RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  05 February 2008
	DOCKET NUMBER:  AR20070011378 


	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. Jeanne Marie Rowan

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Antonio Uribe

Member

Mr. Ronald D. Gant

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, that her United States Army Reserve date of rank to captain be changed from 8 February 2007 to May 2006. 

2.  The applicant states, in effect, that her first lieutenant date of rank was incorrect.  Therefore, she was not eligible for promotion consideration to captain when the March 2006 USAR Unit Vacancy Promotion Board convened. Her date of rank to first lieutenant was corrected, which she states means she would have been eligible for this specific Unit Vacancy Promotion Board.  

3.  The applicant provides the following documents in support of her application:

     a.  a Reserve Commissioned Officer of the Army appointment letter, dated 28 December 2001; 

     b.  a copy of DA Form 4935 (Request for Unit Vacancy Fill), dated 13 February 2005;

     c.  a copy of DA Form 2464 (USAR Unit Vacancy Promotion Recommendation), dated 30 January 2006;

     d.  a copy of page 4 of the 75th Headquarters and Headquarters Detachment, Projection Battle Group, Unit Manning Report, dated 13 February 2006;

     e.  a memorandum, dated 15 February 2006, announcing a position vacancy board;    

     f.  a corrected copy of a promotion memorandum to first lieutenant, dated 2 August 2006;

     g.  a memorandum, dated 13 February 2006, which states the applicant does not meet the time in grade requirements;

     h.  two letters, dated 7 August 2006, which show the applicant's date of rank to first lieutenant was corrected; 

     i.  Permanent Order Number B-02-701415, dated 22 February 2007, promoting the applicant to captain; and

     j.  a memorandum, dated 19 April 2007, requesting the applicant's date of rank to captain be adjusted.
CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the USAR on 28 December 2001.

2.  On 1 September 2004, the applicant was promoted to first lieutenant with a date of rank of 11 August 2004.

3.  On 30 January 2006, the applicant's brigade commander recommended her to the March 2006 USAR Unit Vacancy Promotion Board.  The commander stated, in effect, that the applicant was fully qualified and capable of performing the duties of the next higher grade.  He also stated that her date of rank did not meet the time in grade requirements for consideration of promotion to captain.  However, he noted in his recommendation that the applicant's file was to be considered by a special board to correct her date of rank.

4.  On 13 February 2006, the brigade adjutant wrote a memorandum to his commander that stated, in effect, that the applicant's recommendation for promotion to the USAR Unit Vacancy Promotion Board would be rejected by Human Resources Command-St. Louis because the applicant did not meet the time in grade requirements by 28 March 2006, the date the promotion board was convened, unless her date of rank to first lieutenant was corrected prior to the convening date of the Board. 

5.  On 15 February 2006, Headquarters, 75th Division (Training Support) published a position vacancy announcement memorandum, which certified that a position was advertised for a 30-day period on the HRC-St. Louis website with no qualified officers identified to fill the position.

6.  On 9 June 2006, the Army Board of Corrections to Military Records (ABCMR) acknowledged receipt of the applicant's request to correct her first lieutenant date of rank.  

7.  On 2 August 2006, Human Resources Command-St. Louis published a promotion memorandum correcting the applicant's first lieutenant date of rank from 11 August 2004 to 27 December 2003.  This date is two years from the date of her appointment to second lieutenant.  This correction was accomplished administratively and was not directed by this Board.

8.  On 17 August 2006, the applicant's request to ABCMR to correct her first lieutenant date of rank was administratively closed.

9.  Permanent Orders Number B-02-701415, dated 22 February 2007, published by HRC-St. Louis, promoted the applicant to the rank of captain with an effective date of rank of 8 February 2007.  The applicant's effective date of rank to captain is the date the 2006 Captain, Department of the Army, Reserve Component Selection Board results were approved.

10.  On 19 April 2007, the applicant submitted a request through her chain of command to the United States Army Reserve Command requesting her captain date of rank to be adjusted because her date of rank to first lieutenant was incorrect due to no fault of her own.  She stated, in effect, that with her corrected date of rank to first lieutenant, she was eligible for the Position Vacancy Board, which adjourned on 28 March 2006.  

11.  In the processing of this case an advisory opinion was obtained from the Office of Promotion, Reserve Components, U.S. Army Human Resources Command (HRC), St. Louis, Missouri, dated 6 July 2007, which states that the applicant's first lieutenant date of rank was not corrected prior to the convening date of the Position Vacancy Board.  Therefore, her application to the Position Vacancy Board was administratively removed in accordance with established regulations.  Since a Promotion Vacancy Board is not a mandatory selection board, there is no reconsideration process.  The advisory opinion recommended denial of her request to adjust her date of rank to captain based on the date the Position Vacancy Board to captain was approved as she was not eligible for that board on its convening date.

12.  On 9 November 2007, the applicant was provided a copy of the advisory opinion for review and rebuttal.  To date, she has not responded.

13.  Army Regulation 135-155 (Promotion of Commissioned Officers for Warrant Officers Other Than General Officers), prescribes the policies and procedures for the promotion of Reserve Component officers.  The regulation specifies that officers in the grade of first lieutenant may be eligible for promotion consideration to captain by a Position Vacancy Board upon completion of 2 years minimum time in grade and must be graduates of the officer basic course.  Promotion to fill authorized troop program unit (TPU) position vacancies may be filled through promotion of the best-qualified and geographically available officer to the grades of captain through colonel.  All TPU officers in the next lower grade must have met the minimum time in grade for promotion to the next higher grade by the day before the convening date of the board, be geographically (non-mobilized) available to serve in the position for which considered and meet educational requirements.  The existence of a valid position will be determined by counting certain officers against the strength authorized.  The area commander will ensure that the intent of the position vacancy fill procedures have been complied with before proceeding with Position Vacancy Board promotion consideration.   

14.  AR 135-155, states in pertinent part, that promotion to first lieutenant is based upon 2 years of promotion service and that to be eligible for promotion the second lieutenant must meet the eligibility criteria of established height and weight standards, educational requirements and time in grade.  The date of rank is the date the officer actually or constructively was appointed or promoted to a specific grade.  An officer's date of rank will be used to establish time in grade requirements to the next higher grade.  Mandatory Reserve of the Army selection boards and USAR position vacancy selection boards for caption through colonel will convene as announced by Headquarters, Department of the Army G1.  Promotions will be made only on recommendation of a selection board. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her date of rank to captain should be changed to March 2006, the date the USAR March 2006 Position Vacancy Board was approved.  She contends her first lieutenant date of rank was incorrect due to no fault of her own.  

2.  In view of the circumstances of this case, the applicant is not entitled to relief. The applicant's first lieutenant date of rank was adjusted on 2 August 2006, which is after the March 2006 USAR Unit Position Vacancy Board convened and then adjourned.  At the time the Board convened, the applicant did not meet the time in grade criteria established by regulatory guidance.  However, the applicant should not assume that the March 2006 USAR Unit Position Vacancy Board would have favorably recommended her for promotion to captain.  Also, there are no provisions for promotion reconsideration with Unit Vacancy Boards. 

3.  The applicant was selected for promotion to captain by the 2006 Captain, Department of the Army, Reserve Component Selection Board.  Her date of rank to captain is 8 February 2007, which is the date the promotion board results were approved.  The applicant's date of rank cannot be adjusted earlier, as this was her first promotion board that recommended her for promotion to captain.

4.  In view of the foregoing, there is no basis for granting the applicant's request.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__KLW__  __AU___  __RDG___  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.





____Kenneth L. Wright____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080205
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.