IN THE CASE OF:
BOARD DATE: 23 April 2009
DOCKET NUMBER: AR20080013310
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 her military records to change her date of rank for major to 29 April 2008.
2. The applicant states that her troop program unit (TPU) did not turn in her AHRC Form 56 (Promotion Qualification Statement) until 30 June 2008, which resulted in that becoming her date of rank and effective date for promotion to major.
3. The applicant provides, in support of her application, copies of her AHRC Form 56, DA Form 2B (Personnel Qualification Record), DA Form 705 (Army Physical Fitness Test Scorecard), mobilization orders, and promotion orders for major.
CONSIDERATION OF EVIDENCE:
1. At the time of her application, the applicant was serving as a major, United States Army Reserve, in a TPU.
2. In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, United States Army Human Resources Command, St. Louis, Missouri. It stated that the applicant had been considered and selected by the 2008 Major Army Medical Department of the Army Reserve Components Selection Board as a below the zone TPU officer. The selection was approved on 8 April 2008 and the results were released on 29 April 2008. TPU officers must have a valid security clearance, a valid Army Physical Fitness Test, and be in a valid position for the higher grade in order to qualify for promotion. The applicant's TPU submitted AHRC Form 56, dated 7 June 2008, stating, in part, that the applicant was assigned to a higher graded position on
30 June 2008. The advisory opinion recommended that the applicant's request be denied.
3. On 16 March 2009, a copy of the advisory opinion was sent to the applicant for her information an opportunity to rebut. No response was received.
4. Orders B-07-804762, United States Army Human Resources Command, dated 17 July 2008, promoted the applicant to major, pay grade O-4, with a date of rank and effective date of 30 June 2008.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her date of rank for major should be changed from 30 June 2008 to 29 April 2008, the date the promotion board results were released.
2. The evidence clearly shows that the applicant was not eligible for promotion until 30 June 2008, the date she was assigned to a major's position. There is no error or injustice.
3. 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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20080013310
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