RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 January 2008
	DOCKET NUMBER:  AR20070009236 


	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

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Ms. Ann M. Campbell

Chairperson

Mr. Dean A. Camarella

Member

Mr. Rodney E. Barber

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 (DOR) for lieutenant colonel (LTC/O-5) from 11 August 2005 to 22 February 2005.

2.  The applicant states, in effect, that his promotion was contingent upon transfer to a gaining unit.  His transfer was completed and signed by both losing and gaining unit commanders on 22 February 2005.  Due to oversights by the losing command, CAPOC (Civil Affairs and Psychological Operations Command), the transfer was not processed until August 2005.  The CAPOC has since recognized this mistake and has amended the transfer order to reflect a 22 February 2005 transfer date.  

3.  The applicant provides no additional documentation in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he was appointed in the United States Army Reserve (USAR) as a second lieutenant, effective 1 March 1980.  

2.  The applicant was promoted to major (MAJ/O-4) effective 31 August 1998. 

3.  Based on the required completion of 7 years maximum time in grade (MTIG), his promotion eligibility date (PED) for lieutenant colonel was 30 August 2005.

4.  Orders Number 05-223-00021, dated 11 August 2005, were published by the CAPOC, Fort Bragg, North Carolina, reassigning the applicant from one TPU to another and to a higher graded position effective 11 August 2005.

5.  Orders Number B-09-505817, dated 7 September 2005, were published by the Army Human Resources Command (AHRC), St. Louis, Missouri, promoting the applicant to lieutenant colonel effective 11 August 2005, based on his assignment to a higher graded position.

6.  Orders Numbers 06-198-0004, dated 17 July 2006, were published by the CAPOC, Fort Bragg, amending Orders Number 05-223-00021, dated 11 August 2005, to reflect an effective date of his reassignment was 1 April 2005 and his assignment to a position with an effective dated of 1 April 2005.  These orders do not reflect the grade required of the position to which he was assigned.


7.  Orders Numbers 07-059-00002, dated 28 February 2007, were published by the CAPOC, Fort Bragg, amending Orders Number 06-198-0004, dated 17 July 2006, to show the effective date of the applicant's reassignment was 22 February 2005.  No date and grade requirement was given for his assignment to the position he would occupy.

8.  In an advisory opinion, dated 26 July 2007, the Chief, Specials Actions Branch, Office of Promotions, Reserve Components, AHRC, St. Louis, stated that the applicant’s DOR of 11 August 2005, was based on his date of assignment to the higher graded position.  His order was amended to read date of assignment as 22 February 2005.  The Chief, Special Actions Branch Office of Promotions, Reserve Components indicated that a conversation with the Office of Promotions, Notification Branch, personnel revealed that 22 February 2005 was the date the applicant was assigned to the unit and not the date he was assigned to the higher position.  If the applicant was assigned to the position on 
22 February 2005, documentation would have to be provided by the 89th Regional Readiness Command verifying 22 February 2005, as the date he was assigned to a lieutenant colonel's position. 

9.  AHRC concluded, in view of the facts presented, the applicant’s request should be disapproved.

10.  The opinion was forwarded to the applicant for his acknowledgement on 15 October 2007.  He was provided 30 days to respond; however, he did not respond.

11.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that officers in the grade of major will be considered for promotion to lieutenant colonel after serving 7 years, and that 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 service.  TPU officers must be serving in the Ready Reserve by the board convening date or serving in a position requiring the higher grade.  Promotion cannot be effective prior to approval of respective boards by the President. 







DISCUSSION AND CONCLUSIONS:

1.  The applicant is not entitled to adjustment of his date of rank for lieutenant colonel.  He has not shown error or injustice for the relief he is requesting.

2.  The applicant’s contention that his promotion was contingent upon his transfer to a gaining unit and that his transfer was completed and signed by both losing and gaining commander on 22 February 2005, but the transfer was not accomplished until August 2005 due to an oversight by the losing command, CAPOC, has been noted. 

3.  In the processing of this case an advisory opinion was requested.  In developing his advisory opinion, the Chief, Special Actions Branch, Office of Promotions, coordinated with the Notification Branch, Office of Promotions, and this office determined that 22 February 2005 was the date the applicant was reassigned to his current TPU and not the date he was assigned to the higher graded position.

4.  Based on the information that was gathered, the Chief, Special Actions Branch recommended the applicant be denied an adjustment to his effective date of promotion and date of rank.  He added, without verification of the applicant's assignment to a higher graded position prior to 11 August 2005, the applicant is not entitled to an adjustment to his effective date and date of rank for lieutenant colonel.

5.  Based on all the available evidence, the applicant is therefore not entitled to an adjustment of his effective date of promotion and date of rank to 22 February 2005.  The applicant's date of rank and promotion effective date are proper and he has not shown otherwise.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_amc____  ___RB___  __DAC _  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.




_____Ann M. Campbell____
          CHAIRPERSON




INDEX

CASE ID
AR20070009236
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080103
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . USAR ON AD DUTY
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
102
2.

3.

4.

5.

6.