IN THE CASE OF:	  

		BOARD DATE:	       10 February 2009

		DOCKET NUMBER:  AR20080017619 


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 his date of rank (DOR) to lieutenant colonel be adjusted to 1 October 2008 or later; that his Year Group (YG) be changed from 1985 to 1993; and that the Fiscal Year (FY) 2008 Colonel Promotion Board non-selection letter be expunged from his military records.

2.  The applicant states, in effect, that his 26 January 2004 DOR and 1985 YG do not allow him to compete against officers with approximately 15 and 1/2 years of active component service (the active component time and grade as he has accrued).  He indicates that an adjustment to his DOR should coincide with the appropriate convening battalion command selection board as this sets the conditions for a "first look" (opposed to second or third chance) for selection to battalion command.  He states that a YG change to 1993 will be consistent with his 1993 BASD (Basic Active Service Date).  He wants to maximize his potential to compete for selection to battalion command and promotion to colonel and not become a two-time pass over and subsequently released from active duty.  He points out that the Army Deputy Chief of Staff G-2 and Assistant Deputy Chief of Staff G-2 support his petition.  

3.  The applicant states, in effect, that he returned to active duty on 5 January 2007 as a Regular Army officer under the "Call to Active Duty" program and that this program was created in order to fill critical shortages in the active component.  He states that this program implies that Soldiers who are accepted back into the active component will fully matriculate and be competitive with Soldiers with similar time in grade in order to have the same opportunities to compete for development positions required for promotion to the next rank.  
4.  The applicant states that Headquarters, Department of the Army G-1, Special Actions Branch informed him on 15 August 2008 that his current 1 June 2013 Mandatory Removal Date (MRD) should be changed to 1 June 2021 based on 
15 years, 5 months, and 9 day of active Federal commissioned service and his YG 1985 should be changed to YG 1993.  He points out that this office articulated his Reserve Component DOR is in accordance with Army Regulation 600-8-29; however, he states that this regulation does not afford Soldiers an opportunity to compete with their active duty peers substantiating the Army's continuum of service for Soldiers transitioning between the Reserve Component and the active component.  He indicates that Army Regulation 600-8-29 views Reserve Component Troop Program Unit (TPU) Soldiers as competitive as active component Soldiers.  

5.  The applicant also states that there is no impetus to change YG 1985 to YG 1993 unless his DOR is adjusted.  He points out that his 2021 MRD is based on his return to the active component as a Regular Army officer and his total active Federal commissioned service and that his active Federal commissioned service which currently depicts 23 years of service will be changed to reflect approximately 15 and 1/2 years of service.  Additionally, he states the Defense Finance and Accounting Service determined his BASD to be 13 May 1993, which is correctly depicted on his Officer Record Brief.  He contends that his 13 May 1993 BASD determines total active component time for retirement eligibility.

6.  The applicant further states that prior to accepting the "Call to Active Duty" he asked the Accessions Branch, U.S. Army Human Resources Command, Alexandria, Virginia if his DOR and YG would be changed in order to make him competitive with his active component peers.  He contends that he asked this question because he had been selected for Reserve Component Battalion Command in September 2006 and he did not want to give up battalion command unless he would be competitive for an active duty battalion command.  He claims the Accessions Branch indicated that his DOR and YG would be changed and he would be competitive with his active duty peers.  He contends that his 26 January 2004 DOR does not make him competitive for battalion command or promotion in the active component by allowing him to compete with active duty peers with the same time in grade.  Instead, he is competing against senior lieutenant colonels with approximately 4-5 years more active duty service/experience and for promotion consideration to colonel.  He states that battalion command is almost a necessary requirement to compete for this rank.  

7.  The applicant provides 22 enclosures outlined on page 5 of his statement, dated 31 October 2008.


CONSIDERATION OF EVIDENCE:

1.  A review of the applicant’s Official Military Personnel File on the Interactive Personnel Electronic Records Management System (iPERMS) did not reveal a copy of the FY 2008 Colonel Promotion Board non-selection letter in question.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

2.  Having prior enlisted service in the U.S. Army Reserve (USAR), the applicant was appointed a second lieutenant in the USAR on 17 May 1985.  On 
26 January 2004, he was promoted to lieutenant colonel in the USAR.  

3.  On 5 January 2007, while serving in a TPU (i.e., the Selected Reserve), the applicant was ordered to active duty.  He was appointed a lieutenant colonel in the Regular Army on 12 July 2007.     

4.  In support of his claim, the applicant provided a memorandum from the Army Deputy Chief of Staff, G-2, Washington, DC.  He strongly endorses the applicant's requests and states that his requests appear to be consistent with the intent of the "Call to Active Duty Program" through which he returned to active duty.  He indicates that the applicant is a superb leader who rates full administrative remedy in order to be fully competitive for active duty advancement.

5.  The applicant also provided a memorandum from the Army Assistant Deputy Chief of Staff, G-2, Washington, DC.  He fully supports the applicant's requests and notes that absent the adjustments the applicant asks for it appears that it would be difficult for the applicant to be competitive with other active component peers for both selection to battalion command and promotion to colonel.  He points out the applicant's performance while assigned there indicates that with several active duty evaluation reports in his file he should be competitive for both.    

6.  The FY 2007 Call to Active Duty Program for Lieutenant Colonels Message, dated October 2006, provides policy and implementation guidance for a Call to Active Duty available to lieutenant colonels in competitive category basic branches and functional areas.

7.  A Frequently Asked Questions document from the U.S. Army Human Resources Command contains general information pertaining to the Call to Active Duty Program.  The document states, in pertinent part, "Question:  What will be my year group?  Answer:  Your year group will stay the same when you return to active duty."

8.  The document also discusses date of rank:  “Question:  Will my date of rank (DOR) be adjusted?  Answer:  This is individual specific.  You may be eligible for a date of rank re-comp if you are in the IRR [Individual Ready Reserve].  If the officer came from the "selected reserves," you are not eligible for a DOR computation; therefore, your current DOR will be used."

9.  Paragraph 1-40b(2) of Army Regulation 600-8-29 (Officer Promotions) states that the active DOR of an officer receiving an original appointment as a Regular Army commissioned officer, other than as stated in chapter 2, is the date the appointment is accepted unless the officer was, at the time of appointment, a Reserve officer not on the active duty list, in which case the active DOR will be the one the officer would have had immediately before the appointment as a Regular Army officer had the officer been placed on the active duty list as a Reserve officer on that date. 

10.  Department of the Army Pamphlet 600-3 notes that officer strength management, professional development and evaluation of individual contributions occur in a series of centralized Department of the Army and Army Human Resources Command selection boards for retention, career status, schooling, promotion, field grade command designation, and selective early retirement.  These boards employ evaluation reports, competency guidance, and strength requirements to advance individuals to the next stage of professional development.  Officers generally flow through the centralized selection subsystem by groupings based on DOR.  Company and field grade officer groupings are termed cohort year groups.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was promoted to lieutenant colonel in the USAR on 26 January 2004 with a DOR of 26 January 2004.  

2.  Since the applicant was in the Selected Reserve when he was ordered to active duty on 5 January 2007, written guidance from the U.S. Army Human Resources Command states that he was not eligible for a change in his YG nor was he eligible for a DOR computation and that his current DOR would be used in the Call to Active Duty Program.    

3.  Since the applicant was a Selected Reserve Officer and not on the active  duty list at the time of his appointment in the Regular Army in 2007, and in accordance with the governing regulation, his DOR of 26 January 2004 is correct.    

4.  Based on the foregoing, there is no basis for granting the applicant's requests. 
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)                                         AR20080017619



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ABCMR Record of Proceedings (cont)                                         AR20080017619



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