IN THE CASE OF:
BOARD DATE: 19 February 2009
DOCKET NUMBER: AR20080009691
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 the effective date and date of rank for his promotion to captain (CPT) be changed to 5 February 2007.
2. The applicant states, in effect, that he was assigned to and serving in a valid position with the 807th Medical Command (MEDCOM) from 22 May 2006 through 24 April 2007. He claims he was in a valid CPT position before, during and after the CPT Army Medical Department (AMEDD) promotion selection board process. He states that the promotion list was released on 11 April 2007, and he was transferred to the trainee, transient, holdee and student (TTHS) account on 24 April 2007, after the promotion process was completed. He states he was released from the TTHS on 7 January 2008 and he was promoted to CPT on that same date.
3. The applicant provides no additional documentary evidence in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he was commissioned a second lieutenant in the United States Army Reserve on 6 February 2002, and was promoted to first lieutenant (1LT) on 5 February 2004.
2. On 24 April 2007, the applicant was reassigned from his Troop Program Unit (TPU) (807th MEDCOM) to the MEDCOM TTHS.
3. On 26 April 2007, the 2007 AMEDD CPT Reserve Component Selection Board (RCSB) promotion selection list was released and confirmed the applicant was included in the list of selectees.
4. On 7 January 2008, the applicant was reassigned from the MEDCOM TTHS to the 807th MEDCOM, and Headquarters, Army Reserve MEDCOM Orders
08-007-00071 were published authorizing his promotion to CPT effective and with a date of rank of 7 January 2008.
5. During 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, Department of the Army (DA) Promotions. This official recommends disapproval of the applicant's request. He stated that Soldiers in the TTHS are not assigned positions in TPUs and therefore, are not promotable. He confirms the 2007 DA RCSB CPT AMEDD promotion selection list was released on 26 April 2007, and that the applicant had been transferred to the TTHS prior to the release of the list. He further confirms that Soldiers selection for promotion who are in the TTHS are promoted upon release from the TTHS and assigned back to a unit providing all promotion requirements are met. He further states that the applicant was promoted to CPT effective and with a date of rank of 7 January 2008, which is the date he was reassigned back to a unit from the TTHS.
6. On 4 September 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, he has failed to respond.
7. 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 U.S. Army Reserve (USAR).
8. Paragraph 4-21 of the RC promotion regulation contains guidance on promotion effective dates and dated of rank. It states, in effect, that unit officers must be in a position authorized the higher grade to be promoted. Those whose promotions are delayed and who are later assigned to a higher graded position will be promoted on the date of assignment to the higher graded position.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his promotion date should be changed to
5 February 2007, was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, unit officers must be in a position authorized the higher grade in order to be promoted. The evidence of record in this case confirms the applicant was in the TTHS and was not assigned to a position authorized the higher grade when the promotion list was released on 26 April 2007. It further shows he was assigned back to his TPU in a CPT position on 7 January 2008, and was promoted to CPT on that same date.
3. The evidence of record confirms the applicant's promotion to CPT was accomplished in accordance with the applicable regulation. Therefore, absent any evidence of error or injustice related to the delay in his promotion to CPT, there is an insufficient evidentiary basis to support granting the requested relief.
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) AR20080009691
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080009691
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110004001
He submitted various email exchange with his unit S-1, AMEDD career manager, and others that show: * 21 October 2008, his career manager advised him that his records would be considered by the January 2009 CPT AMEDD Reserve Components Board * 6 June 2009, his unit S-1 informed him he was not in a valid position and that he was assigned to the TTHS for medical reasons * 8 June 2009, he acknowledged the TTHS assignment but stated the medical issue had been resolved since the Department of...
ARMY | BCMR | CY2008 | 20080013315
She claims the HRC-St. Louis record erroneously showed her as a member of the Army National Guard (ARNG) instead of the United States Army Reserve (USAR) when the results of the CPT Army Medical Department (AMEDD) Reserve Component Selection Board (RCSB) were released on 23 August 2001. The applicant provides the following documents in support of her application: USAR Assignment Orders; Unit Manning Report; DA Form 2B (Personnel Qualification Record); and Promotion Memorandums (ARNG &...
ARMY | BCMR | CY2008 | 20080016879
IN THE CASE OF: BOARD DATE: 28 APRIL 2009 DOCKET NUMBER: AR20080016879 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 135-155 also specifies that the unit commander will initiate position vacancy promotion procedures and forward a memorandum listing all unit officers eligible for promotion consideration. Nevertheless, the applicant has not sufficiently shown that he would have been selected for the position vacancy absent the loss of his promotion packet and,...
ARMY | BCMR | CY2008 | 20080019716
This HRC-St. Louis promotion official stated that the applicant was REFRAD and transferred to the USAR on 12 May 1999, prior to his promotion eligibility date (PED). The HRC-St. Louis, Chief, Special Actions Branch, Office of Promotions, RC, further states that had the applicant been assigned to a higher graded position upon his 12 May 1999 discharge from the RA and transferred to the USAR he would have been eligible for promotion to CPT on his PED of 1 July 1999, or had he remained...
ARMY | BCMR | CY2009 | 20090014720
He claims under the policy contained in Office of the Chief, Army Reserve (OCAR) Memorandum, dated 18 April 2008, which was in effect at the time, having made the LTC promotion list as a mobilized officer serving on active duty, he should have been promoted to LTC upon being matched against a position of like rank and grade. This official indicated the applicant was considered for promotion by the FY07 LTC RCSB that convened on 11 September 2007, and was promoted to LTC in orders, dated 26...
ARMY | BCMR | CY2006 | 20060002479C070205
The applicant states he should have been promoted to CPT during the September 2004 position vacancy board, but he was not promoted because his unit improperly placed him in the new TTHS (Trainee, Transient, Holdee, and Student) account. USAR position vacancy promotion consideration to fill a TPU position vacancy is authorized (1) when the Commander, USAHRC – St. Louis notifies a TPU commander that no qualified Individual Ready Reserve (IRR) officer of the authorized grade is geographically...
ARMY | BCMR | CY2010 | 20100024926
Orders C-09-521084, issued by HRC on 21 September 2005, releasing her from the USAR Control Group and reassigning her to the 77th RRC, Fort Totten, NY, effective 21 September 2005. b. DA Form 2A (Personnel Qualification Record), dated 1 April 2011, showing the applicant was assigned to HHC, 77th RRC on 22 September 2005, in paragraph/line number 019/02, position title executive officer, and an authorized grade of O-3. The effective date of promotion and DOR will be the same as if the...
ARMY | BCMR | CY2009 | 20090008999
Once transferred, the 90th RRC surgeon's office processed his request to be removed from the TTHS account in a timely manner, moved him into a major's position, and promoted him with a date of rank of 1 October 2008, effectively placing him 18 months behind his peers. The applicantÂ’s records contain no evidence or medical records to show when he was placed on and released from the TTHS account. TPU officers selected by a promotion board will have a promotion date and date of rank no...
ARMY | BCMR | CY2010 | 20100027837
A USARC Form 56-R (Promotion Qualification Statement for [U.S. Army Reserve Command] Mobilized TPU Officers), dated 25 August 2003, shows his commander verified he was qualified for promotion. An officer selected for the first time for promotion to the next higher grade may be promoted on or before the date he/she completes the maximum service. The evidence of record does not show errors in the applicant's rank or DOR.
ARMY | BCMR | CY2008 | 20080020101
The applicant states, in effect, that he should have been promoted to colonel soon after the 2007 Army Medical Department (AMEDD) board results were released. When the board approval or Senate confirmation is before the individual's assignment to the higher graded position, the date of promotion and effective date will be the assignment date. He was assigned to a colonel's position effective 2 August 2008 and appropriately promoted to colonel on that date.