IN THE CASE OF:	  

		BOARD DATE:	  	  23 October 2008

		DOCKET NUMBER:  AR20080008554 


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.

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 was delayed based on the date he was slotted against the 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 the Regional Level Application Software, Unit Manning Report, 2nd Simulation Group (W85T04), 1st Brigade, 87th Division (Training Support), Fort Sheridan, Illinois, dated 15 August 2007 and Headquarters, U.S. Army Human Resources Command (USA HRC),
St. Louis, Missouri, Orders B-01-800896, dated 31 January 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military service records show he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 15 June 1985.  He entered active duty on 3 July 1985, was trained in and awarded military occupational specialty (MOS) 94B (Food Service Specialist), released from active duty training (ADT) on 31 October 1985, and transferred to Service Battery, 7th Battalion, Chicago, Illinois.

2.  The applicant’s military service records show he enlisted in the USAR (Reserve Officers’ Training Corps) as a Cadet on 5 February 1987.  He enlisted in the Army National Guard (ARNG) of Illinois on 7 March 1987 and was  honorably discharged on 15 December 1988 for enlistment/appointment in another Reserve Component (RC).

3.  The applicant’s military service 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 16 December 1988.  On 22 February 1989, he was appointed as a commissioned officer in the ARNG of Illinois, in the rank of 2LT (O-1).  The applicant entered active duty on 14 November 1990, was trained in and awarded MOS 13E (Cannon Field Artillery Officer), released from ADT on 5 April 1991, and transferred to Detachment 1, Headquarters and Headquarters Service Battery, 2nd Battalion, 122nd Field Artillery, North Riverside, Illinois.  On 23 June 1997, the applicant was honorably discharged from the ARNG and transferred to the USAR Control Group (Reinforcement), Army Reserve Personnel Center, St. Louis, Missouri.

4.  The applicant’s military service records show he was ordered to active duty for a period of 365 days on 1 November 2006 in support of Operation Iraqi Freedom with duty in Iraq.  

5.  The applicant’s military service records contain a copy of Headquarters, USA HRC, Alexandria, Virginia, Orders A-10-721652, dated 29 October 2007, that show he was ordered to active duty, in the rank of MAJ, for a period of
11 months and 30 days on 1 November 2007 in support of contingency operations for active duty operational support (ADOS) in support of Operation Enduring Freedom with duty at Fort Sheridan, Illinois.  The Additional Instructions of these orders, in pertinent part, state “SM [Service Member] will be ordered to ADOS to perform special work in current Reserve rank.  The “For Army Use” section of these orders contain the entry “RES GR:  MAJ” (i.e., Reserve Rank:  Major).

6.  The applicant’s military service records contain a DA Form 67-9 (Officer Evaluation Report) covering the period from 1 February 2007 through
31 December 2007.  Part I (Administrative Data), block c (Rank), contains the entry “MAJ.”  Part III (Duty Description), block a (Principal Duty Title), contains the entry ”Senior Simulations Coach” and block b (Position AOC/BR) contains the entry “01AOO.”  This document also shows that the applicant, his rater, and senior rater all placed their signatures on this document.

7.  The applicant’s military service records contain 2 USARC Forms 56-R (Promotion Qualification Statements for USARC Mobilized TPU Officers), dated 11 January 2008.  These documents show that Colonel Scott A. R____, G-1, verified that the applicant was assigned to Paragraph 030B, Line 02, Position 1655, Duty AOC 01A00, Authorized Rank/Grade LTC/O-5, effective 8 January 2008 (emphasis added).

8.  The applicant’s records contain a copy of Headquarters, USA HRC, St. Louis, Missouri, Orders B-01-800896, dated 31 January 2008, that show the applicant was promoted to the rank of LTC (O-5), effective and with a DOR of
8 January 2008.

9.  In support of his application, the applicant provides a copy of page 1 of the Regional Level Application Software, Unit Manning Report, 2nd Simulation Group (W85T04), 1st Brigade, 87th Division (Training Support), Fort Sheridan, Illinois, dated 15 August 2007.  This document shows that the applicant’s name was handwritten in Position Number 1655; Position Title:  Simulation Operations Officer, Paragraph 331, Line 02, Duty Position Area of Concentration (AOC) Code 01A00, Authorized Grade O-5.  He also provides a copy of Headquarters, USA HRC, St. Louis, Missouri, Orders B-01-800896, dated 31 January 2008, that show he was promoted to the rank of LTC (O-5), effective and with a DOR of 
8 January 2008.

10.  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 his 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.



11.  On 26 August 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.  To date, the applicant has failed to provide a response.

12.  Department of the Army Pamphlet 623-3 (Evaluation Reporting System) prescribes the procedures for completing Army Evaluation reports for officers and noncommissioned officers and includes both performance and academic evaluations.  Chapter 2 (Officer Evaluation Report Preparation), Table 2-1 (Administrative Data Officer Evaluation Report Instructions), provides instructions for the completion of Part I (Administrative Data).  The instructions for Part I, block c (Rank), state to enter the authorized abbreviation and, if the rated officer has been selected for promotion and is serving in an authorized position, they will be rated in the promotable grade and a “P” entered next to their current grade.  If the rated officer is not assigned to a position authorized the higher grade, do not use the “P.”

13.  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 Army National Guard 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 date of rank (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 evidence of record shows that the applicant was ordered to active duty on 1 November 2007 to perform special work in his Reserve rank/grade of MAJ/O-4.  The evidence of record also shows that the applicant was considered and selected for promotion by the 2007 LTC DA RCSB that convened on 11 September 2007 and was approved on 21 December 2007.  In addition, the applicant’s OER, with a through date of 31 December 2007, shows that the applicant’s rank was entered as “MAJ;” it does not show his rank as “MAJ (P),” thereby offering additional evidence that the applicant was not assigned to a higher graded (i.e., LTC/O-5) authorized position prior to 31 December 2007.

3.  The evidence of record shows, on 11 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.

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, in view of all of the foregoing, 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)                                         AR20080008554



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ABCMR Record of Proceedings (cont)                                         AR20080008554



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