IN THE CASE OF:	

		BOARD DATE:	
		DOCKET NUMBER:  AR20080014165 


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, change of the effective date and date of rank for her promotion to lieutenant colonel from 10 June 2008 to 17 March 2008.

2.  The applicant states, in effect, that her erroneous promotion effective date has resulted in a loss of pay entitlements since she was activated on 19 May 2008 for a period of 19 days.  She also states, in effect, that when her activation orders showed her rank as major rather than lieutenant colonel, she realized that her promotion had not been properly processed and immediately began to seek a resolution.  The applicant contends that someone at the U.S. Army Human Resources Command informed her that the effective date of her promotion would be retroactive to 17 March 2008.  However, when the promotion orders were issued on 11 June 2008, the effective date of promotion was 10 June 2008.

3.  The applicant provides copies of two DA Forms 4651 (Request for Reserve Component Assignment or Attachment) in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that she was appointed in the United States Army Reserve (USAR) as a second lieutenant (2LT)/pay grade O-1, effective 14 May 1989.  Upon completion of her initial entry training the applicant was awarded specialty 91D (Ordnance Munition Materiel Management).  At a later date, she attended training and was awarded her current specialty of 38A (Civil Affairs).  During her career, the applicant has progressed through the commissioned officer ranks and currently holds the rank of lieutenant colonel/pay grade O-5.  The applicant is currently assigned to the U.S. Army Element of Headquarters, U.S. Pacific Command.

2.  U.S. Army Human Resources Command, St. Louis, Missouri, Orders
C-10-424764, dated 27 October 2004, assigned the applicant to serve as Contingency Plans Officer in the U.S. Army Element of Headquarters, U.S. Pacific Command effective 22 October 2004.  In this capacity, she occupied the position, paragraph 544, line 02A, which was coded as a major's billet on the unit's manning document.

3.  The applicant was considered and selected for promotion to lieutenant colonel by the 2008 Reserve Components Selection Board.

4.  The applicant provides a DA Form 4651, initiated in March 2008, showing that she requested to be transferred from her current position to a Plans Officer position within the same unit for the purpose of being promoted to lieutenant colonel effective 17 March 2008.  In this capacity, she would occupy the position, paragraph 530, line 19, which was coded as a lieutenant colonel's billet on the unit's manning document.  The applicant signed this form on 31 March 2008.  Item 5j (Typed Name, Grade, Title and Signature of Gaining Unit Commander) of this form is blank.  Item 6d (Typed Name, Grade, Title and Signature of Losing Unit Commander) of this form is also blank.  

5.  The applicant also provides a copy of the aforementioned DA Form 4651, which was endorsed by the unit's Reserve Coordinator on 1 April 2008.  This form contains conflicting handwritten entries.  Item 5 (Request Assignment / Attachment / Transfer to:) of the form was modified to indicate the applicant should be transferred to the position, paragraph 544, line 02A [which has already been established as her then current position and a major's billet on the unit's manning document].  Item 8 (Remarks) of this form was modified to indicate the applicant should be transferred to serve as a Plans Officer in the position, paragraph 531, line 01, which was coded as a lieutenant colonel's billet on the unit's manning document.

6.  U.S. Army Human Resources Command, St. Louis, Orders C-06-811175, dated 10 June 2008, released the applicant from duty as Contingency Plans Officer in the position, paragraph 544, line 02A and assigned her for duty as Plans Officer in the position, paragraph 530, line 01, which was coded as a lieutenant colonel's billet on the unit's manning document, effective 10 June 2008.

7.  U.S. Army Human Resources Command, St. Louis, Orders B-06-803807, dated 11 June 2008, promoted the applicant to the rank of lieutenant colonel with an effective date and date of rank of 10 June 2008.

8.  In an advisory opinion, dated 21 November 2008, obtained from the Chief, Special Actions, DA Promotions Branch, U.S. Army Human Resources Command, St. Louis, recommended disapproval of the applicant's request.  The advisory official stated that the applicant's date of rank was based on the verified date of assignment to a higher graded position.  He noted that the applicant's copy of the DA Form 4651, dated 10 March 2008 was incomplete.  The official also noted that Item 5 of the DA Form 4651 that was signed on 1 April 2008, indicates the applicant was assigned to a major's position.  The official further stated that if the applicant provides completed and correct documentation to verify she was assigned to a higher graded position prior to 10 June 2008, her request for an earlier date of rank would be reevaluated.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on
18 December 2008, but she did not to respond.

9.  Army Regulation 135-155 (Army National Guard and U.S. Army Reserve - Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve officers.  Paragraph 4-21d of the regulation specifies that unit officers selected by a mandatory board will have a promotion date and effective date no earlier than the date the board is approved or the date of Senate confirmation (if required), provided they are assigned to a position in the higher grade.  When the board approval or, if required, Senate confirmation is before assignment to the position in the higher grade, the effective date and the date of promotion will be the date of assignment to the higher graded position.  If the officer voluntarily delays promotion and is later assigned to a higher graded position during the period of delay, the effective date and date of promotion become the date of assignment to the higher graded position.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the effective date and date of rank for her promotion to lieutenant colonel should be changed from 10 June 2008 to 17 March 2008 was carefully considered and determined to lack merit.

2.  The available evidence shows the applicant was not assigned to a lieutenant colonel's position until 10 June 2008.  Therefore, she was also not eligible for promotion to lieutenant colonel prior to 10 June 2008.  Her date of rank and promotion effective date for lieutenant colonel are proper and she has not shown otherwise.
3.  The applicant was promoted to lieutenant colonel in accordance with applicable regulation.  The evidence does not show, and the applicant has not satisfactorily shown, that she was unjustly denied an earlier date of rank for lieutenant colonel.

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)                                         AR20080014165



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ABCMR Record of Proceedings (cont)                                         AR20080014165



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