IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080018047
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 to major be adjusted to
20 October 2005.
2. The applicant states, in effect, that if his commission had been reinstated immediately upon his reentry into the active reserves in June of 2002, he would have been promoted to major on or before 20 October 2005 due to his eventual adjusted date of rank to captain of 21 October 1998. As it was, it took from
June 2002 until November 2006 before the Army Reserve completed the special board that recommended the return of his commission, which unfairly delayed his promotion to major.
3. The applicant provides a letter from the Chief of Department of the Army Promotions denying date of rank adjustment; a letter from the Chief of Special Actions Branch, Office of Promotions Reserve Components regarding re-appointment to captain; two support memorandums; a Bronze Star Medal certificate; and an acceptance letter for enrollment into and a completion notification for Phase I of the Civil Affairs Officer Advanced Course.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army on
28 June 1971. On 27 June 1973, he was released from active duty and transferred to the Army Reserve Control Group (Annual Training).
2. The applicant enlisted in the Michigan Army National Guard in 1974 and attained the rank of staff sergeant/pay grade E-6 prior to being commissioned on
25 July 1983. He was transferred from the Michigan Army National Guard to the Individual Ready Reserve on 1 December 1988 in the rank of captain. At some point the applicant was transferred to the Retired Reserve. He was discharged from the Army Reserve on 3 January 2002.
3. The applicant's records show he enlisted in the Army Reserve on
14 June 2002 in the rank of staff sergeant/pay grade E-6 and was later promoted to sergeant first class/pay grade E-7. He accepted an appointment to warrant officer one on 23 June 2003 and later promoted to chief warrant officer two.
4. On 31 January 2007, the Office of Promotions Reserve Components issued a letter showing the applicant was re-appointed to the rank of captain effective
17 November 2006 with an adjusted date of rank to captain of 21 October 1998. The letter also stated that his promotion eligibility date to major was established as 20 October 2005. The letter further indicated that he should be identified to the 2008 Major, Army Promotion List, Department of the Army Reserve Component Selection Board.
5. The applicant was promoted to the rank of major with both an effective date and date of rank of 30 May 2008.
6. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 421, states in pertinent part, that except as provided elsewhere in this regulation, the effective date of promotion may not precede the date of the promotion memorandum. An officer is promoted after selection if all qualifications for promotion are met (chapter 2 and paragraph 4-11). When an officer does not meet the qualifications for promotion (paragraph 4-11), the effective date of promotion will not be earlier than the later date all qualifications are met. In no case, will the date of rank or effective date of promotion be earlier than the date the board is approved, or, if required, the date of Senate confirmation. The date of rank is the date the officer actually or constructively was appointed or promoted to a specific grade.
7. The Reserve Officer Personnel Management Act (ROPMA), is a public law enacted by Congress on 5 October 1994 and implemented on 1 October 1996. The ROPMA specifies that an officer's promotion cannot be effective prior to the approval of the promotion board by the President Of The United States or his designee.
DISCUSSION AND CONCLUSIONS:
1. The applicant does not contest the loss of commission and he has not shown error, injustice, or inequity for the relief he requests. While it is understandable that the applicant may feel that the reinstatement process should have been more expeditious, it was not.
2. When his commission was reinstated, he was given a date of rank to captain of 21 October 1998. As such, he would have been eligible for promotion to major on 20 October 2005. However, since his reinstatement was not until
17 November 2006, he was not eligible for promotion until 30 May 2008, the date the next major promotion board was approved. As such, the applicant's date of rank of 30 May 2008 is appropriate since that is the date the President's designee approved the promotion board which selected him.
3. It is noted that the applicant did not yet have a commissioned status on the date he is requesting to be used as his date of rank to major.
4. In view of the foregoing, there is no basis to grant the applicant's request.
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) AR20080018047
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ABCMR Record of Proceedings (cont) AR20080018047
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