IN THE CASE OF:	

		BOARD DATE:	 6 January 2009 

		DOCKET NUMBER:  AR20080010483 


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 his date of rank for captain be changed from 25 June 2007 to 16 March 2006.

2.  The applicant states that denial of his promotion to captain until his maximum time in grade (MTIG) was unjust because he completed all the requirements for promotion and was not aware of the promotion policy.  He states that if he was aware of the policy, he would have remained in the Troop Program Unit (TPU) until he was promoted and then he would have applied for the Specialized Training Assistance Program (STRAP).  He was told he was not promoted because he was not assigned to a unit vacancy position and not deployable.  He states that he should not have been penalized for participating in the STRAP and that he sees no difference between being promoted at the time of the board announcement and his maximum time in grade.

3.  The applicant provides a copy of records of conversations in support of his case, an extract of Army Regulation 135-7 (Incentive Programs), and a DA Form 5685 (New STRAP Service Agreement).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the U.S. Army Reserve, Army Nurse Corps (ANC) Branch, as a first lieutenant effective 16 July 2002, with 2 years and 18 days constructive service credit (CSC).  Based on the awarded CSC his date of rank for first lieutenant was adjusted to 28 June 2002.
2.  He was assigned to the Army Medical Department (AMEDD) Augmentation Detachment, STRAP effective 2 October 2002.  

3.  He completed the AMEDD officer basic course (OBC) effective 25 July 2003.

4.  On 13 October 2005, the applicant was accepted into the Health Professional Loan Repayment Program incentive during his STRAP stipend phase.

5.  He was promoted to captain on 25 June 2007 based on his MTIG requirement of 5 years.  

6.  He was released from the STRAP and assigned to a TPU effective  
22 October 2007.

7.  In the processing of the case, an advisory opinion was obtained from U.S. Army Human Resources Command (HRC), St. Louis, Missouri.  The HRC-St. Louis states that the applicant was identified by the 2006 Captain Army Medical Department of the Army Reserve Components Selection Board and was selected.  The applicant's date of rank to first lieutenant was 28 June 2002 and he was promoted to captain on 25 June 2007 based on his MTIG requirement of 5 years.  In effect, the earliest date the Office of Promotions could have promoted the applicant to captain was 25 June 2007.

8.  The applicant submits a rebuttal dated 14 November 2008.  The applicant states that he understood he was not eligible for promotion sooner than his maximum time in grade because he was in the STRAP and that he was not holding a captain position.  However, if he was assigned to a unit and occupying a captain position he would have been promoted before his maximum time in grade.  He states, in effect, that the promotion policy is unjust because if he was occupying a captain position in a unit he would have been promoted before his maximum time in grade.  He bases his entire request on the fact that the only reason he was not promoted sooner was because he was in the STRAP and not assigned to a unit.  If he had known of this promotion limitation, he would have stayed in a TPU assignment.

9.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) in effect at the time, prescribed the policies and procedures for promotion of Reserve officers.  This regulation specified that individuals will receive mandatory promotion consideration prior to their MTIG dates so that, if selected, they may be promoted on their future MTIG dates.  The regulation also specifies that promotion to CPT requires 5 years completion of time in the lower grade.

11.  The Reserve Officer Personnel Management Act (ROPMA) was enacted effective 1 October 1996.  Among many other things, it required that a first lieutenant serve a maximum time in grade of 5 years before promotion to CPT.

12.  In a memorandum from the Office of the Deputy Chief of Staff, G-1 dated  
11 February 2005, it is stated that officers assigned to the National Army Medical Department Augmentation Detachment (NAAD) and participating in the STRAP program are assigned to a unit with no Table of Distribution and Allowances (TDA) requirement with a projection to fill TPU vacancies in the Selected Reserve upon completion of their training.  As such, they are not able to seek higher grade positions prior to their promotion eligibility date (PED).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his promotion to captain should be adjusted from 25 June 2007 to 16 March 2006.

2.  The evidence shows that the applicant was appointed to first lieutenant effective 18 July 2002, with 2 years and 18 days CSC.  Based on the CSC awarded, his date of rank for first lieutenant was adjusted to 28 June 2002.  The applicant was identified by the 2006 Captain Army Medical Department of the Army Reserve Components Selection Board and was selected.  

3.  Regretfully, the applicant was a STRAP participant assigned to the NAAD with no TDA requirement, which means he was unable to seek a higher grade position prior to his MTIG on 25 June 2007, in accordance with the memorandum from the Office of the Deputy Chief of Staff, G-1 dated 11 February 2005.

4.  In view of the foregoing, there is no basis for granting the applicant's request.  Therefore, the applicant is not entitled to have his date of rank adjusted from  
25 June 2007 to 16 March 2006.  Failure to grant his request does not disadvantage him compared to officers in similar circumstances.

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)                                         AR20080010483



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ABCMR Record of Proceedings (cont)                                         AR20080010483



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