ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


		IN THE CASE OF:	

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080004563 


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, in effect, adjustment to his date of rank for lieutenant colonel (LTC) from 18 August 2004 to 22 July 2000. 

2.  The applicant states, in effect, that he was an Active Guard/Reserve (AGR) officer and the Department of the Army selected him for promotion to LTC with an effective date of 22 July 2000. 

3.  The applicant argues that in accordance with Army Regulation 135-155, dated 13 July 2004, Section 4-21 (5) d., the date of rank will be the date the officer attains the maximum time in grade or the date assigned to a position in the higher grade, whichever is the earlier and 22 July 2000 is the earliest date for him.  He states, in effect, that the Montana Army National Guard (MTARNG) did not honor his promotion.  He was not aware of this regulation at the time. 

4.  The applicant continues that although he resigned his commission and is currently serving as an enlisted Soldier in an AGR position, the adjustment of his date of rank will ensure that upon retirement from Active Federal Service he will be recognized for service in the highest grade held which is LTC.

5.  In support of his application, the applicant provides copies of his promotion memoranda for major and lieutenant colonel and his Personnel Qualification Record.



CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the United States Army Reserve, as a second lieutenant, effective 23 February 1979.  He was appointed in the MTARNG, as a second lieutenant, effective 8 January 1981.  He was promoted to major effective 23 July 1993.

2.  Based on the completion of the required 7 years maximum time in grade, his promotion eligibility date for LTC was 22 July 2000.

3.  The National Guard Bureau issued a memorandum subject:  Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty, dated 9 May 2000, indicating the applicant had been selected for promotion to LTC by the 1999 Reserve Components Selection Board.  The memorandum advised the applicant's promotion eligibility date would be either of the following dates:  (a)  22 July 2000, or (b)  the date Federal Recognition was extended in the higher grade, or (c)  the date following the date Federal Recognition was terminated in the current Reserve grade.

4.  On 23 June 2000, the applicant requested a delay of promotion to the grade of LTC for a period of 3 years.  At the expiration of this delay period, the applicant was considered by a second Department of the Army Mandatory Board for promotion to LTC and recommended for promotion.

5.  The applicant was issued a promotion memorandum, dated 18 August 2004, indicating his promotion to LTC was effective 18 August 2004 with a date of rank of 18 August 2004, based on his assignment to an AGR LTC's position on that date.

6.  The applicant resigned his commission and was honorably discharged from the MTARNG, as a LTC, effective 28 February 2007.  

7.  The applicant enlisted in the MTARNG, in the grade of E-5, effective 1 March 2007.  He was promoted to pay grade E-6 effective 1 September 2007 and is currently serving on active duty in an AGR status.

8.  An advisory opinion from the Chief of the Personnel Division of the National Guard Bureau, recommends approval of the applicant’s request to have his date of rank to LTC adjusted to 22 July 2000 based on Army Regulation 135-155.  This opinion did not recommend that the applicant's effective date of promotion be adjusted.  

9.  On 13 May 2008, the applicant was provided an opportunity to respond to the advisory opinion, and he concurred 19 May 2008.

10.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve officers.  Paragraph 4-21d of the regulation specifies that AGR officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade.  An AGR officer who is selected for promotion by a mandatory promotion board, but who is not assigned/attached to a higher graded position will be promoted on the date of assignment/attachment to a higher graded position or the day after release from an AGR status.  The date of rank will be the date the officer attained the 
maximum time grade (promotion eligibility date) or the date on which assigned/attached to a position in the higher grade, whichever is earlier.  The effective date of promotion cannot be prior to approval of the respective board.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to an adjustment of his date of rank for LTC to
22 July 2000, in accordance with pertinent regulations.  

2.  Evidence shows that the applicant was selected for promotion to LTC by the 1999 RCSB and reached his promotion eligibility date on 22 July 2000. 

3.  The applicant requested delay of his promotion to LTC for a period of three years.  At the expiration of his delay period the applicant was again considered for promotion by a Department of the Army Reserve Component Mandatory Selection Board and recommended for promotion to the grade of LTC.

4.  As a result of his recommendation for promotion and his assignment to a higher graded AGR position, he was promoted to LTC effective 14 August 2004.  At that time his records should have shown the date of rank to LTC as 22 July 2000, the date he met the maximum time in grade.  

5.  As a matter of equity and due to the support for favorable consideration expressed by the NGB, Personnel Divisions, in this case, the applicant's records should be corrected to show he was promoted to LTC with a date of rank of 
22 July 2000.

6.  The effective date of promotion shall remain 14 August 2004 and the applicant is not entitled to additional pay and allowances for the antedated date of rank.

7.  In view of the foregoing, the applicant’s MTARNG and Department of the Army records should be corrected as recommended below.

BOARD VOTE:

____x___  ___x____  ____x___  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 the State 
of Montana Army National Guard and Department of the Army records of the individual concerned be corrected by showing the applicant was promoted to lieutenant colonel effective 14 August 2004, with a date of rank of 22 July 2000, with no entitlement to additional pay or allowances based on this adjustment.




      _______ _   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.












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ABCMR Record of Proceedings (cont)                                         AR20080004563



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