IN THE CASE OF:
BOARD DATE: 5 February 2009
DOCKET NUMBER: AR20080017603
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, that the effective date of her promotion to captain (CPT) be changed to 22 January 2002.
2. The applicant states, in effect, that she was selected for a unit vacancy promotion in 2001, but was never notified of the selection until 3 years later, at which time she had transferred to another unit.
3. The applicant provides a promotion request memorandum and the Army Human Resources Command, St. Louis, Missouri (HRC-St. Louis), denial in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows she served in an enlisted status in the Army National Guard (ARNG) from 23 August 1994 through 16 May 1996. She was appointed a second lieutenant (2LT) in the United States Army Reserve (USAR) on 17 May 1996, and has remained serving in a commissioned officer status in the USAR since that date.
2. The applicant's record shows she was promoted to first lieutenant (1LT) on 31 May 1998.
3. On 6 February 2001, the applicant was reassigned from her USAR troop program unit (TPU) to the Individual Ready Reserve (IRR) in the rank of 1LT.
4. On 11 March 2004, the applicant was promoted to CPT.
5. On 17 July 2008, the applicant submitted a request to HRC-St. Louis asking that the effective date of her promotion to CPT be backdated based on her unit vacancy selection in 2001.
6. On 21 August 2008, the Chief, Promotions, HRC-St. Louis, informed the applicant that although she had been selected for a unit vacancy promotion by the 2001 position vacancy board, since she had transferred to the IRR prior to the release of the selection list, she was removed from the list and was not eligible for promotion at the time.
7. Army Regulation 135-155 (Promotion of Commissioned Officer and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers of the USAR.
8. Paragraph 4-9 of the Reserve officer promotion regulation contains guidance on officers selected for promotion. It states, in pertinent part, that a TPU officer who is considered and selected by a position vacancy selection board will not be promoted if he or she transferred from the assignment or attachment before the promotion is accomplished. Officers selected for a position vacancy but who are not promoted will be deleted from the recommended list.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the effective date of her promotion to CPT should be backdated based on the fact she was selected for a unit vacancy promotion in 2001 was carefully considered.
2. By regulation, a TPU officer who is considered and selected by a position vacancy selection board will not be promoted if he or she transferred from the assignment or attachment before the promotion is accomplished, and will be removed from the from the recommended list.
3. The evidence of record confirms that the applicant had transferred from her TPU to the IRR prior to the release of the 2001 position vacancy selection board list. Therefore, she was not promoted based on this position vacancy selection and was appropriately deleted from the promotion list in accordance with the governing regulation. As a result, it would not be appropriate to grant the requested relief in this case.
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 or that would support amendment of the original Board decision in this case.
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) AR20080017603
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