IN THE CASE OF:
BOARD DATE: 18 February 2009
DOCKET NUMBER: AR20080014803
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 that her promotion date be corrected to 29 April 2008.
2. The applicant states, in effect, that her promotion to captain (CPT) was delayed due to a delay in the removal of a FLAG (DA Form 268 - Report to Suspend Favorable Action).
3. The applicant provides copies of four pages of e-mails, a DA Form 268, and a DA Form 3881 (Rights Warning Procedure/Waiver Certificate).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 24 November 1994 and served on active duty for training for 1 year, 5 months, and 21 days. She was honorably discharged on 28 November 2000.
2. On 29 June 2005 she was appointed a first lieutenant in the USAR Army Nurse Corps.
3. She was called to active duty in support of Operation Iraqi Freedom for the period from 23 June 2007 through 26 July 2008.
4. The applicant was considered and selected for promotion to captain by the 2008 DA Reserve Components Captain AMEDD (Army Medical Department) Selection Board. The Board was approved on 8 April 2008 and released on 29 April 2008.
5. Although no longer in her iPERMS (interactive Personnel Electronic Records Management System) file, the applicant provided a copy of the DA Form 268. This form indicates that a FLAG was removed effective 25 June 2008. The reason for the removal was based on disciplinary action being taken.
6. On 25 June 2008 she received a Letter of Reprimand for not being in her quarters after 2300 hours on 14 June 2008 and consuming alcoholic beverages, in violation of a General Order.
7. U.S. Army Human Resources Command, St. Louis, Missouri Orders
B-07-804783, dated 18 July 2008, promoted the applicant to captain with a DOR and effective date of 17 July 2008.
8. In the development of this case, on 26 November 2008, an advisory opinion was obtained from the Chief, Special Actions Branch, DA Promotions, U.S. Army Human Resources Command, St. Louis. It states that the applicant was mobilized at the time the CPT Selection Board results were released. A FLAG was issued against the applicant on 17 June 2008 and removed on 17 July 2008. She was issued promotion orders on 18 July 2008 with the removal of the FLAG and a Promotion Qualification Statement verifying that she was in a valid higher position on 29 April 2008, the release date of the selection board. Since she was assigned to the valid higher position prior to the issuance of the FLAG she is eligible for a DOR of 29 April 2008. It was recommended that the applicant's request be approved.
9. A copy of the advisory opinion was forwarded to the applicant on 29 December 2008 for information and possible comments. On 5 January 2008 (sic should be 2009) the applicant concurred with the findings and recommendation.
10. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) prescribes the policies and procedures that govern the management of Reserve component officers. It provides that in order to be eligible for promotion an officer, selected for the first time for promotion to the next higher grade, may be promoted on or before the date that he/she completes the maximum service, provided the officer is serving in a position requiring the higher grade or assigned to the Individual Ready Reserve.
DISCUSSION AND CONCLUSIONS:
1. The applicant states, in effect, that her promotion to CPT was delayed due to a delay in the removal of a FLAG.
2. The applicant met all requirements for promotion prior to the initiation of the FLAG and as such should have been promoted with a date of rank and effective date of 29 April 2008, the date the board was approved and released.
3. Therefore, it is appropriate to correct the applicant's records to show that she was promoted with a date of rank and effective date of 29 April 2008.
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 Department of the Army records of the individual concerned be corrected by showing the individual concerned was promoted to captain with date of rank and effective date of 29 April 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) AR20080014803
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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