RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 March 2008
DOCKET NUMBER: AR20070006847
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. William D. Powers
Member
Mr. Jerome L. Pionk
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 an adjustment to his date of rank (DOR) for major from
17 November 2004 to 11 June 2004.
2. The applicant states that he was promotable on 11 June 2004 while his unit was being mobilized for deployment to Iraq. His packet was initiated on 20 July 2004, and approved at Regimental Headquarters on 25 July 2004. His packet was sent to the promotion board without a current copy of his annual medical certificate. This delayed his promotion until 30 September 2004. Federal recognition was published effective 17 November 2004.
3. The applicant provides copies of his Service School Academic Evaluation Report (DA Form 1059) and a letter of support from his regimental commander.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving as member of the Tennessee Army National Guard in the rank of major, with a DOR of
17 November 2004.
2. Orders 243-246 [as amended], Tennessee Army National Guard, dated
30 August 2004, promoted the applicant to the rank of major based on a position vacancy, effective 17 November 2004.
3. In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia. It stated that the applicant was promoted based on a position vacancy, and the recommendation was that the applicants request for an adjustment of his DOR be denied.
4. The advisory opinion was mailed to the applicant on 7 January 2008. The applicant has not responded.
5. The Reserve Officer Personnel Management Act (ROPMA), effective
1 October 1996, prescribed the policies and procedures to consolidate and modernize the laws governing the management of Reserve component officers. ROPMA specifies that the officer must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve or an Individual Mobilization Augmentee position.
6. The letter of support provided by the applicant clearly discusses the circumstances surrounding the delay of his promotion, his personal hardship as a result of being mobilized, and the personnel concerns with establishing a new mobilization site. The author further states that the applicant attained promotable status as of 11 June 2004, but does not say he was in a major's position at that time.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence showing that the applicant was assigned to a major's position at any time prior to 17 November 2004.
2. ROPMA specifies that an officer must be serving in the higher graded position to be promoted. In the applicant's case, he was not assigned to a major's position until 17 November 2004. Therefore, his request to adjust his date of rank should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_JEA __ __WDP__ __JLP ___ 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.
__ James E. Anderholm __
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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A memorandum for Army National Guard Personnel Center, United States Army Personnel Command, dated 27 January 1995, stated that the applicant was eligible for promotion to captain effective 23 June 1995; and that he was extended Federal recognition in this grade effective 16 December 1994. It stated that the applicant was transferred to a captain's position effective 1 April 1996. In the applicant's case, he was not assigned to a captain's position until 1 April 1996.
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ARMY | BCMR | CY2004 | 20040004679C070208
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The orders also specified that the effective date of his promotion in the Army National Guard of the United States (ARNGUS) would be the date Federal Recognition orders were published. In the processing of this case a staff advisory opinion was obtained from the NGB, Chief, Personnel Division, which provides that on 28 September 2004, the President of the United States signed an executive order effective 1 October 2004, delegating signature authority for promotions to O-5 and below to the...
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The orders also specified that the effective date of his promotion in the Army National Guard of the United States (ARNGUS) would be the date Federal Recognition orders were published. In the processing of this case a staff advisory opinion was obtained from the NGB, Chief, Personnel Division, which provides that on 28 September 2004, the President of the United States signed an executive order effective 1 October 2004, delegating signature authority for promotions to O-5 and below to the...
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ARMY | BCMR | CY2003 | 2003091744C070212
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ARMY | BCMR | CY2005 | 20050001834C070206
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