RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 October 2007
DOCKET NUMBER: AR20070012127
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. Hubert O. Fry, Jr.
Chairperson
Mr. Michael J. Flynn
Member
Mr. William Blakely
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 correction of his military records to show his date of rank and effective date as a lieutenant colonel as 26 January 2004, and to receive back pay and allowances based on that date. The applicant also requests to personally appear before the Board.
2. The applicant states, in effect, that his records were reconsidered by a Special Selection Board (SSB) using the 2003 promotion criteria resulting in his selection for promotion to lieutenant colonel.
3. The applicant provides copies of his active duty orders, original promotion order, SSB promotion order, statement of service, and letter from the Defense Finance and Accounting Service.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant, a United States Army Reserve officer, was serving on active duty in the rank of lieutenant colonel.
2. Memorandum, United States Army Human Resources Command, St. Louis, Missouri, dated 9 March 2005, promoted the applicant to the rank of lieutenant colonel with a date of rank and effective date of 10 February 2005.
3. On 27 March 2006, an SSB reconsidered the applicants records and selected him for promotion to lieutenant colonel under the 2003 promotion criteria.
4. Orders B-11-608210, United States Army Human Resources Command, St. Louis, Missouri, dated 2 November 2006, promoted the applicant to the rank of lieutenant colonel with a date of rank and effective date of 26 January 2004.
DISCUSSION AND CONCLUSIONS:
1. The applicant requested a personal appearance before the Board; however, since there is sufficient evidence of record to fully consider this case, a formal hearing is not warranted.
2. The applicant was selected for promotion to lieutenant colonel under the 2004 promotion criteria with a date of rank and effective date of 10 February 2005. On 27 March 2006, he was reconsidered for promotion by an SSB for promotion under the 2003 promotion criteria and selected with a date of rank and effective date of 26 January 2004.
3. In view of the above, the applicants records should be corrected to show that he was promoted to lieutenant colonel effective 26 January 2004 and that he is entitled to receive all unpaid pay and allowances due to him as a result of this promotion.
BOARD VOTE:
__WB___ __MJF __ __HOF__ 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:
a. showing he was promoted to lieutenant colonel with a promotion effective date and date of rank of 26 January 2004, with entitlement to all applicable pay and allowances due from that date; and
b. offsetting the pay and allowances received by the applicant in his previous status and payment of any difference that he may be due.
__ _Hubert O. Fry, Jr.___
CHAIRPERSON
INDEX
CASE ID
AR20070012127
SUFFIX
RECON
DATE BOARDED
20071023
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
131
2.
128
3.
4.
5.
6.
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