IN THE CASE OF:
BOARD DATE: 25 AUGUST 2009
DOCKET NUMBER: AR20080014833
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 his date of rank (DOR) for promotion to the rank of major (MAJ) be changed from 30 May 2008 to 12 March 2007.
2. The applicant states that he was promoted to the rank of first lieutenant (1LT) with a DOR of 30 September 1996 and was then promoted to the rank of captain (CPT) with a DOR of 8 October 2001. However, the Board corrected his DOR on 18 September 2007 to 20 March 2001. Unfortunately, the correction was completed after the 2007 Major Reserve Component Promotion Board convened and he was not seen by that board due to his DOR. He goes on to state that he was selected by the 2008 Major Selection Board with a DOR of 30 May 2008 and believes that he should have been promoted on 12 March 2007.
3. The applicant provides a copy of his promotion orders to MAJ on 30 May 2008, a copy of his orders promoting him to the rank of CPT on 8 October 2001 and a copy of the Board Record of Proceedings dated 18 September 2007.
CONSIDERATION OF EVIDENCE:
1. On 18 September 2007, the Board directed that the applicant's DOR for promotion to the rank of CPT be changed from 8 October 2001 to 20 March 2001.
2. In the processing of this case a staff advisory opinion was obtained from the Human Resources Command - St. Louis (HRC-STL) Special Actions Branch, Department of the Army Promotions which recommends denial of the applicant's request. Officials at the HRC-STL opine that the applicant was promoted to the rank of major based on his selection by the 2008 Major Reserve Component Selection Board and his DOR was based on the date of approval of that board, which was the earliest date allowed. Inasmuch as the Board directed a change to his DOR for promotion to the rank of CPT, the applicant's records were placed before a special selection board (SSB) for consideration under the 2007 criteria and that board's results have not been released as of the date of the opinion. Officials at the HRC-STL indicate that if he is selected an adjustment will be made to his DOR; however, until the results are released no such change can be made by that office. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
3. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other Than General Officers) prescribes the policies and procedures for promotion of Reserve officers. The regulation provides that mandatory selection boards will be convened each year to consider Army Reserve officers in an active status for promotion to CPT through lieutenant colonel.
4. Paragraph 4-21 of Army Regulation 135-155 covers the effective dates of promotion. It states, in pertinent part, that unit officers selected by a mandatory board will have a promotion date and effective date no earlier that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his date of rank for promotion to the rank of MAJ should be adjusted from 30 May 2008 to 12 March 2007 because of the previous adjustment directed by the Board and because he was not considered by the 2007 promotion selection board has been noted and found to lack merit at this time.
2. The applicant's records were placed before a SSB based on the correction directed by the Board and until such time as the results of that board are approved, it would be premature to assume that he would have been selected by the 2007 selection board.
3. In the event he is selected, changes to his DOR can be made by officials at the HRC-STL without further Board action.
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 evidence 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.
_______ _ __XXX_____ ___
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) AR20080014833
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ABCMR Record of Proceedings (cont) AR20080014833
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