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
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ABCMR Record of Proceedings (cont) AR20080008757
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