IN THE CASE OF:	  

	BOARD DATE:	  17 JUNE 2008

	DOCKET NUMBER:  AR20080000605 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his date of rank to lieutenant colonel (LTC) be changed from 19 July 2006 to 21 June 2006.

2.  The applicant states, in effect, he was selected for promotion to LTC while he was mobilized.  He was placed in a Medical Hold status while recovering from knee surgery.  He states that he did not get promoted until he was released from active duty and assigned to a LTC position in the 353rd Engineer Group.  He states he should have been promoted as soon as he was matched against a vacant LTC position on 21 June 2006.  He further states that per Army Regulation mobilized Soldiers can be promoted when matched to a vacant position.  Upon release from active duty, the Soldier has 180 days to occupy the position.

3.  The applicant provides a copy of his separation document (DD Form 214); Headquarters, 75th Division (Training Support) Orders Number 04-010-00046 dated 10 January 2004; Amendment Orders Number 04-188-00014 dated 6 July 2004; Amendment Orders Number 04-340-00020 dated 14 December 2004; Headquarters, 75th Division (Training Support) Orders Number 05-024-00041 dated 24 January 2005; Amendment Orders 05-025-00005 dated 25 January 2005; Headquarters, United States Army Field Artillery Center and Fort Sill, Oklahoma Orders Number 047-997 dated 16 February 2005; U.S. Army Human Resources Command Orders Number A-06-512765 dated 6 June 2005; Headquarters III Corps and Fort Hood, Texas Orders Number 188-0107 dated


7 July 2006; U.S. Army Human Resources Command Orders Number
B-08-606086 dated 21 August 2006; and DA Form 4651-R (Request for Reserve Component Assignment or Attachment) dated 26 June 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant, effective 8 August 1986.  

2.  On 1 August 1989, the applicant was promoted as a Reserve officer to the rank of first lieutenant, effective 7 August 1989.  On 30 March 1990, he took an Oath of Office into the Wyoming Army National Guard and was promoted to captain on 30 September 1992.  His record shows he was promoted as a Reserve commissioned officer of the Army to the rank of major, effective  
3 January 2000.

3.  The applicant was ordered to active duty and was mobilized in support of Operation Enduring Freedom (Other Than Homeland) for 180 days.  The 180 days were amended by Orders Number 04-188-00014 dated 6 July 2004 to show 365 days, which was further amended by Orders Number 04-340-00020 dated 14 December 2004 to show 381 days of active duty.

4.  Headquarters, United States Army Field Artillery Center and Fort Sill, Oklahoma Orders Number 047-997 dated 16 February 2005 show that the applicant was deployed in the status of Temporary Change of Station (TCS) and was assigned to “2nd Battalion, 381st Regiment, Detachment 1, 4th Brigade, 75th Division,” in support of Operation Iraqi Freedom/Operation Noble Eagle for 179 days.

5.  U.S. Army Human Resources Command Orders Number A-06-512765 dated 6 June 2005 shows that the applicant was retained on active duty, beyond his orders expiration date, and was assigned to the Medical Retention Center, Fort Sill, Oklahoma effective 3 June 2005.  The applicant participated in the Reserve Component Medical Holdover Medical Retention Processing Program for completion of medical care and treatment.

6.  Headquarters III Corps and Fort Hood, Texas Orders Number 188-0107 dated 7 July 2006 shows that the applicant was released from active duty and assigned to the 75th North Division, 4th Brigade, 2nd Battalion, 381st Regiment, Detachment 1, as a major effective 7 July 2006.


7.  The DA Form 4651-R that the applicant submitted shows that a voluntary reassignment between the troop program units was initiated on 26 June 2006 requesting his immediate reassignment from 2nd Battalion (TS)(CS,CSS), 381st Regiment, 4th Brigade, 75th Division (TS) to an LTC position in the 353rd Engineer Group.  This form was authenticated only by the Deputy Commander.

8.  U.S. Army Human Resources Command Orders Number B-08-606086 dated 21 August 2006 shows that the applicant was promoted to LTC, effective 19 July 2006 the date he was assigned to the LTC position.

9.  In the processing of this case, an advisory opinion, dated 28 February 2008, was obtained from the U.S. Army Human Resources Command.  The U.S. Army Human Resources Command recommended disapproval of the applicant's request to change his date of rank from 19 July 2006 to 21 June 2006, because the applicant was assigned to the higher graded position effective 19 July 2006. The U.S. Army Human Resources Command further states that if the applicant had submitted a USAREC Form 56-R with the higher grade and date of the position he was to occupy, he could have been given an earlier date of rank.  The applicant never submitted the USAREC Form 56-R, therefore, he was given the earliest date possible with the information provided.

10.  A search of the applicant's Official Military Personnel File (OMPF) shows the applicant was informed on 27 January 2006 by a representative from the U.S. Army Human Resources Command to send an "APRC-56" to the promotions branch for orders.  No further details were noted.

11.  On 4 April 2008, a copy of the advisory opinion was forwarded to the applicant for comment and/or rebuttal.  However, the applicant failed to respond within the allotted time frame.

12.  Headquarters, 90th Regional Readiness Command published orders to reassign the applicant to the Retired Reserve effective 30 June 2008.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank to LTC should be changed from 19 July 2006 to 21 June 2006.

2.  However, the evidence shows that he was released from active duty on 7 July 2006 and subsequently assigned to the 353rd Engineer Group, effective 19 July 2006.  The evidence further shows that the applicant was informed on  
27 January 2006 by a representative from the U.S. Army Human Resources 
Command to send the appropriate form (APRC-56), so that the promotion branch could publish his promotion orders to LTC.  There is no evidence that the document was ever sent by the applicant or his command or received by the Human Resources Command promotion branch.  As such, the applicant was promoted to LTC effective 19 July 2006, the date he was assigned to the higher grade position.

3.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit sufficient evidence that would satisfy this requirement; therefore, he is not entitled to amend his date of rank to LTC from 19 July 2006 to 21 June 2006.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  ____X___  ____X___  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.



      __________X_____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080000605



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080000605



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1