IN THE CASE OF:	

		BOARD DATE:	  12 February 2009

		DOCKET NUMBER:  AR20080005969 


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, that his date of rank (DOR) for promotion to the rank of lieutenant colonel (LTC)/pay grade O-5 be changed from 8 January 2008 to 21 December 2007, or the earliest possible date following the release of the Board’s results.

2.  The applicant states, in effect, that his unit changed its Table of Distribution and Allowances (TDA) document on 7 January 2008 and his promotion date was erroneously assigned based on the date he was slotted against the new TDA.  He also states that the Unit Manning Report (UMR), dated 15 August 2007, shows he was slotted in a LTC (O-5) position at that time.  He adds the reason his name is handwritten on the UMR and not digitally printed on the document is because he mobilized and the names of all mobilized Soldiers are manually input on the UMR.  The applicant further states that, since he was fully qualified and in an O-5 position, his DOR should be corrected to 21 December 2007.

3.  The applicant provides a copy of page 1 (of 15) of Regional Level Application Software, UMR, 2nd Simulation Group (W85T04), 1st Brigade, 85th Division (Training Support), Fort Sheridan, Illinois, dated 15 August 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military personnel records show he enlisted in the U.S. Army Reserve (USAR) Reserve Officers’ Training Corps as a Cadet on 4 May 1984. 

2.  The applicant’s military personnel records show he was appointed as a Reserve commissioned officer of the Army, in the rank of Second Lieutenant (2LT)/pay grade O-1, on 18 May 1986 and entered active duty for training (ADT) on 17 September 1986.  Upon completion of the Armor Officer Basic Course and the Junior Officer Maintenance Course, he was awarded specialty 12B (Armor Unit Officer).  The applicant was honorably released from ADT on 11 March 1987 and transferred to Company B, 2nd Battalion, 274th Armor Regiment, 2nd Brigade, 84th Division, Oshkosh, Wisconsin.

3.  On 25 February 1989, the applicant was appointed a commissioned officer in the Army National Guard (ARNG) of Wisconsin in the rank of 2LT (O-1).  He continued to serve in the ARNG, attained the rank of Major (MAJ)/pay grade O-4, and was honorably discharged on 7 March 2004 for the purpose of transferring to the USAR.

4.  The applicant’s military personnel records contain a USARC Form 56-R (Promotion Qualification Statement for USARC Mobilized TPU Officers), dated 15 January 2008.  This document shows that Colonel S____ A. R____, G-1, verified that the applicant was assigned to Paragraph 353, Line 02, Position 1925, Duty Area of Concentration (AOC) 01A00, Authorized Rank/Grade
LTC/O-5 effective 8 January 2008 (emphasis added).

5.  The applicant’s military personnel records contain a copy of Headquarters, U.S. Army Human Resources Command (USA HRC), St. Louis, Missouri, Orders B-02-800981, dated 6 February 2008, that show the applicant was promoted to the rank of LTC (O-5) effective and with a DOR of 8 January 2008.

6.  The applicant’s military personnel records show he was ordered to active duty in the rank of LTC on 23 June 2008 in support of Operation Iraqi Freedom.

7.  In support of his application, the applicant provides a copy of page 1 (of 15) of Regional Level Application Software, UMR, 2nd Simulation Group (W85T04),
1st Brigade, 85th Division (Training Support), Fort Sheridan, Illinois, dated
15 August 2007.  This document shows that the applicant’s name, along with the rank “MAJ,” was handwritten in Position Number 1660; Position Title:  Battalion Observer Controller/Trainer (OC/T), Paragraph 331, Line 03, Duty Position AOC Code 67A00, Authorized Grade O-5.

8.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Department of the Army (DA) Promotions, USA HRC, St. Louis, Missouri.  The advisory official states that the applicant was considered and selected for promotion by the 2007 LTC DA Reserve Components Selection Board (RCSB) that convened on 11 September 2007 and was approved on 21 December 2007.  The applicant was given 
8 January 2008 as his DOR as this was the date he was assigned to a higher graded position.  The advisory official also states that this information was provided by the applicant's unit on a USARC Form 56-R and that, if this was incorrect, there is nothing official to substantiate it.  The advisory official adds the Promotions/Notifications Branch promotes officers based on the information provided to them by the units and the applicant received the earliest date possible according to the information provided by the unit.

9.  On 25 November 2008, the applicant was provided a copy of the Chief, Special Actions Branch, DA Promotions, USA HRC, advisory opinion in order to have the opportunity to respond to its contents.  On 5 December 2008, the applicant responded via email indicating that he would very much like to reply, but none of his documentary information was with him in Iraq.  The applicant added that he expected to be in the continental United States in about a week (12 December 2008) and at his USAR unit on or about 23 January 2009.  To date, the applicant has failed to provide any additional documentary evidence or information.

10.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers, Other Than General Officers) prescribes policy for selecting and promoting commissioned officers of both the ARNG of the United States and the USAR, and warrant officers of the USAR.  This regulation also covers promotion eligibility and qualification requirements, board schedules and procedures, and procedures on processing selection board recommendations:

     a.  Paragraph 4-17 (Promotion eligibility date and date of rank), defines promotion eligibility date (PED) as the earliest date on which an officer who is recommended and selected may be promoted to the next higher grade.  The DOR is the date the officer actually or constructively was appointed or promoted to a specific grade.  It is the date used to determine the relative seniority for officers holding the same grade.

     b.  Paragraph 4-21 (Effective dates), provides, in pertinent part, for the promotion of unit officers and states that the effective date and date of promotion will be no earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer is assigned to the position, whichever is later (emphasis added).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DOR for LTC should be changed from 8 January 2008 to 21 December 2007 because he was assigned to a higher graded (i.e., LTC/O-5) authorized position on the date the Board was approved, but his promotion was delayed based on erroneous information provided by his unit concerning his assignment to a higher graded authorized position.

2.  The applicant provides a copy of Regional Level Application Software, UMR, 2nd Simulation Group (W85T04), 1st Brigade, 85th Division (Training Support), Fort Sheridan, Illinois, dated 15 August 2007, that shows he was slotted in Position Number 1660; Position Title:  Battalion OC/T, Paragraph 331, Line 03, Duty Position AOC Code 67A00, and Authorized Grade of O-5.  However, this document does not offer official evidence of the effective date the applicant was actually slotted in this position.

3.  The evidence of record shows, on 15 January 2008, the applicant’s command verified that the applicant was assigned to a higher graded (i.e., LTC/O-5) authorized position effective 8 January 2008.  The evidence of record also shows that the applicant was promoted to the rank of LTC, effective and with a DOR of 8 January 2008.  Thus, it is concluded that the applicant’s promotion to the rank of LTC (O-5) was accomplished in accordance with applicable law and regulations and is administratively correct.

4.  In view of all of the foregoing, the applicant provides insufficient evidence in support of his claim.  Therefore, he is not entitled to correction of his records to show he was promoted to the rank of LTC (O-5) on 21 December 2007 or any other date prior to 8 January 2008.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  Therefore, there is no basis for granting the applicant's request.


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)                                         AR20080005969



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ABCMR Record of Proceedings (cont)                                         AR20080005969



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