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ARMY | BCMR | CY2008 | 20080015073
Original file (20080015073.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  30 December 2008

		DOCKET NUMBER:  AR20080015073


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, adjustment to his promotion effective date and date of rank for first lieutenant from 3 October 2007 to 3 April 2007. 

2.  The applicant states, in effect, that his promotion effective date and date of rank for first lieutenant should be adjusted based on the new policy for promotion to first lieutenant allowing a minimum time in grade of 18 months.  He also states that he has been a commissioned officer since 4 October 2005 in an active status for all except two months.  He tried to get on the active duty list (ADL) promotion list while he was deployed to Iraq but was unsuccessful.  He was told that the Reserve was going to parity the promotion time in grade of active duty in 2006.  Due to his date of promotion, he will always have to wait an extra year to be eligible for promotion to the next grade.  The cutoff to be eligible for promotion is the 31st of August of each year.  He concludes by stating that his promotion date is 33 days after the cutoff and the board is not until November.  If it is possible to be eligible for promotion to captain in 2009 instead of 2011, it would be better.

3.  In support of his application, the applicant provides an addendum to his DD Form 149 (Application for Correction of Military Record), a copy of his orders to active duty, his temporary change of station orders, his DD Form 214 (Certificate of Release or Discharge from Active Duty), his Transaction Detail page from the Soldier Management System database, his Chronological Statement of Retirement Points, and excerpts of Army Regulation 600-8-29, pages i, 28, 51 and 52. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the United States Army Reserve (USAR), as a second lieutenant, effective 4 October 2005.  

2.  The applicant was ordered to active duty under the provision of Title 10, United States Code, section 12302 for deployment in support of Operation Iraqi Freedom as a member of the Reserve for a period of 545 days and entered active duty effective 2 July 2006.

3.  Based on the required 2 years minimum time in grade, the applicant's USAR promotion eligibility date for first lieutenant was 3 October 2007.

4.  The applicant was honorably released from active duty, as a second lieutenant, effective 23 September 2007 and transferred to a Reserve unit.

5.  The Soldier Management System database, Army Human Resources Command (AHRC), St. Louis, Missouri, shows the applicant was promoted to first lieutenant effective 3 October 2007.  The database also shows in the transaction detail section that the applicant contacted the AHRC on 27 October 2006 and inquired about his promotion to first lieutenant in 18 months due to his status of being mobilized on active duty.

6.  On 19 August 2008, the Assistant Secretary of the Army (Manpower and Reserve Affairs) established promotion policy for the reduction in the time in grade requirement for promotion of Reserve component officers to first lieutenant.  The policy provided an exception to Army Regulation 135-155.  The policy memorandum established authorization for the promotion of Reserve Component second lieutenants on the Reserve Active Status List (RASL) with a minimum of 18 months time in grade and completion of the Basic Officer Leadership Course, if otherwise qualified.  The policy became effective upon signature of the memorandum.

7.  In the processing of this case, an advisory opinion was requested of the Director, Army Reserve Active Duty Management Directorate, Army Human Resources Command, St. Louis, Missouri.

8.  In an advisory opinion, dated 24 October 2008, the Director, Army Reserve Active Duty Management Directorate, Army Human Resources Command, stated that the effective date of the policy was 19 August 2008.  The applicant's date of rank to first lieutenant was 3 October 2007; therefore, he did not meet the eligibility requirements to have his date of rank backdated.

9.  The advisory opinion was forwarded to the applicant for his acknowledgement and/or rebuttal on 21 November 2008.  The applicant did not respond.

10.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve officers on the RASL.  This regulation specifies that an officer in the grade of second lieutenant will be considered for promotion with review by an administrative promotion board.  Promotion to first lieutenant requires completion of 2 years time in grade and completion of a branch officer basic course.  The officer's records will be screened to determine eligibility for promotion to first lieutenant far enough in advance to permit promotion on the date promotion service is completed.  The promotion authorities will ensure all requirements are met before announcing a promotion.  Paragraph 4-8 of this regulation specifies that the promotion will not be earlier than the date the officer is determined qualified for promotion.  

11.  Army Regulation 600-8-29 prescribes the policies and procedures for promotion of active duty officers.  This regulation applies to the Active Army, the Army National Guard of the United States, and United States Army Reserve commissioned and warrant officers on an active duty list.  Reserve officers who are eligible for promotion under this regulation are delineated on age 52.  This regulation further states that to be considered for promotion an officer must be on the ADL on the date the board convenes.  An officer must complete 18 months of active duty service as a second lieutenant to be promoted to first lieutenant.  There are no provisions for consideration and promotion of officers on the RASL.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed in the USAR as a second lieutenant effective 4 October 2005.  Based on the required completion of 2 years time in grade, his promotion eligibility date for first lieutenant was 3 October 2007.

2.  The applicant was mobilized as a Reserve components officer on 2 July 2006.  He was mobilized under the provision of Title 10, United States Code, section 12302 for 545 days.  The applicant was released from active duty on 23 September 2007 and reverted back to the Reserve in the rank of second lieutenant.  He was promoted to first lieutenant in the Reserve with an effective date of 3 October 2007, his promotion eligibility date.

3.  The applicant now contends that he should have been promoted to first lieutenant earlier in accordance with the new promotion policy.

4.  The evidence shows that on 19 August 2008, the Assistant Secretary of the Army (Manpower and Reserve Affairs) issued a policy memorandum establishing promotion policy for Reserve Component second lieutenants on the RASL to be promoted with a minimum of 18 months time in grade.  This policy became effective 19 August 2008; however, no provisions were established for the adjustment of promotions of those second lieutenants promoted prior to that date; therefore, the applicant is not entitled to an adjustment to his promotion to first lieutenant since he was promoted prior to the implementation of the 19 August 2008 policy memorandum.

5.  The applicant also contends, in effect, that he should have been promoted to first lieutenant earlier in accordance with Army Regulation 600-8-29.  However, when he entered active duty on 2 July 2006, he was not assigned to the ADL.  Only those Reserve officers who are included on page 52 of Army Regulation 600-8-29 and who are included on the ADL are promoted under the authority of this regulation.

6.  The applicant was managed for promotion under the Reserve system and Army Regulation 135-155 and was promoted to first lieutenant on his promotion eligibility date, 3 October 2007.  This date was the earliest he could have been promoted to first lieutenant according to regulation in effect at the time and he is therefore not entitled to an adjustment to his date of rank and effective date of promotion.

7.  In view of the circumstances in this case, the applicant is not entitled to adjustment to his promotion effective date and date of rank for first lieutenant.

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)                                         AR20080014589



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20080015073


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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