IN THE CASE OF:	

		BOARD DATE:	13 August 2009    

		DOCKET NUMBER:  AR20080019636 


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 colonel be adjusted from 
30 January 2008 to 31 January 2006.

2.  The applicant states, in effect, that he was first eligible for promotion consideration to the rank of colonel in 2005 and that the Army Reserve promotion board considered his record and he was not selected for promotion.  The applicant states that he was deployed in Iraq until July 2005 and he forwarded documents to the board but the documents were not reviewed by the board.  He argues that the subsequent board which convened in July 2006 selected him for promotion although nothing had changed in his record since the previous board.  He concludes that he deferred his promotion at that time in order to take a battalion command.

3.  The applicant provides two letters from the Reserve Components Office of Promotions and a promotion order in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a commissioned officer in the U.S. Army Reserve (USAR) in the rank of second lieutenant on 11 June 1982.  He is currently serving in the USAR.

2.  The applicant was promoted to lieutenant colonel effective 1 February 2002.

3.  On 17 November 2005, the applicant was informed that he was considered but not selected for promotion to colonel by the 2005 Department of the Army (DA) Reserve Component Selection Board which convened on 12 July 2005.  

4.  On 24 October 2006, the applicant was informed that he had been selected for promotion to colonel by the DA Reserve Component Selection Board which convened on 11 July 2006.  The promotion eligibility date was established as 
31 January 2007.

5.  The applicant was promoted to colonel effective 30 January 2008.

6.  During the processing of this case, an advisory opinion was obtained from the Special Actions Branch, DA Promotions, U. S. Army Human Resources Command, St. Louis, Missouri.  The Chief, Special Actions Branch, recommended the applicant's request be disapproved.  That office noted, in part, the applicant was considered but not selected for promotion to colonel by the 2005 DA Reserve Component Selection Board with a promotion eligibility date of 31 January 2007, the date he attained the 5 years time in grade requirement.  The reasons for his non-selection are unknown because board deliberations are not a matter of record.  The Chief also noted that when the applicant's file was considered by the board, it included pertinent documents that were eligible for consideration in accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) which are officer evaluation reports, highest completed military/civilian education or the Silver Star award or higher and none of these documents were omitted from the applicant's file.  

7.  The advisory opinion further noted that the applicant was selected for promotion by the 2006 selection board and promoted with a date of rank of 
30 January 2008 which was the date of his assignment to a valid higher position.

8.  A copy of the advisory opinion was provided to the applicant for his acknowledgement and/or rebuttal on 13 February 2009.  The applicant did not respond to the advisory opinion.

9.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve officers.  Table 2-1 of the regulation states, in pertinent part, that the time in grade requirement for promotion from lieutenant colonel to colonel is five years, subject to the needs of the Army.

10.  Army Regulation 135-155, paragraph 4-21b further states, in pertinent part, that unit officers selected by a mandatory board will have a promotion date and effective date no earlier than the date the board is approved or the date of Senate confirmation (if required), provided they are assigned to a position in the higher grade.  When the board approval or, if required, Senate confirmation is before assignment to the position in the higher grade, the effective date and the date of promotion will be the date of assignment to the higher graded position.  If the officer voluntarily delays promotion and is later assigned to a higher graded position during the period of delay, the effective date and date of promotion become the date of assignment to the higher graded position.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his date of rank to colonel should be adjusted to 31 January 2006 has been carefully reviewed and appears to have no merit.  

2.  The applicant contends that he sent documents to the 2005 board which were not reviewed by that board; however, he did not specify what documents or provide the documents in question for review by the ABCMR.  Additionally, the advisory opinion confirmed that all pertinent documents eligible for consideration were reviewed by that board.

3.  The earliest date the applicant could have been promoted to colonel is 
31 January 2007, the day he attained the 5 year time in grade requirement.  He was selected for promotion to colonel by the 2006 selection board with a promotion eligibility date of 31 January 2007.  However, by the applicant's own admission, he deferred his promotion at that time in order to take a battalion command, a lieutenant colonel position.

4.  An officer who has been recommended for promotion to the next higher grade must meet all of the requirements before being promoted in the Reserve Component.  There is no evidence in the available records, nor did the applicant provide any documentation, verifying that he met all the requirements for promotion to colonel prior to 31 January 2006 or 31 January 2007.  Therefore, 
30 January 2008 appears to be the applicant's correct date of rank.

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)                                         AR20080019636



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ABCMR Record of Proceedings (cont)                                         AR20080019636



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