IN THE CASE OF:	  

		BOARD DATE:	  	  28 October 2008

		DOCKET NUMBER:  AR20080008556 


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 his promotion orders (Orders B-01-800898, dated 31 January 2008) be amended to show his date of rank (DOR) to lieutenant colonel (LTC) as 21 December 2007 or the earliest possible date following the release of board results.

2.  The applicant states that his unit changed Table of Distribution and Allowances (TDA) on 7 January 2008.  He alleges that his promotion date was erroneously assigned based on the date he was slotted against a new TDA.  Based on the old Unit Manning Report from August 2007 (under the old TDA), he was slotted in an LTC’s slot as of August 2007.  His name was hand-written on the Unit Manning Report because he was mobilized.  He states that mobilized service members cannot be entered electronically on the Unit Manning Report.  Since he was fully qualified and in the O-5 slot, his DOR should be 21 December 2007.  

3.  The applicant provides a copy of a Unit Manning Report, dated 15 August 2007, and his promotion orders to LTC.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer on 17 May 1987 in the rank of second lieutenant.  


2.  He was appointed as a second lieutenant in the Army National Guard on 9 June 1987.  Departments of the Army and the Air Force National Guard Bureau, Special Orders Number 147 AR, dated 4 August 1987, granted him Federal Recognition effective 9 June 1987.

3.  The applicant was discharged from the Army National Guard on 29 July 1989. On the following date, he was transferred to the U.S. Army Reserve (USAR) and further assigned to the U.S. Chemical Center and School, Fort McClellan, Alabama.    

4.  The applicant was ordered to active duty on 30 July 1989.  He was promoted to the rank of first lieutenant on 17 May 1990.

5.  On 30 July 1992, the applicant was released from active duty in the rank of first lieutenant.  On the following date, he was transferred to the USAR Control Group (Reinforcement).  On an unknown date, he was assigned to a Troop Program Unit (TPU).  

6.  The applicant was promoted to the rank of captain on 16 May 1994 and he was promoted to the rank of major on 22 July 2001.

7.  The applicant provided a copy of a Unit Manning Report, prepared on 15 August 2007, which appears to show he was assigned to an O-5 position on 20 April 2006.  

8.  Department of the Army, U.S. Army Human Resources Command (USAHRC), St. Louis, Missouri, Orders B-01-800898, dated 31 January 2008, promoted the applicant to the rank of LTC with an effective date and DOR of 8 January 2008.

9.  In the processing of this case, a staff advisory opinion was obtained from the Chief of Promotions Branch, Office of Promotions, Reserve Components, USAHRC, St. Louis, Missouri.  It was recommended that the applicant’s request be disapproved.  The opinion stated that the applicant was selected for promotion to LTC by the 2007 Department of the Army (DA) Reserve Components Selection Board with a promotion eligibility date (PED) of 21 July 2008.  He was promoted to LTC with a DOR of 8 January 2008.  The opinion points out that the applicant was assigned to a higher graded position on
8 January 2008 per U.S. Army Reserve Command (USARC) Form 56-R.  The 


opinion states the approval date of the board was 21 December 2007 and he was not assigned in a higher graded position until 8 January 2008; therefore, his DOR of 8 January 2008 is correct.  

10.  A copy of the advisory opinion was forwarded to the applicant.  On 5 September 2008, he provided a copy of a Unit Manning Report; a memorandum from his commanding officer; and an AHRC Form 56-R, version dated 8 March 2008.  

11.  In a 6 September 2008 memorandum, the commanding officer of Headquarters and Headquarters Company, 3rd Battle Command Training Group, 3rd Brigade, 75th Division, Fort Sheridan, Illinois stated that the original AHRC Form 56-R contained the incorrect date the applicant was assigned to an LTC position.  The commanding officer stated the applicant was assigned to an LTC position as of 15 August 2007 and his promotion effective date should be 21 December 2007 (the approval date of the board).  The (corrected) AHRC Form 56-R shows the applicant was assigned to an LTC position on 15 August 2007.

12.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other Than General Officers) prescribes the policies and procedures for promotion of Reserve officers.  The regulation provides that mandatory selection boards will be convened each year to consider Army Reserve officers in an active status for promotion to CPT through lieutenant colonel.

13.  Paragraph 4-21 of Army Regulation 135-155 covers the effective dates of promotion.  It states, in pertinent part, that unit officers selected by a mandatory board will have a promotion date and effective date no earlier that the date the 
board is approved or the date of Senate confirmation (if required), provided they are assigned to a position in the higher grade.  When the board approval or, if required, Senate confirmation is before assignment to the position in the higher grade, the effective date and the date of promotion will be the date of assignment to the higher graded position.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to the rank of major on 22 July 2001.




2.  The advisory opinion states the applicant was selected for promotion to LTC by the 2007 DA Reserve Components Selection Board and the board was approved on 21 December 2007.  

3.  The USAHRC advisory opinion stated the applicant was assigned to a higher graded position on 8 January 2008 based upon an AHRC Form 56-R they had received.  However, based on the memorandum, dated 6 September 2008, from 
the applicant’s commanding officer, the applicant was in an LTC, O-5 position as of 15 August 2007 and the original AHRC Form 56-R contained an incorrect date.

4.  Through no fault of the applicant, he was promoted to LTC with an effective date and DOR of 8 January 2008.  

5.  It appears that an injustice has occurred in this case regarding the applicant’s DOR to LTC.  Therefore, it would be equitable to adjust the applicant’s DOR and effective date of promotion to LTC to 21 December 2007, the approval date of the board.  The applicant’s finance records should also be corrected to show his effective date of promotion to LTC was 21 December 2007 and he should be paid any due back pay and allowances.  

BOARD VOTE:

____XX____  ____XX____  ____XX____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was promoted to LTC with an effective date and DOR of 21 December 2007.




2.  The Board further recommends that the Defense Finance and Accounting Service (DFAS) audit the applicant’s military pay account to determine the amount owed to him as a result of the above correction and that he be paid any back pay owed to him.



      _______XXXX_______________
       	   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)                                         AR20080008556



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ABCMR Record of Proceedings (cont)                                         AR20080008556



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