected for promotion to colonel and that he had the following options as a result of this promotion, with a suspense date of 15 August 2006:

	a.  If occupying a colonel position, he may be promoted to colonel.

	b.  If no higher grade position is available, he may choose to transfer to the IRR and be promoted to colonel.

	c.  If he declined the promotion, he would be removed from the promotion list.

	d.  He may elect to delay promotion for up to 3 years from date of eligibility in 1 year increments.  Additionally, there were no positions or projected vacancy for promotion so a delay would not be approved.

4.  On 14 July 2006, the applicant tendered his resignation as an officer in the KYARNG effective 31 July 2006 and requested a transfer to the Army Reserve with assignment to the U.S. Army Reserve (USAR) Control Group (Annual Training or Reinforcement) effective 1 August 2006.

5.  Department of Military Affairs, KYARNG, Frankfurt, Kentucky, Orders Number 212-805, dated 31 July 2006 shows the applicant was honorably separated from the Army National Guard and transferred to the IRR effective 31 July 2006.  The applicant’s NGB Form 22 (Report of Separation and Record of Service) confirms he was separated on 31 July 2006.

6.  National Guard Federal Recognition Orders Number 192 AR, dated 3 August 2006, awarded the applicant permanent Federal Recognition for the purpose of transfer to the United States Army Reserve, effective 31 July 2006 

7.  AHRC, St Louis, Missouri, Orders Number B-09-606511, dated 1 September 2006, show the applicant was promoted to the grade of colonel with an effective date and date of rank of 1 September 2006.

8.  An advisory opinion was solicited from the National Guard Bureau in the processing of this case.  However, in a memorandum dated 11 July 2007, the Chief of Personnel Division, National Guard Bureau, returned the advisory opinion stating that the applicant was transferred from the KYARNG on 31 July 2006 and was subsequently promoted to colonel by the USAR on 1 September 2006.

9.  Army Regulation 135-155 states, in pertinent part, that an ARNGUS officer extended Federal recognition in a higher grade will be appointed in the same grade as a Reserve commissioned officer of the Army by memorandum published by the Chief, National Guard Bureau.  Additionally, ARNGUS commissioned officers (other than commissioned warrant officers) who are on a promotion list resulting from a mandatory promotion board will be extended Federal recognition in the higher grade. This will be without examination by a Federal recognition board when the officer is appointed in the State in that higher grade to fill a vacancy in the Army National Guard

10.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve officers.  Paragraph 4-21d of the regulation states, in pertinent part, that TPU officers selected by a mandatory board will be promoted provided they are assigned and/or attached to a position in the higher grade. A TPU officer who is selected for promotion by a mandatory promotion board, but who is not assigned/attached to a position in the higher grade, will be promoted on the date of assignment/attachment to a position in a higher grade.  The date of rank will be the date on which the officer is assigned and/or attached to a position in the higher grade.

11.  Paragraph 4-11 of Army Regulation 135-155 states, in pertinent part, that an officer's promotion is automatically delayed when the officer, through his or her own fault has not taken and passed an Army Physical Fitness Test (APFT) within the period required.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank to colonel should be corrected to show the effective date and date of rank as 9 February 2006.

2.  There is no evidence in the applicant's records and the applicant did not provide any evidence that he was assigned to an authorized O-6 position prior or during his mobilization period.

3.  Evidence of records shows that the applicant did not transfer to the IRR until 31 July 2006.  Additionally, evidence of record shows the applicant's Army Physical Fitness Test data was not submitted or entered onto his military records until 1 September 2006. 

4.  An officer who has been recommended for promotion to the next higher grade must meet all of the requirements before being promoted in the Reserve Components.  There is no evidence in the available records, nor did the applicant provide any documentation verifying that he met all the requirements for promotion to colonel prior to the effective date of 1 September 2006. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__le____  __rtd___  __jtm___  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.




							Lester Echols
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060017409
SUFFIX

RECON

DATE BOARDED
20070823
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
131.0500
2.

3.

4.

5.

6.