IN THE CASE OF:	  

		BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090004780 


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 adjustment to his date of rank for major from 30 June 2006 to 31 March 2006.

2.  The applicant states, in effect, that his effective date for promotion was delayed based on administrative errors which erroneously removed him from assignment and changed his unit assignment date.  He states that the erroneous action created a break in duty assignment on the Unit Manning Roster (UMR) which the Position Vacancy Board (PVB) used to determine his date of rank for promotion.  He states that he was selected for promotion to the rank of major by the March 2006 PVB; however, he was given a later date of rank of 30 June 2006 instead of 31 March 2006.  He states that he was removed from his UMR position as the Brigade S-1 in error as a result of being identified as a potential involuntary cross-level Soldier by the United States Army Reserve Command.  He states that as a result of incorrect information being submitted to his higher headquarters, a premature transfer order was generated in anticipation of a possible cross-leveling mobilization action taking place in August of 2006.  He states that he physically never left his unit or his assigned position at anytime and that his transfer orders were revoked.  He states that he was in his assigned position from 1 March 2003 through 18 July 2006; however, when he was reassigned into his unit, his original assignment date was not used by the PVB.  He states that he explained his situation when he was informed by a PVB representative and that he was promoted effective 30 June 2006 instead of the date of the March board, which should have been 31 March 2006.

3.  The applicant provides a memorandum addressed to the Army Review Boards Agency dated 13 March 2009; a copy of Orders 06-164-00002 dated 13 June 2006; a copy of Orders 06-164-00004 dated 13 June 2006; copies of his Officer Evaluation Report (OER) for the periods 21 March 2005 through 20 March 2006 and 21 March 2006 through 1 July 2006; Orders B-07-604997 dated 11 July 2006; a letter addressed to the Defense Finance and Accounting Service requesting copies of his Leave & Earnings Statements (LESs) dated 17 March 2009; and copies of his LESs for March 2006 and June 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the United States Army Reserve (USAR), as a second lieutenant, effective 23 May 1996.  He was promoted to first lieutenant effective 24 May 1998 and he was promoted to captain effective 1 March 2002.

2.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows that on 30 September 2003, he was assigned to Headquarters, 4th Brigade (CSS), 98th Division (IT), W. Hartford, Connecticut, as the Brigade Adjutant, S-1. 

3.  The available records show that the applicant was considered and selected for promotion to major by the 2006 Position Vacancy Selection Board that convened on 31 March 2006.

4.  On 13 June 2006, Orders 06-164-00002 were published reassigning the applicant to the 806th Adjutant General (AG) Company Headquarters, Postal (WRP9T1), 5255 4th Street, March Air Force Base, California, effective 21 June 2006.

5.  On 13 June 2006, Orders 06-164-00004 were published amending Orders 
06-164-00002 to show his position assignment date as 21 July 2006.

6.  On 11 July 2006, the United States Army Human Resources Command, 
St. Louis published Orders B-07-604997, promoting the applicant to the rank of major effective 30 June 2006.  The available records indicate that he was assigned to Headquarters, 4th Brigade (CSS), 98th Division (IT), W. Hartford, Connecticut, as the Brigade Adjutant, S-1 at the time that his promotion orders were published.

7.  On 18 July 2006, Orders 06-199-00001 were published amending Orders 
06-164-00004 to change the effective date of his position assignment to the 806th AG Postal Company, March Air Force Base, California, from 21 July 2006 to 18 July 2006.
8.  The applicant's DA Form 2-1 shows that on 18 July 2006 he was assigned to the 806th AG Postal Company, March Air Force Base, California, as the Deputy Director for the Theater Postal Operations Directorate, in the rank of major.

9.  The applicant's records show that he was ordered to active duty in support of Operation Iraqi Freedom effective 22 August 2006 and he was transferred to Kuwait on or about 13 November 2006.  He was released from active duty and he was transferred to the 806th AG Postal Company, March Air Force Base, California, 8 December 2007.  He is currently a member of the USAR and he has been reassigned to Headquarters, 4th Brigade (CSS), 98th Division (IT), W. Hartford, Connecticut, as the Brigade Adjutant, S-1, in the rank of major.

10.  A review of information contained in the Department of the Army Human Resources Commander Integrated Web Service shows that the applicant's effective date of promotion to major and date of rank is the date he was assigned to a major's position. 

11.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Offices other than General Officers) prescribes the policies and procedures for promotion of Reserve Component officers.  The regulation specifies that officers in the grade of captain may be eligible for promotion consideration to major by a PVB upon completion of 4 years minimum time in grade (MTIG).  Promotion to fill authorized troop program unit position vacancies may be filled through promotion of the best qualified and geographically available officer to the grades of captain through colonel.  All unit officers in the next lower grade must have met the MTIG for promotion to the next higher grade and be geographically available to serve in the position for which considered.  Officers selected for a PVB, but who are not promoted, will be deleted from the recommended list and will not be considered to have failed selection of promotion.

12.  Army Regulation 135-155, paragraph 4-21, states that the effective date and date of promotion to fill USAR position vacancies will be no earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer is assigned to the position, whichever is later.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank to major should be adjusted to 31 March 2006.




2.  His contentions have been noted.  However, the applicant has failed to show error or injustice in the date of rank that he was assigned.

3.  The documents that he submitted have been considered.  However, there is no evidence in the available record that shows he was assigned to a major's position earlier than 30 June 2006, which was the effective date of his promotion to major.

4.  His records show that Orders 06-164-00002 were published to reassign him to a major's position effective 21 June 2006 and that he was promoted to major with an effective date of 30 June 2006.  The orders were amended to change his date of reassignment to 18 July 2006 and his records show that he was actually reassigned to a major's position on 18 July 2006, which was after his effective date of promotion.  He has provided insufficient evidence to show that he was in a major's position on 31 March 2006 when he was assigned to Headquarters, 4th Brigade (CSS), 98th Division (IT), W. Hartford, Connecticut, as the Brigade Adjutant, S-1, serving in the rank of captain.

5.  Based on the foregoing conclusions and in accordance with the applicable regulation, the applicant is not entitled to an adjustment of his date of rank to major.

6.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

7.  In view of the foregoing, there is no 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)                                         AR20090004780





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ABCMR Record of Proceedings (cont)                                         AR20090004780



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