IN THE CASE OF:
BOARD DATE: 2 December 2008
DOCKET NUMBER: AR20080010686
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 correction of his date of rank (DOR) for lieutenant colonel (LTC) from 27 May 2008 to what it would have been had his records been evaluated by the Fiscal Year (FY) 2007 LTC Reserve Components (RC)/ Army Promotion List (APL) Selection Board.
2. The applicant states that the correction of his DOR for major was directed by the Board, but that the correction was not completed until February 2008. This correction would have made him eligible for consideration for promotion by the FY 2007 LTC RC/APL Selection Board. He was subsequently promoted to LTC on 27 May 2008 based on a unit vacancy. He requests this correction to remain competitive with his peers.
3. The applicant provides copies of the National Guard Bureau (NGB) Memorandum and Special Orders Number 139, both dated 3 June 2008; and NGB Special Orders Number 304, dated 4 December 2007.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a major, Army National Guard, serving on active duty in Iraq with the 2nd Support Brigade Combat Team, 25th Infantry Division.
2. On 16 October 2007, this Board directed in Docket Number AR20070009131, that the applicant's DOR for major be changed from 8 October 2003 to 19 June 2002 and that he receive all back pay and allowances due to him as a result of the correction. The Board did not address the issue of promotion eligibility for LTC based on the change of his DOR for major.
3. Special Orders Number 304, NGB, dated 4 December 2007, amended Special Orders Number 257, NGB, dated 8 October 2003, correcting the applicant's DOR for major to 19 June 2002.
4. NGB Memorandum dated 3 June 2008 announced the promotion of the applicant to LTC an effective date and DOR of 27 May 2008.
5. Special Orders Number 139, NGB, dated 3 June 2008, promoted the applicant to LTC effective 27 May 2008.
6. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia. It stated that the applicant was promoted to LTC under the position vacancy promotion system. The promotion effective date was established by the Secretary of Defense based on the approval date of the scroll list containing his promotion.
a. The opinion further states that In accordance with the Reserve Officer Personnel Management Act (ROPMA) the effective date of promotion and date of rank for an officer who is promoted under the position vacancy promotion system will be the date the Chief, NGB extends Federal Recognition, based on the approved scroll list from the Secretary of Defense. Promotion effective date is not the date of appointment into position or the date of the State Federal Recognition Board.
b. National Guard Regulation 600-100, paragraph 8-2a (1) provides that the date of rank of a Reserve of the Army for an Army National Guard commissioned officer, who is promoted as a result of Federal Recognition Board selection, is the date Federal Recognition is extended in the highest grade.
c. The opinion recommended disapproval of the applicant's request to change his DOR for LTC.
7. A copy of the advisory opinion was sent to the applicant on 19 August 2008 for his information and opportunity to rebut. No response was received.
8. ROPMA states that a major will be considered for position vacancy promotion after 4 years time in grade. Consideration by a Department of the Army mandatory promotion board to LTC occurs during the year prior to the officer's required 7 years for mandatory promotion.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DOR for major was adjusted to 19 June 2002. This made him eligible for consideration for promotion to LTC, based on a position vacancy, during the period from 2006 to 2008. The applicant was promoted to LTC on
27 May 2008.
2. Had the applicant not been promoted based on a position vacancy, his DOR for major would have made him first eligible for consideration by the Department of the Army mandatory board in 2008.
3. In view of the above, the applicant's request should be denied.
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) AR20080010686
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ABCMR Record of Proceedings (cont) AR20080010686
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