IN THE CASE OF:
BOARD DATE: 15 September 2009
DOCKET NUMBER: AR20090003397
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 (DOR) to major be changed to June 2005 instead of July 2005.
2. The applicant states, in effect, that he was not able to transition to the higher position upon notification of selection. He contends that he was forced to wait until a position became available or permanent change of station to accept the higher grade.
3. The applicant provides active duty assignment orders; permanent change of station orders; and promotion orders in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed a second lieutenant in the Army National Guard effective 27 July 1991. He was promoted to first lieutenant on 26 July 1994 and promoted to captain on 9 June 2000.
2. The applicant was ordered to active duty in an Active Guard Reserve (AGR) status on 19 March 2003.
3. The applicant was promoted to major on 1 July 2005.
4. In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, Department of the Army Promotions, U.S. Army Human Resources Command, St. Louis, Missouri. The opinion points out that the applicant was selected for promotion to major by the 2005 Department of the Army (DA) Reserve Components Major Selection Board. The board was approved on 8 June 2005 and released on 28 June 2005. The applicant was promoted to major with a DOR of 1 July 2005, his date of assignment to the higher graded position in the AGR. The opinion points out that paragraph 4-21 of Army Regulation 135-155 states that an AGR officer will be promoted on the date of assignment to position in the higher grade. Due to the fact that applicant was not assigned prior to 1 July 2005, he is not eligible for an earlier DOR. That office recommends that the applicant's request be disapproved.
5. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. The applicant did not respond within the given time frame.
6. Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve Component officers. Paragraph 4-21d of this regulation states that AGR officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade. An AGR officer who is selected for promotion by a mandatory promotion board, but who is not assigned/attached to a position in the higher grade will be promoted on the date of assignment/attachment to a higher graded position or the day after release from AGR status. The date of rank will be the date the officer attained maximum time in grade or the date on which assigned/attached to a position in the higher grade, whichever is earlier.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant was selected for promotion to major by the 2005 DA Reserve Components Major Selection Board. The board was approved on 8 June 2005 and released on 28 June 2005.
2. Evidence of record also shows the applicant was assigned to a major position on 1 July 2005 and that he was promoted to major on 1 July 2005 with a DOR of 1 July 2005. There is no evidence of record and the applicant provided none which shows he was assigned to, or would have been assigned to, a position in the higher grade in June 2005 or before 1 July 2005. Therefore, in accordance with the governing regulation, there is an insufficient basis for granting 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) AR20090003397
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090003397
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060011296
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant was issued a promotion consideration memorandum, dated 26 September 2006, indicating that an SSB had recommended him for promotion to MAJ with an effective date and DOR for MAJ as 23 July 2006. He was issued promotion orders, dated 30 June 2006, indicating his promotion to MAJ by a SSB with a promotion effective date and DOR for MAJ of 2 July 2006, the date of his...
ARMY | BCMR | CY2012 | 20120015137
The evidence of record shows he assumed an LTC position on 1 June 2011; therefore, his DOR should be corrected to that date. The evidence of record shows he was extended Federal recognition effective 27 March 2012; therefore, he is not entitled to correction of his effective date of promotion to an earlier date. As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by amending NGB Special...
ARMY | BCMR | CY2006 | 20060010966
The applicant states, in effect, that her delay in promotion was not voluntary and that she would like her records corrected to show her DOR as 28 June 2005, the date she was eligible for promotion. In this case, the evidence shows the applicant was promoted, effective the date she entered a position authorized the higher grade of major, which was 19 June 2006. The evidence of record confirms the applicant was promoted to major effective and with a date of rank of 19 June 2006.
ARMY | BCMR | CY2007 | 20070013058
National Guard Regulation 600-100, paragraph 8-15 states in pertinent part that an ARNG commissioned officer, not on active duty, who is selected for promotion as a Reserve commissioned officer of the Army resulting from mandatory consideration may be extended Federal Recognition in the higher grade subject to several conditions, including that the officer has reached his or her promotion eligibility date and that the officer is promoted in a State status to fill an appropriate position...
ARMY | BCMR | CY2013 | 20130000591
He was informed by the ARNG that his DOR would be 1 December 2008; but, the USAR promoted him with a DOR of 15 February 2009. Because he was promoted in the ARNG, he only delayed his effective date, and not his DOR. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Orders B-05-903495, HRC, dated 20 May 2009, to show his DOR as 1 December 2008; b. correcting all appropriate military personnel data bases to...
ARMY | BCMR | CY2002 | 2002066317C070402
Army Regulation 135-155, paragraph 4-21d, states that for an AGR officer selected for promotion, the DOR will be the date the officer attained MTIG or the date on which the officer is assigned to a position in the higher grade, whichever is earlier. The date of rank (DOR) will be the date the officer attained maximum TIG (MTIG) or the date on which assigned/attached to a position in the higher grade, whichever is earlier.” The MTIG for promotion to LTC is 7 years as a MAJ. Pay and...
ARMY | BCMR | CY2010 | 20100014403
Because his DOR to MAJ was not annotated on the order announcing Federal recognition, he did not appear before the LTC selection board until 2005 and he was selected for promotion with an effective date of 18 January 2006. c. Because of the error in his DOR for MAJ, his DOR for LTC is also incorrect and should be 30 June 2004. The official noted that his DOR to MAJ was corrected by NGB Special Orders Number 177 AR (Extract) to reflect his maximum time in grade (TIG) as a CPT as required by...
ARMY | BCMR | CY2010 | 20100019825
He contends that as an ARNG AGR officer, he was authorized DORs determined as follows in accordance with (IAW) paragraphs 4-15 and 4-19d of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), effective 1 October 1994 for his promotion to MAJ and 1 February 1998 for his promotion to LTC as follows: a. Paragraph 4-15 provides that the Promotion Eligibility Date (PED) is the date the officer meets the eligibility criteria for promotion...
ARMY | BCMR | CY2005 | 20050017802C070206
The advisory opinion went on to state that, if the applicant had been selected for promotion by the 1999 selection board based on 4 years TIG, she would have been promoted with a DOR of 18 April 2000, the approval date of the 1999 board. The applicant was one of those officers. Instead of being promoted to CPT on her normal PED of 18 January 2001 due to selection by the 2000 promotion board, a ROPMA DOR adjustment project determined that she would have been considered by the 1999 promotion...
ARMY | BCMR | CY2009 | 20090007298
The applicant requests, in effect, correction to his date of rank (DOR) for captain (CPT)/pay grade O-3 from 20 January 2006 to 1 March 2005 based upon the results of a March 2005 Troop Program Unit (TPU) Position Vacancy Board (PVB). In a memorandum, dated 18 February 2005, the applicant acknowledged that if he was selected for promotion to captain by the March 2005 PVB for TPU Positions, and wished to accept the promotion, he would first have to request removal from the AGR Program before...