IN THE CASE OF:
BOARD DATE: 2 April 2009
DOCKET NUMBER: AR20080015398
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 effective date of promotion and date of rank to first lieutenant (1LT) be corrected to 10 September 2007.
2. The applicant states, in effect, that her promotion orders were delayed due to multiple transfers.
3. The applicant provides copies of 12 sets of orders and 9 pages of e-mail correspondence related to her military status and promotion.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 3 March 1998 and served in that status until 17 October 2003.
2. She served in an enlisted status in the Texas Army National Guard (TXARNG) from 3 November 2003 through her appointment as a commissioned officer.
3. On 7 September 2005, the applicant was appointed a second lieutenant (2LT) in the U.S. Army Reserve (USAR). She signed her Oath of Office on 10 September 2005, thereby establishing her date of rank as 10 September 2005 and her promotion eligibility date as 10 September 2007.
4. On 23 August 2006, the applicant was appointed as a 2LT in the TXARNG.
5. The applicant transferred from the TXARNG to the USAR at a point not documented in her records. She was subsequently transferred to the USAR Control Group (Reinforcement).
6. U.S. Army Human Resources Command, St. Louis, MO (USAHRC - St. Louis) Orders C-09-726804, dated 14 September 2007 released the applicant from the USAR Control Group (Reinforcement) and assigned her to U.S. Army Garrison, Aberdeen Proving Grounds, Maryland, effective 17 September 2007.
7. The applicant's unit was mobilized on 11 November 2008 in support of Operation Enduring Freedom and the applicant was assigned duty in Afghanistan.
8. USAHRC - St. Louis, Orders B-01-800601, dated 16 January 2008, promoted the applicant to 1LT, effective 27 November 2007, with a DOR of 27 November 2007.
9. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was ordered to active duty in support of Operation Iraqi Freedom and served on active duty from 5 November 2007 through 5 January 2009.
10. In the development of this case an advisory opinion was obtained from the Chief, Special Actions Branch, USAHRC - St. Louis. The official stated that Administrative Selection Boards are held four times a year for personnel being considered for promotion to 1LT. The official further stated, in effect, that based on the applicant's multiple moves from organization to organization, she was promoted on the earliest date she was shown to have been eligible and on an approved scroll by the Secretary of Defense. It was recommended that her request be denied.
11. A copy of the advisory opinion was forwarded to the applicant for information and to provide her an opportunity to submit any comments or rebuttal. The applicant did not provide a response.
12. A review of the 2007 Administrative Selection Boards shows that the earliest board for which the applicant was eligible to be considered for promotion adjourned on 3 September 2007. The results of this board were approved by the Secretary of Defense on 27 November 2007. The next Administrative Selection Board convened in December 2007.
13. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), in pertinent part, states that a USAR 2LT will not be promoted before the date of completion of 2 years of promotion service.
DISCUSSION AND CONCLUSIONS:
1. The applicant requested that her date of rank and effective date of rank be backdated to 10 September 2007.
2. A promotion eligibility date is the earliest date that a Soldier can be promoted if otherwise qualified, not the date a Soldier will automatically be promoted.
3. The administrative selection list that included the applicant was approved by the Secretary of Defense on 27 November 2007. Therefore, this is the earliest effective date and date of rank that can be afforded the applicant.
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.
_________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) AR20080015398
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ABCMR Record of Proceedings (cont) AR20080015398
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