IN THE CASE OF:	  

		BOARD DATE:	        16 December 2008

		DOCKET NUMBER:  AR20080004784 


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, correction of his military records to show his effective date and date of rank for lieutenant colonel as 10 September 2003.  He further requests that his pay be adjusted based on this correction.

2.  The applicant states, in effect, that he served in the 36th Civil Affairs (CA) Brigade, in Portland, Oregon, from 1 March 1997 through 31 December 2003.  During an 8 month period from 14 February to 30 September 2002, he was detailed in the position of comptroller.  On 29 August 2002, the 70th Regional Readiness Command (RRC) assigned him to the position of comptroller.  The 36th CA Command Group encouraged the applicant to earn the 45A area of concentration (AOC) of Comptroller.  Accordingly, he completed the Planning, Programming, Budgeting and Execution Systems (PPBES) Course (Phase One) on 14 February 2003 and the Resource Management Budget (RMB) Course (Phase Two) on 11 April 2003.  During the time he was applying for the 45A AOC designation, he was also encouraged to apply for a unit vacancy promotion through the 70th RRC Promotion Vacancy Board (PVB).  The packet that he submitted to the 10 September 2003 PVB was turned down because he had not yet been awarded the 45A AOC.  The applicant had submitted his request for award of the 45A AOC on 17 April 2003.  This allowed sufficient time for it to be approved and returned prior to the 10 September 2003 PVB.  He was told to submit a promotion packet to the January 2004 PVB.  The second request was not acted upon and a third and forth request were also refused.  The applicant was subsequently assigned to Afghanistan.  During his overseas tour, he 


submitted a promotion packet to the May 2004 PVB, which was also thwarted because his request for award of 45A AOC had not been approved.  The applicant was released from active duty on 1 November 2004.  After a delay and with difficulty, he left the 364th CA Brigade effective 31 December 2004 and was immediately assigned to the Headquarters, 104th Division, in Vancouver, Washington.  On 17 June 2005, the applicant submitted a request for award of 45A AOC to the 70th RRC.  The request was approved and he was awarded 45A AOC on 29 August 2005.  The 70th RRC had approved what his previous command had refused to approve on four occasions.  Because of those four disapprovals, he was denied early promotion at three PVBs.  He was eventually promoted to lieutenant colonel effective on 31 December 2004, 15 months later than the earliest date he was eligible and had presented a promotion packet.  The applicant contends that he suffered monetarily and professionally while in Afghanistan because of not being promoted by the 10 September 2003 PVB.  He feels that he has been discriminated against but does not know or understand why.

3.  The applicant provides the following 14 supporting documents, identified as exhibits 1 through 14:

	a.  Personnel Qualification Record, Part II (DA Form 2-1);

	b.  Officer Evaluation Report (OER) for the period from 14 February to 
30 September 2002;

	c.  letter, 70th Regional Support Command, dated 29 August 2002;

	d.  OER for the period from 1 March to 31 October 2003;

	e.  Certificate of Completion for the PPBES Course on 14 February 2003;

	f.   Certificate of Completion for the RMB Course on 11 April 2003;

	g.  OER for the period from 1 October 2002 to 28 February 2003;

	h.  Personnel Action (DA Form 4187) with copies of PPBES and RMB certificate and graduation diplomas from the Finance Officer Basic and Advanced Courses requesting award of 45A AOC;

	i.  exhibit number 9 unidentified, not received;



	j.  Sworn Statement (DA Form 2823) dated 14 April 2006;
	
   k.  electronic mail correspondence from the applicant concerning his 45A AOC and PVB, dated 22 February 2004;

	l.  Orders 05-133-00017, Special Operations Command, Fort Bragg, North Carolina, dated 13 May 2005, assigning the applicant to the 104th Division, Vancouver, Washington;
 
	m.  memorandum, United States Army Human Resources Command, St. Louis, Missouri, dated 29 August 2005, awarding the applicant a primary AOC of 45A and a secondary AOC of 38A; and

	n.  memorandum, Special Operations Command, Fort Bragg, North Carolina, dated 13 May 2005, informing the applicant of his promotion to lieutenant colonel effective 31 December 2004.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving as an active duty Reserve officer in the rank of lieutenant colonel, pay grade O-5, with the 104th Division, in Vancouver, Washington.

2.  On 1 December 1984, the applicant was appointed as a second lieutenant in the United States Army Reserve.

3.  On 24 April 1987, the applicant was awarded a primary AOC of 44A (Finance and Accounting Officer).

4.  On 1 March 1997, the applicant was assigned for duty in AOC of 38A (Civil Affairs Officer) as an assistant operations officer with Headquarters and Headquarters Company, 364th CA Brigade, in Portland, Oregon.

5.  On 7 November 1997, the applicant was awarded an AOC of 38A (Civil Affairs Officer).

6.  On 29 February 1998, the applicant was assigned duty in his AOC of 38A as a plans officer.



7.  On 31 March 1998, the applicant was promoted to the rank of major, pay grade O-4.

8.  On 6 September 2002, the applicant was assigned duty as comptroller in AOC 45A.

9.  On 5 November 2003, the applicant was ordered to active duty in support of Operation Enduring Freedom in Afghanistan.  On 1 November 2004, he was released from active duty and returned to the 364th CA Brigade in Portland, Oregon.

10.  On 31 December 2004, the applicant was reassigned for duty in his AOC of 38A in the G3 (Operations), 104th Division, in Vancouver, Washington.

11.  On 31 December 2004, the applicant was promoted to the rank of lieutenant colonel, pay grade O-5.  The memorandum, dated 13 May 2005, informing the applicant of this promotion does not indicate the AOC in which he was promoted.

12.  On 29 August 2005, the applicant was awarded a primary AOC of 45A and a secondary AOC of 38A.

13.  On 14 April 2006, the former commander of the 364th CA Brigade made a sworn statement.  In part, it said that the applicant had applied on numerous occasions for an AOC qualification in 45A (Comptroller) and that those requests were refused by the 351st CA Command because it was determined that even though he had completed a Finance Officer Basic and Advanced Course, the PPBES Course, the RMB Course, and possessed a Masters in Business Administration, he was not qualified for accession into the 45A AOC.

14.  In the processing of this case, an advisory opinion was obtained from the 70th RRC, Seattle, Washington.  It stated that the applicant was assigned to the 351st CA Command from 1 March 1997 to 31 December 2004.  The 351st CA Command was the approving authority for the applicant's request for award of a new AOC.  The 70th RRC had no authority or influence in the actions of the 351st CA Command.  However, during this time the 351st CA Command was a participating member of the 70th RRC Officer Personnel Management System (OPMS).  This allowed Soldiers from the 351st CA Command to submit promotion vacancy packets for available positions.  OPMS boards were held quarterly in the months of February, May, August, and November.  Board announcements for the 19 August 2003, 18 November 2003, February 2004, 8 May 2004, and the 17 August 2004 boards were attached to the advisory 


opinion.  The only announcement that included a vacancy listing for an AOC 45A was the 19 August 2003 OPMS board.  The applicant never submitted a packet to any of these OPMS boards.  The applicant would have been eligible to submit a packet based upon his AOC of 38A or for one of the vacant AOC-immaterial positions.  The 70th RRC recommended that the applicant's date of rank for lieutenant colonel remain unchanged.

15.  On 27 August 2008, the advisory opinion was mailed to the applicant for his information and opportunity to rebut.  No response was received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that, because his requests for award of AOC 45A was denied, his promotion to lieutenant colonel was delayed causing him to suffer both monetarily and professionally. 

2.  The evidence shows that the applicant's command refused on repeated occasions to forward his requests for award of AOC 45A, stating, in effect, that even with his training, he was not qualified for award of the AOC.  Furthermore, there is no evidence or convincing argument showing that he was entitled to award of AOC 45A simply because he had completed training courses to qualify for this specialty.

3.  The evidence shows that the applicant chose to only apply for position vacancy promotion consideration in AOC 45A, which he did not yet hold.  He could have submitted promotion packets for vacancies in his AOC of 38A or for positions that were AOC immaterial.  He chose not to do so; thereby, causing his promotion delay.

4.  In view of the above, the applicant's request should be denied.

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.


															XXX
      _________________________
                 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)                                         AR20080004784



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ABCMR Record of Proceedings (cont)                                         AR20080004784



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