RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 06 MAY 2008
DOCKET NUMBER: AR20080001060
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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, reconsideration to amend her date of rank to lieutenant colonel (LTC) from 29 May 1998 to 14 March 1998.
2. The applicant states, in effect, her former commanders statement will verify that she met the requirements for the position and position grade for which she was hired. Therefore, she would like reconsideration to amend her date of rank from 29 May 1998 to 14 March 1998.
3. The applicant provides a personal statement dated 7 January 2008, a memorandum for record from her former commander dated 15 October 2007, and the prior Army Board for Correction of Military Record (ABCMR) proceeding dated 19 April 2007.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20060009100, on 19 April 2007.
2. In the original decision the ABCMR found that the applicant was promoted to major on 14 March 1991. The time-in-grade requirement for promotion to LTC is
7 years; therefore, her promotion eligibility date was 13 March 1998. The applicant was considered, and selected for promotion to LTC by the 1997 Department of the Army Reserve Components Selection Board (RCSB) that convened on 29 September 1997. Under the Reserve Officers Personnel Management Act (ROPMA), an officer could not be promoted until the board had been approved by the President of the United States. The board was approved by the President on 29 May 1998 and the results were released on 18 June 1998. The applicant was issued a promotion memorandum dated 24 June 1998, with a date of rank of 29 May 1998, the earliest date possible for her date of rank.
3. The applicant provided new evidence which requires that her case be reconsidered by the ABCMR.
4. While the applicant submitted a memorandum for record from her former commander as new evidence, the memorandum states, in effect, the applicant was interviewed and selected for a LTC position as a Command and General Staff Officers Course (CGSOC) instructor, on 11 February 1997. All of the
CGSOC positions were LTC positions. When the applicant was subsequently selected for promotion, she was immediately eligible for promotion and was promoted.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests reconsideration to amend her date of rank to LTC from 29 May 1998 to 14 March 1998.
2. Considering all the evidence of record and the information currently obtained from the applicant's military personnel records, the applicant was considered and selected for promotion to LTC, with 7 years time-in-grade and a promotion eligibility date of 13 March 1998, by the 1997 RCSB that convened on
29 September 1997. The board was approved by the President on 29 May
1998 and the results were released on 18 June 1998. Subsequently, she was issued a promotion memorandum dated 24 June 1998 with a date of rank of
29 May 1998.
3. Since an officer cannot be promoted prior to the date the President approves the promotion list, there are no provisions to backdate the applicant's date of rank to LTC.
4. 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, she is not entitled to amend her date of rank to LTC from 29 May 1998 to 14 March 1998.
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 to amend the decision of the ABCMR set forth in Docket Number AR20060009100, dated 19 April 2007.
__________X____________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080001060
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
ARMY | BCMR | CY2001 | 2001054328C070420
Her records were subsequently submitted to the 1997 LTC promotion board and she was selected for promotion. The policy further provides that in order to be qualified for promotion to LTC an individual must have completed 7 years of TIG as a major and 50 percent of the CGSOC on or before the convening date of the respective promotion board. Based on the officer’s DOR for major she should have been considered for promotion by the 1996 promotion board.
ARMY | BCMR | CY2008 | 20080004797
On 28 July 2004, the applicant requested his previous application to the ABCMR, dated 31 March 2003, be further amended to show he requested a military education waiver for consideration for promotion to MAJ under the SSB. It also states that an officer who is promoted to the next higher grade as a result of the recommendation of a special selection board convened under this section, shall, upon such promotion, have the same date of rank and effective date for pay and allowances of that...
ARMY | BCMR | CY2009 | 20090016555
The applicant states she should be granted an educational waiver because she: * completed almost 50 percent of Command and General Staff Course (CGSOC) and had to start over * was denied attendance of the active duty course after completion of an Operation Iraqi Freedom mission in an LTC billet on active duty (AD) * obtained a Master's of Science Degree in December 2004 * is currently serving in an LTC billet * completed Phase I of the Intermediate Level Education-Common Core Course (ILE-CC)...
ARMY | BCMR | CY2010 | 20100010786
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides a memorandum, dated 23 February 2010, which details the circumstances which prevented her from completing the education requirement prior to the LTC promotion board. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090012828, on 12 January 2010.
ARMY | BCMR | CY2004 | 2004106309C070208
She also states that the Board in its original conclusions stated that promotion to LTC would require seven years of service as a MAJ and adjusting her MAJ date of rank to 1 November 1997 would still not make her eligible for promotion to LTC. In its original conclusions, the Board found the applicant applied for accession into the AGR program prior to the release of the 1997 DA MAJ RCSB and elected to delay her promotion by the Troop Program Unit (TPU) in which she was serving in order to...
ARMY | BCMR | CY2009 | 20090015716
An officer selected for promotion under the stipulation who had a promotion eligibility date (PED) prior to the approval date of the board criteria for which he/she was selected was granted the approval date of the board as his/her DOR. The evidence of record shows the applicant was selected for promotion to LTC by the August 2004 SSB under the 2003 criteria. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he...
ARMY | BCMR | CY2012 | 20120007083
The applicant requests: * the "1994" (i.e., 1996) nonselection letter be removed from his Army Military Human Resource Record (AMHRR) * his date of rank (DOR) to captain (CPT) be restored to 1996 * his DOR to major (MAJ) be adjusted * he be promoted to lieutenant colonel (LTC) * any non-mandatory education requirements such as the Command and General Staff Officers Course (CGSOC) be waived for promotion to LTC, if necessary 2. His records contain a memorandum, dated 1 March 1996, issued by...
ARMY | BCMR | CY2006 | 20060009100
The applicant provides a copy or her promotion memorandum, dated 24 June 1998, which shows that she was promoted to lieutenant colonel effective 29 May 1998, with a date of rank (DOR) of 29 May 1998. Notwithstanding the advisory opinion provided in this case, ROPMA specifies that an officer cannot be promoted to the next higher grade prior to the approval date of the promotion board; however, this does not preclude a change to the applicants date of rank to her PED, based on MYIG...
ARMY | BCMR | CY2012 | 20120009418
The applicant provides: * Promotion consideration memorandum, dated 2 November 2004 * HRC Officer Promotion Memorandum, dated 19 April 2012 * Second Non-selection Memorandum, dated 12 April 1999 * Reassignment to the Retired Reserve orders, dated 21 May 1999 * Election of Option statement, dated 1 June 1999 * Extract of Army Regulation (AR) 600-8-104 (Military Personnel Information Management/ Records) * Extract of AR 135-155 (Promotion of Commissioned Officers and Warrant Officers Other...
ARMY | BCMR | CY2012 | 20120005102
As he was serving as a CW2 in the NYARNG when he was notified of his promotion to LTC, when the board considered him for promotion to COL he did not have any Officer Evaluation Reports (OER) as a LTC in his records. He was recalled to active duty from a retired status and served on active duty in the rank of LTC as follows: * 16 November 2008 - 1 April 2009 * 28 June 2009 - 27 June 2010 * 1 August 2010 - 31 July 2011 13. Given that he was not selected for promotion to COL by three...