IN THE CASE OF:
BOARD DATE: 13 August 2008
DOCKET NUMBER: AR20080006599
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 that he be considered for promotion by the March 2005 Active Duty List (ADL) major promotion board.
2. The applicant states that he was not considered by the March 2005 promotion board because his date of rank was incorrect. He explains that he reentered active duty after a 10-year break in service and was told that his date of rank (DOR) would be adjusted at a later date. The delay in correcting his DOR, along with the high tempo of activity during the time and being given command of a company, resulted in him not being able to go to the Military Police (MP) Officer Advanced Course earlier.
3. The applicant provides a copy of his military records.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show that he was commissioned in the Regular Army on 4 June 1983. He was awarded the area of concentration of armor officer and was promoted to 1st lieutenant. He was honorably released from active duty on 17 March 1987 and transferred to a U.S. Army Reserve (USAR) unit.
2. He was promoted to captain, USAR, on 15 August 1988.
3. On 13 February 1992, the applicant submitted an unqualified resignation from the USAR. Based upon his request, the applicant was discharged from the USAR on 23 March 1992.
4. On 15 May 2002, the applicant was commissioned as a captain, USAR. He was assigned to a USAR troop program unit (TPU).
4. On 23 June 2006, the applicant completed the 2-week resident MP Officer Advanced Course.
5. The applicant was promoted to major, USAR, effective 13 June 2007.
6. On 12 January 2008, the applicant was ordered to 400 days of active duty as a member of his USAR unit.
7. In the processing of this case an advisory opinion was obtained from the Human Resources Command, St. Louis (HRC-STL). The HRC-STL states that if the applicant were to be scheduled for a special selection board, he would not be educationally qualified and there would be no officer evaluation reports (OERs) eligible to be seen by the board. The applicant was provided a copy of the advisory opinion and responded that whatever the Board decides and whatever is recommended for the Board is fine. He adds that he is glad he could adjust his DOR to captain, and to adjust his DOR to major would be icing on the cake.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that the delay in correcting his DOR, along with the high tempo of activity during the time and being given command of a company, resulted in him not being able to go to the Military Police (MP) Officer Advanced Course earlier. This resulted in him not being considered by the 2005 USAR Major Promotion Board.
2. However, the applicant has not submitted any documentation to show what actions he took to correct his DOR, what delayed the correction to his DOR, or what operational necessities precluded him from going to the MP Officer Advanced Course.
3. Reservists not on active duty must balance their duties in their units, their civilian occupations, their home life, and the schools required for promotion. Understandably, it is not an easy task.
4. Without evidence to show that the applicant had some event which precluded him attending the 2-week MP Officer Advanced Course within the 3 years preceding his promotion eligibility to major, to grant his request would be giving him a benefit not afforded to others.
5. As such, there is insufficient basis in which to grant his 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) AR20080006599
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