IN THE CASE OF:
BOARD DATE: 21 May 2009
DOCKET NUMBER: AR20090003587
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, an adjustment of his date of rank (DOR) for first lieutenant (1LT) from 31 May 1992 to 30 May 1992.
2. The applicant states, in effect, that he determined his DOR to 1LT was incorrect according to Army Regulation 600-8-29 (Officer Promotions), dated
25 February 2005, paragraph 3-1(2). According to this regulation, the promotion eligibility date (PED) will be the day before the 2nd anniversary of the second lieutenantÂ’s (2LT) adjusted DOR (ADOR).
3. In support of his application, the applicant provides a copy of his Officer Record Brief (ORB) and an excerpt of Army Regulation 600-8-29, dated 25 February 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he was commissioned as a 2LT in the Regular Army on 31 May 1990. The applicant is currently assigned to the Office of the Chief, Army Reserve, Washington, DC serving in the rank of lieutenant colonel.
2. The applicant submitted a copy of his ORB which shows in Section III (Service Data) that he was promoted to 1LT in the Regular Army on 31 May 1992.
3. The applicant submitted a copy of Army Regulation 600-8-29, dated
25 February 2005, in which he cites paragraph 3-1(2), "the day before the 2nd anniversary of the 2LT ADOR," as the authority for his request.
4. Army Regulation 624-100 (Promotion of Officers on Active Duty), dated
1 September 1989, was in effect at the time, and prescribed the policies and procedures for promotion of active duty officers. Paragraph 3-3, in pertinent part, stated that an officer on the active duty list was eligible to be promoted on the day after he or she completed 24 months of active duty service as a 2LT.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DOR to 1LT should be corrected was carefully considered and found to be without merit.
2. When the applicant entered active duty on 31 May 1990, Army Regulation 624-100, dated 1 September 1989, was in effect, and it stated that an officer will be promoted on the day after he completed 24 months of service as a 2LT. In this case the applicant completed 24 months of service on 30 May 1992, therefore, he was properly promoted to 1LT on 31 May 1992.
3. In view of the circumstances in this case, the applicant is not entitled to adjustment to his promotion effective date and date of rank for first lieutenant.
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) AR20090003587
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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