IN THE CASE OF:
BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20080019869
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, correction of his military records to change his date of rank (DOR) for lieutenant colonel.
2. The applicant states that his DOR for lieutenant colonel should be changed based on his assignment to a lieutenant colonel position.
3. The applicant provides, in support of his application, copies of his letter of acceptance and Oaths of Office in the Michigan Army National Guard; electronic communications regarding his medical qualification; a letter from his personal physician; his Officer Evaluation Report ending on 9 May 2006; orders revoking his retirement orders; permanent physical profiles dated 26 October 2006 and
24 May 2007; ARPC Form 155 (Promotion Qualification Statement); and his promotion orders.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving as a lieutenant colonel with the 46th Military Police Command, Michigan Army National Guard.
2. A DA Form 3349 (Physical Profile), dated 27 October 2006, shows that the applicant had a permanent physical profile of 121211. There is no indication that the applicant's physical profile required a change in his specialty or duty assignment.
3. Orders B-06-704123, United States Army Human Resources Command, St. Louis, Missouri, dated 6 June 2007, promoted the applicant to the rank of lieutenant colonel with a DOR and effective date of 24 May 2007.
4. The applicant provided a copy of an ARPC Form 155 showing that he was assigned to a lieutenant colonel position on 29 May 2007.
5. In the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Department of the Army (DA) Promotions, United States Army Human Resources Command, St. Louis, Missouri. The opinion stated that the applicant was selected for promotion by the 2006 DA Reserve Components Lieutenant Colonel Judge Advocate General Selection Board which was approved on 13 September 2006. In accordance with Army Regulation 135-155, paragraph 4-21, a unit officer selected for promotion will have a promotion date and effective date no earlier than the date the board is approved, provided he is assigned to a position in the higher grade. If the board approval is before assignment to the higher graded position, the effective date and date of promotion will be the assignment date. Documentation received at the time verified the applicant had been assigned to the higher graded position on 24 May 2007. Based on the regulation and the date of assignment, his DOR was correct.
6. The advisory opinion further provided that the ARPC Form 155 is the required source document for verification of position assignment. That form, as received from the applicant, failed to show his date of position assignment, even though it was signed by the commander. The applicant's DOR could be changed if he were to provide an ARPC Form 155 showing he was assigned to a higher graded position on an earlier date.
7. In response to the advisory opinion, the applicant provided another ARPC Form 155 and statement from his former commander. This documentation shows that the applicant signed the ARPC Form 155 on 12 October 2006; that he was assigned to a lieutenant colonel position on 20 October 2006; and that the commander signed the form on 20 October 2006. The accompanying statement, dated 3 June 2009, from the commander says, in effect, that he reviewed archived emails dated 13 and 20 October 2006 and based on his habits and practices, affixed his signature to the form to accurately reflect the date the applicant was assigned to the lieutenant colonel position.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DOR should be changed based on the date of his assignment to a lieutenant colonel position.
2. The available evidence shows that the applicant was selected for and promoted to lieutenant colonel with a date of rank and effective date of 24 May 2007.
3. The available ARPC Form 155 shows that the applicant was assigned to a lieutenant colonel position effective 20 October 2006. Therefore, his DOR and effective date should be adjusted accordingly.
BOARD VOTE:
____X____ ____X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Orders B-06-704123, United States Army Human Resources Command, St. Louis, Missouri, dated 6 June 2007, to show his date of rank and effective date for promotion to lieutenant colonel as 20 October 2006.
_______ _ _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) AR20080019869
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080019869
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080008556
The applicant requests that his promotion orders (Orders B-01-800898, dated 31 January 2008) be amended to show his date of rank (DOR) to lieutenant colonel (LTC) as 21 December 2007 or the earliest possible date following the release of board results. The commanding officer stated the applicant was assigned to an LTC position as of 15 August 2007 and his promotion effective date should be 21 December 2007 (the approval date of the board). As a result, the Board recommends that all...
ARMY | BCMR | CY2006 | 20060003420C070205
The opinion stated that if the applicant is selected for promotion by an advisory board, he may be eligible for a DOR to MAJ earlier than 13 May 1998, the date he received based on selection by the 1997 DA Reserve Components Selection Board. If the applicant is selected for promotion to MAJ, his records should be further corrected by promoting him to MAJ and assigning the appropriate DOR and by submitting his records to a duly constituted Special Selection Board for reconsideration for...
ARMY | BCMR | CY2007 | 20070007135
Powers Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect: a. correction of her date of rank (DOR) for appointment as a Major (MAJ/O-4), Army Chaplain Corps (CH), to account for her prior US Army Reserve (USAR) promotion to MAJ on 2 October 1997; and b. correction of her DOR to Lieutenant Colonel (LTC/O-5) to 2 October 2004. The applicant provides the following additional documentary evidence in...
ARMY | BCMR | CY2005 | 20050017418C070206
The applicant states, in effect, that on 18 August 2004 the Army Board for Correction of Military Records (ABCMR) concluded that his promotion eligibility date (PED) for MAJ was 2 November 2003. The applicant further states, in effect, that he subsequently received promotion orders to the grade of rank of MAJ, with an effective date and DOR of 27 December 2004. The USA HRC advisory official states that the applicant was issued a select memorandum, dated 1 November 2005, indicating a...
ARMY | BCMR | CY2008 | 20080003989
The applicant requests correction of his military records to show his date of rank for captain, pay grade O-3, as 23 January 2007. The applicant states, in effect, that during his deployment to Iraq he was recommended for promotion to captain through a position vacancy board on 28 March 2006, but before he could be transferred into the recommended position and promoted, the position was converted to an Active Guard Reserve (AGR) position. Notwithstanding the advisory opinion received in...
ARMY | BCMR | CY2006 | 20060016452
This record shows, in pertinent part, that the applicantÂ’s RY beginning date is 12 May, her RYE date is 11 May, and that she has 10 years of creditable service for retirement. In support of her application, the applicant provides a copy of Headquarters, Second Region (ROTC) U.S. Army Cadet Command, Orders 104-1-A-267, dated 14 April 1995 and DD Form 214, with an effective date of 1 February 2000, that show, in pertinent part, she entered active duty on 12 May 1995, her primary specialty was...
ARMY | BCMR | CY2010 | 20100009155
The applicant requests an adjustment of his date of rank (DOR) to colonel (O-6) from 13 May 2008 to 9 December 2006 or 30 April 2007. The applicant states: * He was considered for promotion to pay grade O-6 by the 2006 U.S. Army Reserve (USAR) Colonel Promotion Board which convened on 11 July 2006 * A letter from the Human Resources Command (HRC), dated 24 October 2006, shows he was not selected by the board * His 2006 promotion file contained a substantive inaccuracy with one of his...
ARMY | BCMR | CY2008 | 20080008554
Application for correction of military records (with supporting documents provided, if any). The applicantÂ’s military service records show he was appointed as a Reserve commissioned officer of the Army, in the rank of Second Lieutenant (2LT)/pay grade O-1, on 16 December 1988. The evidence of record also shows that the applicant was promoted to the rank of LTC, effective and with a DOR of 8 January 2008.
ARMY | BCMR | CY2008 | 20080014902
c. Chapter 3 (Board Schedules and Procedures), Section III (Promotion Reconsideration Boards), paragraph 3-22 (Correction of military records as a result of a special selection board action), provides, if the report of a special selection board, approved by the President, recommends for promotion to the next higher grade an officer not currently eligible for promotion, or a former officer whose name was referred to it, the Secretary of the Army may act through the Army Board for Correction...
ARMY | BCMR | CY2006 | 20060012131C070205
The applicant requests, in effect, an adjustment of his date of rank for major from 6 May 2001 to 6 May 2000 and promotion consideration to lieutenant colonel by a special selection board (SSB). Army Regulation 135-155, paragraph 418, the Chief, Office of Promotions, Reserve Components, HRC, St. Louis, is authorized to adjust the promotion effective date and date of rank for an officer whose promotion has been delayed. Paragraph (b) states, in effect, that a Reserve components officer who...