IN THE CASE OF:
BOARD DATE: 19 February 2009
DOCKET NUMBER: AR20080013773
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 his captain (CPT) date of rank be adjusted to 1 March 2002.
2. The applicant states, in effect, that there was a material error in his record when he was not selected for promotion to CPT by a Reserve Component Selection Board (RCSB) that adjourned on 27 November 2001. Based on this error, his record was placed before a Special Selection Board (SSB) for reconsideration for promotion to CPT. The SSB selected him for promotion under the criteria of the 2001 RCSB and authorized a promotion effective date of
1 March 2002, and as a result his record should be corrected accordingly.
3. The applicant provides the 10 supporting documents listed on the index attached to his application in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that on 1 November 1999, he was appointed a Reserve commissioned officer in the Tennessee Army National Guard (TNARNG), in the rank of first lieutenant (1LT).
2. On 26 March 2002, a U.S. Total Army Personnel Command (TAPC) memorandum notified the applicant that he was considered but not selected for promotion to CPT by a Department of the Army (DA) mandatory RCSB which was conducted on 12 November 2001. His lack of the required civilian or military education was cited as the reason for his non-selection.
3. On 22 September 2003, a TAPC memorandum notified the applicant that he was selected for promotion to CPT by an SSB that adjourned on 2 April 2003, and authorized a promotion effective date and date of rank of 1 March 2002.
4. On 8 December 2003, Headquarters, TNARNG Orders 342-196, authorized the applicant's promotion to CPT, effective 2 January 2004.
5. On 2 January 2004, a National Guard Bureau (NGB) memorandum notified the applicant that he was promoted in the Reserve of the Army for service in the ARNG of the United States to the rank of CPT with an effective date and DOR of 2 January 2004.
6. During the processing of this case an advisory opinion was obtained from the NGB's Chief, Personnel Division on 28 August 2008. This official confirmed that there was a material error in the applicant's record when he was not selected for promotion by the RCSB in 2001, and that this was remedied by his placement before and selection for promotion to CPT by an SSB in April 2003, which authorized the applicant's promotion with an effective date and date of rank of
1 March 2002. This official further confirms the applicant has served in CPT positions continuously since December 2001, and therefore it would be appropriate to grant the requested relief. On 10 September 2008, the advisory opinion was provided to the applicant for his information and possible comments. On 17 September 2008, the applicant concurred with this advisory opinion.
7. Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve Components officers. Section III provides guidance on dates of promotion and states, in pertinent part, that if an officer is selected by a promotion advisory board/special selection board, the officer's date of rank and effective date for pay and allowances would be the same as if the officer had been recommended for promotion to the grade by the mandatory board that should have considered, or that did consider, the officer. Therefore, the officer may have a maximum TIG date that is before the approval date of the promotion advisory board/special selection board that recommended the officer for promotion.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his CPT date of rank should be adjusted to
1 March 2002 was carefully considered and found to have merit. By regulation, if an officer is selected for promotion by an SSB, the officer's effective date and date of rank date for pay and allowances would be the same as if the officer had been recommended for promotion to the grade by the mandatory board that should have considered, or that did consider, the officer.
2. The evidence of record confirms that there was a material error in the applicant's record when he was originally not selected for promotion to CPT and as a result his record was placed before an SSB for promotion reconsideration. It further shows that he was selected for promotion by an SSB that was conducted in April 2003; however, he was selected under the criteria used by the 2001 RCSB. As a result, the SSB authorized his promotion to CPT with an effective date and date of rank of 1 March 2002, which, since the advisory opinion noted that he was in a CPT position at the time, is the promotion date he would have received had he been selected by the 2001 RCSB. Further, the applicant should be provided all back pay and allowances due as a result of this change.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all State Army National Guard Records sand Department of the Army records of the individual concerned be corrected by showing he was promoted to captain with an effective date and date of rank of 1 March 2002 and by providing him all back pay and allowances due as a result of this correction.
________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) AR20080013773
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