IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080008733
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 her record be corrected to show she is eligible for consideration for promotion to lieutenant colonel (LTC) by the 2010 Department of the Army (DA) Reserve Component Selection Board (RCSB).
2. The applicant states, in effect, she would have been eligible for advancement to major (MAJ) in April of 2004 and therefore, she should be eligible to be considered for promotion to LTC by the 2010 RCSB.
3. The applicant provides a self-authored letter and a DA Form 67-9 (Officer Evaluation Report) in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows she was appointed a second lieutenant (2LT) in the United States Army Reserve (USAR) on 21 May 1992, and was promoted to first lieutenant (1LT) on 20 October 1994. It further shows she was selected for promotion to captain (CPT) by the 1999 DA RCSB, which was approved on
18 April 1999, while she was assigned to a Troop Program Unit (TPU).
2. On 1 April 2000, the applicant was reassigned to the Individual Ready Reserve (IRR) and was promoted to CPT effective and with a date of rank of that same day. She was selected for promotion to MAJ by the 2006 DA RCSB, which is the earliest board she was eligible for based on her CPT date of rank, and was promoted to MAJ effective and with a date of rank of 1 April 2006.
3. In connection with the processing of this case, an advisory opinion was obtained from the United States Army Human Resources Command, St. Louis, Missouri (HRC-St. Louis) Chief, Special Actions Branch, DA Promotions. This official outlines the applicant's promotion history and indicates that when she was selected for promotion to CPT on 18 April 1999, while serving in a TPU, she did not meet all of the qualifications for promotion until she was transferred to the IRR on 1 April 2006, at which time she was promoted. It further indicates she was selected for promotion to MAJ by the 2006 RCSB, which was the earliest board for which she was eligible based on her CPT date of rank, and she was promoted to MAJ on 1 April 2006, upon her assignment to a MAJ position. This official further states that the zone of consideration for promotion to LTC by the 2009 DA RCSB is 31 March 2004 for officers in the primary zone and 31 March 2005 for officers below the zone, and that based on the applicant's 1 April 2006 promotion date to MAJ she will not be included in the zone of consideration by this board. He further states that the zones of consideration for promotion boards beyond 2009 have not yet been established and as a result a determination on when the applicant will be eligible for promotion consideration cannot yet be made.
4. On 2 December 2008, the applicant was provided a copy of the HRC-St. Louis advisory opinion in order to have the opportunity to rebut its contents. To date, she has failed to respond.
5. 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 USAR. Section III contains guidance on board considerations and states, in pertinent part, that promotion eligibility is determined by the Deputy Chief of Staff, G1 and is approved by the Secretary of the Army (SA). For mandatory Reserve of the Army promotions, eligibility is based on time in grade. RCSB zones of consideration are established by category and grade and announced annually.
6. Paragraph 4-21 of the same regulation provides guidance on promotion effective dates. It states, in pertinent part, that an officer is promoted after selection if all qualifications for promotion are met. When an officer does not meet qualifications for promotion, the effective date of promotion will not be earlier than the later date all qualifications are met.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her record should be corrected to ensure she is eligible for LTC promotion consideration by the 2010 RCSB was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, the zones of consideration for promotion consideration are established annually by the Deputy Chief of Staff, G1 and approved by the SA, and are based on time in grade. As a result, it is not possible to determine when the applicant will be eligible for consideration for promotion to LTC.
3. The evidence of record gives no indication that there was any error or injustice related to her promotion dates to 1LT, CPT, and or MAJ. Therefore, absent any evidence of error or injustice related to these earlier promotions, there is no basis to support changing her MAJ date of rank to allow her early consideration for promotion to LTC.
4. 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.
_______ _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) AR20080008733
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