IN THE CASE OF:	  

		BOARD DATE:	  18 February 2009

		DOCKET NUMBER:  AR20080013315 


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, that her date of rank (DOR) to captain (CPT) be adjusted to 25 July 2001.  

2.  The applicant states, in effect, that a material error in the Army Human Resources Command, St, Louis, Missouri (HRC-St. Louis) database unjustly delayed her promotion to CPT.  She claims the HRC-St. Louis record erroneously showed her as a member of the Army National Guard (ARNG) instead of the United States Army Reserve (USAR) when the results of the 
CPT Army Medical Department (AMEDD) Reserve Component Selection Board (RCSB) were released on 23 August 2001.  She claims that as a result of the erroneous coding, her promotion notification was sent to the Georgia ARNG and was not properly reviewed by USAR officials at HRC-St. Louis, as they should have been.  She states that she transferred from the ARNG to a USAR Troop Program Unit (TPU) on 1 January 2001; however, she was not promoted until 
11 April 2002.  She claims that upon her transfer from the ARNG to the 1207th United States Army Hospital (USAH), TPU administrative personnel unjustly moved her from the higher graded CPT position she transferred into and forged her signature on a promotion delay statement that was sent to HRC-St. Louis.  She claims she met all qualifications for promotion to CPT and should have been promoted on 25 July 2001.

3.  The applicant provides the following documents in support of her application:  USAR Assignment Orders; Unit Manning Report; DA Form 2B (Personnel Qualification Record); and Promotion Memorandums (ARNG & USAR).

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she was commissioned a second lieutenant in the USAR on 20 December 1993, and was appointed in the ARNG on 9 August 1995.   

2.  The applicant's record contains State of Georgia, Department of Defense, Military Division Order 011-048, dated 11 January 2001, which directed the applicant's separation from the ARNG and transfer to the 1207th USAH, USAR (Position Number 1025, Paragraph 007, Line 07), effective 1 January 2001.  A Unit Manning Report (UMR) for the 1207th USAH, dated 6 December 2000, does not list a position at Paragraph 007/Line 07 and there are no officer positions identified in Paragraph 007.  

3.  A Personnel Qualification Record (DA Form 2B) on the applicant, dated 
24 July 2001, which was prepared at the 1207th USAH shows she is assigned to Position Number 9990, which is an excess position.  

4.  On 23 August 2001, HRC-St. Louis  addressed a memorandum, Subject: Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty, to the ARNG Personnel Center, Arlington, Virginia.  This memorandum indicated the applicant was selected for promotion to CPT by a RCSB that had adjourned on 26 March 2001, and that she was eligible for promotion on either of the following dates:  13 November 2001; date Federal Recognition is extended in higher grade; or date following the date Federal Recognition is terminated in current Reserve grade.  

5.  On 1 May 2002, HRC-St. Louis published a memorandum promoting the applicant to CPT, effective and with a date of rank of 11 April 2002.  On 8 April 2008, the applicant was promoted to Major (MAJ), which is the grade in which she is currently serving.  

6.  In connection with the processing of this case, an advisory opinion was obtained from the HRC-St. Louis, Chief Special Actions Branch, Department of the Army (DA) Promotions.  This official indicates the applicant was selected for promotion to CPT by the 2001 CPT AMEDD RCSB, and her promotion eligibility date (PED) based on her first lieutenant (1LT) DOR of 14 November 1996, was 13 November 2001.  He indicates HRC-St. Louis records indicated at the time that the applicant was a member of the ARNG and on 23 August 2001, a memorandum was sent to ARNG Personnel Center notifying them of the applicant's selection for promotion.  


7.  The HRC-St. Louis, Chief Special Actions Branch further indicates the applicant was assigned to a USAR TPU and on 1 May 2002, a promotion memorandum was issued promoting her to CPT on 11 April 2002.  He claims the reason for the CPT DOR was the result of the applicant being carried in an excess position by the unit.  The database was updated on 3 May 2002, to show the applicant met the qualifications for promotion and she was promoted effective 11 April 2002 accordingly.  This official recommends denial of the applicant's request.  

8.  On 21 November 2008, the applicant responded to the HRC-St. Louis advisory opinion.  She stated, in effect, that she was assigned to a valid CPT position when she transferred from the ARNG to a USAR TPU, and that even though unit personnel can move people around on the UMR on a daily basis, this is evidence that she was properly slotted at the time of her transfer and should have been promoted on time.  She states the delay in her promotion was clearly the result of a material error in her HRC-St. Louis record which resulted in her missing the opportunity to be considered from promotion to MAJ by the 2007 AMEDD RCSB, if the CPT DOR correction is made, it should also result in a change to her MAJ promotion date to 11 April 2007.  

9.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR).  Section III provides guidance on dates of promotion and states, in pertinent part, that the effective date and date of promotion of unit officers will be no earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer is assigned to a position authorized the higher grade, whichever is later. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she should have been promoted to CPT on 
25 July 2001, was carefully considered.  However, there is insufficient evidence to support this claim

2.  By regulation, unit officers will not be promoted until they are assigned to a position authorized the higher grade.  In this case, the evidence of record confirms the applicant was not in an authorized CPT position until 2 May 2002, which is the date her promotion was authorized by HRC-St. Louis. 


3.  The December 2000 UMR for the applicant's TPU shows that there was no authorized CPT position at the paragraph and line number indicated in the applicant's assignment orders, and her DA Form 2-1 confirms she was slotted in an excess 9990 position as of 24 July 2001.  Therefore, absent any documentary evidence confirming that she was actually assigned to a higher position prior to the date she was promoted, there is an insufficient evidentiary basis to support granting the requested relief. 

4.  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 any new evidence or argument that would satisfy this requirement.  

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)                                         AR20080013315



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080013315


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1