IN THE CASE OF:
BOARD DATE: 31 March 2009
DOCKET NUMBER: AR20090002201
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 mandatory removal date (MRD) be corrected to a date which would allow him to be considered by the 2009 mandatory promotion board to colonel.
2. The applicant states that due to a change in the convening date of mandatory promotion boards to colonel, the 2007 mandatory promotion board to colonel was changed from July to November, and the next mandatory promotion board to colonel is now scheduled for 10 March 2009. His MRD is 31 May 2009 and the 2009 mandatory promotion board to colonel requires an officer to have at least 90 days remaining before reaching their MRD to be considered. The applicant adds that if he were to be selected by the 2009 mandatory promotion board to colonel, his MRD would be adjusted up by two years.
3. The applicant believes that the change in promotion board scheduling has placed him, and all other officers who were commissioned in May 1981, at an unfair disadvantage.
4. The applicant provides a memorandum from the Principal Deputy Assistant Secretary (Manpower and Reserve Affairs) dated 10 July 2006; MILPER Message Number 08-321; and selected excerpts from his military records.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he was commissioned as a second lieutenant, Army National Guard (ARNG), served continuously in the ARNG with assignments to troop program units, and was promoted to lieutenant colonel (LTC) on 30 April 2003. He was honorably discharged from the ARNG on 7 August 2008 in order to accept a tour of active duty in the U.S. Army Reserve.
2. The memorandum from the Principal Deputy Assistant Secretary (Manpower and Reserve Affairs) dated 10 July 2006, provided by the applicant, shows that the convening dates of the 2007, 2008, 2009, and 2010 Reserve Component promotion boards to colonel were adjusted to increase from 12 to 16 months between board convene dates until the minimum time in grade to be considered by a Reserve Component promotion board to colonel will be established at approximately 4 years and three months.
3. Title 10, section 14507, Removal from the Reserve active-status list for years of service, states that for LTCs and Commanders, unless continued on the reserve active-status list or retained under other provisions of law, and who are not on a list of officers recommended for promotion to the next higher grade, shall (if not earlier removed from the reserve active-status list) be removed from the active-status list on the first day of the month after the month in which the officer completes 28 years of commissioned service.
DISCUSSION AND CONCLUSIONS:
1. The MRD for a Reserve LTC is established by Title 10, section 14507.
2. The applicant has not submitting anything which shows that he has been retained in an active status under other provisions of law. As such, there is no basis for changing his MRD.
3. While it is unfortunate that the applicant will miss the opportunity to be considered by the 2009 promotion board to colonel, it is noted that he has been considered but not selected to promotion to colonel by a previous promotion board.
4. To grant the applicant's request would be giving him with a benefit not provided to other officers in similar situations.
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) AR20090002201
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ABCMR Record of Proceedings (cont) AR20090002201
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