IN THE CASE OF:	  

		BOARD DATE:	        16 October 2008

		DOCKET NUMBER:  AR20080007282


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 adjustment of his date of rank (DOR) to major to 30 April 2001.

2.  The applicant states the Special Selection Board should have used the promotion criteria for the 2001 Major Promotion Selection Board.  Based upon the Reserve Officer Personnel Management Act (ROPMA) his DOR to major should be 30 April 2001.

3.  The applicant provides:

	a.  Electronic mail date stamped 20 August 2003.

	b.  USARC Form 56-R (Promotion Qualification Statement for USARC Mobilized TPU Officers), dated 19 August 2003.

	c.  Orders M-040-0052, Headquarters, 99th Regional Support Command, Coraopolis, PA, dated 9 February 2003, ordering him to active duty for 365 days on 10 February 2003.

	d.  Memorandum, US Army Reserve Personnel Command, St. Louis, MO, dated 14 August 2003, showing he was recommended for, but disqualified from promotion.


	e.  An unnamed, undated document (with enclosure) showing assignment information, including paragraph and line number, and position number.

	f.  Memorandum, US Total Army Personnel Command, St. Louis, MO, dated 7 August 2003, with subject:  Notification of Promotion Status.

	g.  Memorandum, Headquarters, US Army Reserve Command, Fort McPherson, GA, dated 27 August 2003, with subject:  Promotion as a Reserve Officer of the Army.

	h.  Memorandum from applicant to President, DA Selection Board, dated 15 June 2007, requesting a Special Selection Board for promotion to major.

	i.  Memorandum, US Army Human Resources Command, Alexandria, VA, dated 10 March 2008, announcing the applicant's selection for promotion to major by a DA Standby Advisory Board (STAB) using 2002 Major Promotion Selection Board criteria.  The STAB recessed on 28 September 2007.  The applicant's DOR was established as 30 April 2001.

	j.  Orders B-03-801952, US Army Human Resources Command, St. Louis, MO, dated 26 March 2008, promoting the applicant to major effective 19 June 2002 with a DOR of 19 June 2002.

	k.  Various documents establishing his dates of rank as a second lieutenant, first lieutenant, and captain.

	l.  Active duty orders and DD Forms 214 for active duty service.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a US Army Reserve (USAR) second lieutenant on 28 May 1989.  He was promoted to first lieutenant on 28 November 1991, and he was promoted to captain on 1 May 1994.  He is currently serving on active duty as a USAR major.

2.  The applicant was on the Active Duty List (ADL) and served on active duty from 28 November 1989 through 1 March 2002.  In 2001, an Army Competitive Category Promotion Selection Board reviewed his file for promotion to major.  Unfortunately, he was not selected for promotion, but was selected for continuation on active duty as a captain.  He declined and was separated on 1 March 2002.

3.  The applicant was transferred to a USAR troop program unit and placed on the Reserve Active-Status List (RASL).  Unfortunately because of his late reversion to the RASL, he was not considered by the 2002 Major Promotion Selection Board, which was the first board for which he would have been eligible.

4.  In the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, DA Promotions, US Army Human Resources Command, St. Louis.  It states time-in-grade from captain to major is 7 years, making his promotion eligibility date to major 30 April 2001.  It also provides the following facts in support of the applicant's DOR as a major:

	a.  He was not placed on the RASL until almost 1 year after his promotion eligibility date – he was non-select for promotion to major from the ADL.

	b.  He was considered and selected by the first available board following his return to the RASL – the 2003 Major Promotion Selection Board – and he was given a DOR and effective date of 20 August 2003.

	c.  In 2007, he requested and was granted a Special Selection Board based upon the criteria for the 2002 Major Promotion Selection Board.  He was selected using the 2002 criteria and the US Army Human Resources Command, St. Louis gave him a DOR of 30 April 2001, but added the caveat that, under ROPMA, the earliest DOR possible is the date the Secretary of Defense (SECDEF) approves the promotion board results.  The SECDEF approval date was 19 June 2002, which became his DOR and effective date of promotion to major.

5.  The applicant was provided an opportunity to respond to the advisory opinion, but did not do so.

6.  Army Regulation 600-8-29 (Officer Promotions) prescribes the officer promotion function of the active duty military personnel system.  It supports the objectives of the Army's officer promotion system, which include filling authorized spaces with the best qualified officers.  It also provides for career progression based upon recognition of an officer's potential to serve in positions of increased responsibility.  Additionally, it precludes promoting the officer who is not eligible or becomes disqualified, thus providing an equitable system for all officers.

7.  Army Regulation 135–155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and 

of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR).  This regulation supports the objectives of the Army’s officer promotion system that provides for career progression based on recognition of an officer’s potential to serve in positions of increased responsibility.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests a DOR as a major earlier than 30 April 2001.

2.  The applicant is a USAR officer who has served on active duty and who has been subject to both ADL promotion policies and RASL promotion policies.  While on active duty he was passed over for promotion to major by the 2001 Army Competitive Category Promotion Selection Board.  He chose to separate from active duty on 1 March 2002 and return to a USAR TPU assignment.

3.  Once back in the USAR, he fell under RASL promotion policies and he was selected for promotion to major under the criteria for the 2002 Major Promotion Selection Board, the earliest board under which he could have been considered. His DOR was established as 19 June 2002, which was the earliest date possible.

4.  The US Army Human Resources Command, St. Louis advisory opinion recommended denying the applicant's request, and showed that he received the earliest DOR possible under the circumstances.

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.

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)                                         AR20080007282



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007282



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1