IN THE CASE OF:
BOARD DATE: 21 July 2009
DOCKET NUMBER: AR20090003731
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 correction of his military records by adjusting his date of rank for major to on or about June or July 2008.
2. The applicant states that his previous command had failed to forward his promotion packet for consideration resulting in his not being considered and selected for promotion to major by the earlier board even though he was in a position and eligible for promotion.
3. The applicant provides copies of his Inspector General (IG) complaint and the IG finding.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a major serving in a United States Army Reserve troop program unit.
2. On 28 December 2008, the applicant submitted a DA Form 1559 (Inspector General Action Request) wherein he requested an investigation into why three promotion packets for the Major vacancy promotion board were not forwarded for consideration.
3. On 7 March 2008, the IG wrote a letter to the applicant informing him that his complaint was founded and that the appropriate commander had been made aware of the issue for his action as appropriate.
4. In the processing of this case an advisory opinion was obtained from the Chief, Special Actions Branch, Department of the Army Promotions, United States Army Human Resources Command, St. Louis, Missouri. The opinion stated that the applicant had been selected for promotion by the September 2008 Department of the Army Position Vacancy Board (PVB) and was promoted with a date of rank of 2 January 2009, the approval date of the PVB. The IG of the Civil Affairs and Psychological Operations Command at Fort Bragg, North Carolina, investigated the applicant's complaint and agreed that his promotion packet should have been submitted to the January 2008 PVB. In accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 4-21, an officer is promoted after selection and the effective date and date of rank will be no earlier than the approval date of the PVB or the date the officer is assigned to the higher graded position, whichever is later. Although the applicant's file was omitted from the January 2008 PVB there is no guarantee that if it had been considered, he would have been selected for promotion. Since Department of the Army Special Selection Boards are not authorized for PVB's, the applicant cannot be considered for promotion based on the criteria used for the January 2008 PVB.
5. On 27 August 2008, the advisory opinion was mailed to the applicant for his information and opportunity to rebut. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his date of rank for major should be changed based on his previous command's failure to forward his promotion packet.
2. The evidence shows that the applicant's command failed to submit his promotion packet to the January 2008 PVB. Unfortunately, there are no provisions for a Department of the Army Special Selection Board to consider the applicant for promotion under the January 2008 promotion criteria for a PVB. Furthermore, there is no guarantee that if so considered, that he would be selected.
3. In view of the above, the applicant's request should be denied.
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) AR20090003731
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ABCMR Record of Proceedings (cont) AR20090003731
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