RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 March 2008
DOCKET NUMBER: AR20080001430
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. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Ms. Eloise C. Prendergast
Member
Mr. Donald L. Lewy
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 that his promotion eligibility date to Lieutenant Colonel (LTC) be changed to 25 September 2006 and that he received all back pay and allowances.
2. The applicant states that he met all the educational and moral requirements prior to the present effective date of promotion and Federal Recognition. His promotion eligibility date (PED) to LTC was 26 September 2006, but the Army failed to comply with the prior Army Board for Correction of Military Records (ABCMR) finding to consider him at the 2007 AMEDD LTC Board. He states his Federal Recognition Orders should be amended to reflect the effective date for Permanent Federal Recognition for promotion to LTC as 25 September 2006, his PED to LTC.
3. The applicant provides a copy of Texas Military Forces Army National Guard Orders 305-1076 dated 1 November 2007 and ABMCR's prior consideration of his case, Docket Number AR 20060012427.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the Texas Army National Guard (TXARNG). The National Guard Bureau (NGB) Federal Recognition Orders Number 209 AR, dated 16 August 2006, show the applicant was awarded Permanent Federal Recognition as a major in the TXARNG effective 16 August 2006.
2. However, based on the approved recommendation of the ABCMR, those orders were amended to show his effective date of promotion to major as
28 March 2006 based on the release date of the 2006 Major AMEDD Department of the Army Reserve Components Selection Board, and a date of rank of
24 September 2003.
3. Texas Military Forces Army National Guard Orders 305-1078, dated
1 November 2007, shows the applicant's date of rank of as 24 September
2003 and his effective date of rank to LTC as 25 October 2007. However, these orders were published by the State for a unit vacancy promotion board pending the results of the Permanent Federal Recognition for promotion to LTC.
4. In a telephone conversation between a representative from the NGB and a member from the Board's Staff, it was stated that there is no letter of appointment for the applicant on file for Permanent Federal Recognition promotion to LTC.
5. Army Regulation 135-155, Promotion of Commissioned Officers and Warrant Officers other than General officers, requires the mandatory consideration of United States Army Reserve commissioned officers for promotion to the next higher grade at specified times in their careers as determined by the officer's years in grade and years of commissioned service. While promotion consideration is mandatory, selection for promotion is contingent on an officer meeting promotion eligibility requirements and whether he or she has successfully participated in Reserve training. Mandatory promotion consideration to LTC occurs at 7 years time in grade as a major.
6. National Guard Regulation 600-100, commissioned Officers, Federal Recognition and Related Personnel Actions, states that a commissioned officer must complete the minimum years of promotion service prior to being considered for promotion and Federal Recognition in the higher grade. The minimum years of promotion service in the grade of major to be considered for LTC is 4 years for a unit vacancy board.
7. Title 10, US Code, Section 14308 (c) (2), states that except as specifically authorized by law, a Reserve officer is not entitled to additional pay or allowances if the effective date of the officer's promotion is adjusted to reflect a date earlier than the actual date of the officer's promotion.
DISCUSSION AND CONCLUSIONS:
1. The ABCMR directed that the applicant be promoted to major with a date of rank of 24 September 2003.
2. Therefore, he will be eligible for mandatory consideration for promotion to LTC on 24 September 2010.
3. The orders promoting the applicant to LTC under unit vacancy board provisions obviously used the wrong date of rank for his promotion since that is the date of rank assigned for his promotion to major.
4. Regardless of the error contained in the unit vacancy board promotion order, the fact remains that since the applicant is not eligible for mandatory promotion consideration to LTC, the Boards prior decision does not effect his unit vacancy board promotion to LTC.
5. Based on the ABCMR's prior decision which established his date of rank to major as 24 September 2003, he was first eligible for promotion to LTC by a unit vacancy board on 24 September 2007.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__LDS__ __ECP__ __DLL___ 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.
____Linda D. Simmons__
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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