Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080008757
Original file (20080008757.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	        16 OCTOBER 2008

		DOCKET NUMBER:  AR20080008757 


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 date of rank (DOR) for promotion to the rank of captain (CPT) be corrected from 20 September 2007 to 5 May 2007.

2.  The applicant states that he filled out his original promotion packet on 5 May 2007 and sent it through his chain of command.  However, it was halted when he was transferred to another unit for deployment and was mishandled by his new unit.  Accordingly, his DOR should be adjusted to 5 May 2007.

3.  The applicant provides a copy of his promotion packet and his mobilization orders, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Army Reserve (USAR) on 8 March 1987 for a period of 4 years.  He completed his training and remained in the USAR as a patient administrative specialist through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 1 August 2001.   

2.  On 2 February 2002, he accepted a USAR commission as a second lieutenant in the Medical Service Corps (MSC).  He was promoted to the pay grade of first lieutenant on 1 February 2004.

3.  On 7 June 2007, he was issued his 20-year letter and he was promoted to the rank of CPT on 20 September 2007. 

4. In the processing of this case a staff advisory opinion was obtained from the Special Actions Branch, Human Resources Command – St Louis which opines that the applicant was selected for promotion to the rank of CPT by the 2007 Department of the Army Reserve Components Army Medical Department (AMEDD) Selection Board and he was promoted to the rank of CPT on 20 September 2007, the date of his assignment to a valid higher graded position. Officials at that agency opine that the applicant was previously assigned to non-valid positions and it was not until 20 September 2007 that he was assigned to a valid position.  Accordingly, his DOR for promotion to CPT is correct.  The advisory opinion was provided to the applicant for comment and to date, no response has been received by the staff of the Board. 

5.  Title 10 of the United States Code, section 14304 (10 USC 14304) provides the legal authority for eligibility for consideration for promotion based on maximum years in grade (MYIG) provisions of the law.  Paragraph (a) states, in pertinent part, that officers shall be placed in the promotion zone and shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a) of this title, far enough in advance of completing the MYIG so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service.  If the officer occupies a position equal to or higher than the grade to which they are being promoted, they may be promoted before they reach their MYIG.     

DISCUSSION AND CONCLUSIONS:

1.  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.  

2.  The applicant was selected by a duly constituted promotion selection board and was properly promoted to the rank of CPT effective the date he was assigned to a valid higher graded position.  

3.  Therefore, in the absence of evidence to show that he was assigned to a valid position prior to 20 September 2007, there appears to be no basis to change his DOR.  





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States in the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.




      _________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)                                         AR20080008757



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008757



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110018065

    Original file (20110018065.txt) Auto-classification: Denied

    The applicant states he was assigned to a CPT’s position on 9 September 2008; however, he was not promoted to the rank of CPT until 15 October 2008 because officials at the U.S. Army Human Resources Command (USAHRC) did not see that he was in a CPT’s position until 15 October 2008. It is also noted that the advisory opinion clearly states the USAHRC can adjust his DOR if his unit provides the necessary documents (AHRC Form 56-R) verifying his contentions; however, the applicant has provided...

  • ARMY | BCMR | CY2001 | 2001065432C070421

    Original file (2001065432C070421.rtf) Auto-classification: Approved

    Officials at the ARPERSCOM opined that the applicant had been considered for the first time by the 1999 Reserve Components (RC) Major Promotion Selection Board based on his DOR to CPT in 1991 and under current policies, he should have his DOR adjusted to the date he occupied a position requiring the rank of MAJ, since he was not eligible for consideration by a Reserve Component Selection Board when he reached his MYIG. Paragraph (a) states, in pertinent part, that officers shall be placed...

  • ARMY | BCMR | CY2010 | 20100000918

    Original file (20100000918.txt) Auto-classification: Approved

    The applicant's military records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant on 23 May 1992 and entered active duty. The Chief, Personnel Division, NGB, further indicated that because the applicant was promoted to CPT on 1 June 1996, was selected for promotion to MAJ by a mandatory selection board on 4 April 2003, was mobilized to Afghanistan on 5 August 2003, was released from active duty on 4 August 2004, and resigned his commission on 15 March...

  • ARMY | BCMR | CY2003 | 2003084830C070212

    Original file (2003084830C070212.doc) Auto-classification: Denied

    The Board considered the following evidence: Exhibit A - Application for correction of military records. Paragraph (b) of 10 USC 14304 states, in effect, that an RC officer who is recommended for promotion to the next higher grade by a selection board the first time they are considered for promotion and who is placed on an approved promotion list shall (if not promoted sooner or removed from that list by the President or by reason of declination) be promoted, without regard to the existence...

  • ARMY | BCMR | CY2007 | 20070013058

    Original file (20070013058.txt) Auto-classification: Approved

    National Guard Regulation 600-100, paragraph 8-15 states in pertinent part that an ARNG commissioned officer, not on active duty, who is selected for promotion as a Reserve commissioned officer of the Army resulting from mandatory consideration may be extended Federal Recognition in the higher grade subject to several conditions, including that the officer has reached his or her promotion eligibility date and that the officer is promoted in a State status to fill an appropriate position...

  • ARMY | BCMR | CY2001 | 2001059639C070421

    Original file (2001059639C070421.rtf) Auto-classification: Approved

    She claims that at the time the promotion board convened she was serving in an authorized MAJ position and her promotion order should have reflected a DOR of 1 July 1997, which under the law was her PED. It also indicated that the applicant’s promotion effective date should have been established as 11 November 1997, the date she was assigned to an authorized MAJ position. In addition, the Board concurs with the ARPERSCOM opinion that her promotion effective date should have been 11...

  • ARMY | BCMR | CY2003 | 2003087418C070212

    Original file (2003087418C070212.rtf) Auto-classification: Approved

    The applicant states that he was selected for promotion to the rank of major by a Department of the Army Standby Advisory Board (STAB) and was informed that his DOR would be 25 June 2000. He further states that when he inquired about his DOR, USAR officials stated that they could not change it because he was a member of the NJARNG. Paragraph (a) states, in pertinent part, that officers shall be placed in the promotion zone and shall be considered for promotion to the next higher grade by a...

  • ARMY | BCMR | CY2005 | 20050009478C070206

    Original file (20050009478C070206.doc) Auto-classification: Denied

    Paragraph (a) states, in pertinent part, that officers shall be placed in the promotion zone and shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a) of this title, far enough in advance of completing the MYIG so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service. Paragraph (b) states, in effect, that a RC officer who is...

  • ARMY | BCMR | CY2009 | 20090010328

    Original file (20090010328.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 13 May 2010 DOCKET NUMBER: AR20090010328 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's record shows after serving in an enlisted status from 27 November 1984 through 22 June 1990, he was appointed as a Reserve commissioned officer in the grade of 2LT and entered the Army National Guard (ARNG) on 23 June 1990. The applicant was considered and selected for promotion to MAJ by the 2006 RCSB and his promotion and Federal recognition dates were...

  • ARMY | BCMR | CY2001 | 2001056548C070420

    Original file (2001056548C070420.rtf) Auto-classification: Approved

    Paragraph (a) states, in pertinent part, that officers shall be placed in the promotion zone and shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a) of this title, far enough in advance of completing the MYIG so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service. This conclusion is based on the legal provisions established...