IN THE CASE OF:
BOARD DATE: 9 December 2008
DOCKET NUMBER: AR20080011863
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 reconsideration of his earlier request for correction of his date of rank for lieutenant colonel.
2. The applicant states, in effect, that the Board did not consider his promotion orders for major, dated 28 December 2004, as being valid. He contends that these orders were valid. He further contends that he had a current physical examination at the time of his promotion to major, but that the information had not been provided to the previous Board for consideration.
3. The applicant provides copies of his physical examination dated 9 June 2000 and another copy of promotion orders for major, dated 28 December 2004.
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 AR20080001126, on 19 June 2008.
2. The applicant argues that the memorandum from the United States Army Human Resources Command, St. Louis, Missouri, dated 28 December 2004, is valid and that he was promoted to major effective 19 June 2002.
3. The applicant provided a copy of lab results and Progress Notes dated 9 June 2000 showing that his physical examination was normal.
4. Paragraph 1d, in the CONSIDERATION OF EVIDENCE for the previous proceedings, states that the applicant was considered and selected for promotion to major, and that this action was approved on 19 June 2002.
5. Paragraph 1e, in the CONSIDERATION OF EVIDENCE for the previous proceedings, states that the applicant was issued a notification, dated 22 July 2002, informing him that his promotion status had been suspended because he was not assigned to a major's position, did not have a current qualifying physical examination, and did not have a current valid security clearance.
6. Paragraph 1f, in the CONSIDERATION OF EVIDENCE for the previous proceedings, states that the applicant completed his physical examination requirements on October 2002 and was promoted to major with an effective date and date of rank of 6 October 2002.
DISCUSSION AND CONCLUSIONS:
The evidence and argument provided by the applicant does not sufficiently show that his promotion to major, effective 19 June 2002, was valid. He provided lab results and Progress Notes that indicated he had a normal physical examination; however, he did not provide a profiled the Report of Medical Examination (Standard Forms 88 and 89) that should have been completed and signed by the examining medical official indicating he was qualified for retention. He has not provided sufficient evidence or argument to overcome the evidence showing that his promotion status was suspended until 6 October 2002, when he completed his physical examination and was subsequently promoted to major.
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 AR20080001126, dated 19 June 2008.
_______ _ 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) AR20080011863
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ABCMR Record of Proceedings (cont) AR20080011863
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