IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080011142
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, reconsideration of adjustment of her date of rank (DOR) for captain (CPT) from 21 August 2006 to 18 August 2005.
2. The applicant states, in effect, that adjustment of her DOR for CPT from 21 August 2006 to 18 August 2005 should be reconsidered.
3. The applicant provides no additional documentation in support of her request.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060013059, on 26 June 2007.
2. The Board concluded that even if the applicant's promotion packet was placed on hold due to delinquent OERs (Officer Evaluation Reports), as she alleges, it did not entitle her to promotion to CPT on 18 August 2005. She was not entitled to promotion to CPT until she was extended Federal recognition in an approved position vacancy. Her name was placed on the position vacancy promotion list on 26 May 2006 and the list was not approved until 21 August 2006.
3. The applicant's new argument, as stated in her request, is that she suffers from depression. She states, in effect, that she had put this issue off far too long and everything in her life became very difficult for her to deal with and manage during her active duty tour with the California Army National Guard (CAARNG). She states that rather than terminate her affiliation with the military after 18 1/2 years, she left the ARNG and eventually joined the Army Reserve. However, this move did not help her with her depression over the events she experienced with the ARNG.
4. The applicant states that the delayed promotion, seemingly to her, due to deliberate postponement of her OERs being completed was no less than traumatic during a time of financial and emotional need. She was unable to care for her family appropriately during her active tour due to personal problems. It caused great distress to her professionally and personally because she had put so much effort into making sure she covered every base possible to be promoted when the "time" came. She elaborated on her military accomplishments.
5. The applicant states that being behind her peers in rank has taken a great toll on her both as a military officer and as human being to the extent of medication, therapy, unemployment, and self-destruction. She elaborates on how she felt and is disappointed with the organization she gave her heart and soul to be affiliated with for more than 20 years. She is now forlorn. She states that there is no telling how long she will suffer emotional stress; however, granting adjustment of her DOR would relieve some of the financial distress her family has continued to endure.
DISCUSSION AND CONCLUSIONS:
1. The applicant's new argument was carefully considered and found to be without merit.
2. The applicant has not provided any new evidence that would support a change in the Board's original decision.
3. The applicant's emotional distress has no bearing on the fact that she was promoted based on a position vacancy promotion, below the zone, which was managed by the State and falls under its jurisdiction. ROPMA (Reserve Officer Personnel Management Act) prohibits adjustment of the DOR when promotions are made based on a position vacancy promotion. Promotion consideration below the zone is a privilege and not a right.
4. The Board does not grant relief in adjustment of DOR issues to relieve an applicant's emotional distress.
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 to amend the decision of the ABCMR set forth in Docket Number AR20060013059, dated 26 June 2007.
__________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) AR20080011142
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080011142
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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