IN THE CASE OF:	  

		BOARD DATE:	        5 November 2009

		DOCKET NUMBER:  AR20090007297 


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 to show his date of rank for lieutenant colonel as 16 December 2008.

2.  The applicant states that he was in a mobilized status on the date the promotion board adjourned.  He therefore contends that his date of rank should be the date the promotion board adjourned.  Instead, his date of rank has been established as 1 January 2009, the date his unit reported him as assigned to a lieutenant colonel position.  Efforts to correct this have failed and he was directed to submit a request to this Board. 

3.  The applicant provides, in support of his application, copies of a letter of support from his commander, mobilization orders, deployment orders, email communication, promotion orders, USARC Form 56-R (Promotion Qualification Statement) with enclosures, and a promotion order pertaining to another officer. 

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving as a lieutenant colonel, United States Army Reserve, mobilized.

2.  Orders 08-045-00037, Fort Bragg, North Carolina, dated 14 February 2008, ordered the applicant to active duty in support of Operation Enduring Freedom with a report date of 26 February 2008.

3.  USARC Form 56-R, dated 22 January 2009, reported that the applicant had been assigned to a lieutenant colonel position as of 1 January 2009.

4.  Orders B-01-900939, United States Army Human Resources Command, St. Louis, dated 30 January 2009, promoted the applicant to lieutenant colonel, pay grade O-5 with an effective date and date of rank of 1 January 2009.

5.  On 2 April 2009, the applicant's commander stated in a letter of support that the USARC Form 56-R did not provide clear guidance about entering the date for assignment to a designated position.  The commander contended that the USARC Form 56-R was submitted without a date of assignment to a position.  He also states that the applicant had been previously assigned to a lieutenant colonel position prior to his mobilization and that the unit had several vacant positions to which he could have been assigned.  The commander recommends that the applicant's date of rank be adjusted to 16 December 2008.

6.  The applicant provided promotion orders pertaining to another officer who was considered and selected by the same promotion board.  The orders show that officer was given an effective date and date of rank of 16 December 2008.  His promotion eligibility date was 26 September 2007.

7.  In the processing of this case, an advisory opinion was obtained from the Special Actions Branch, Department of the Army Promotions, United States Army Human Resources Command, St. Louis, Missouri.  The opinion stated that the applicant was considered and selected by the 2008 Lieutenant Colonel Department of the Army Reserve Components Selection Board.  His date of rank for major was 1 April 2002 which gave him an eligibility date of 31 March 2009 for promotion.  On 21 January 2009, the applicant's promotion was initially placed on hold due to his mobilization and not being in a valid position.  On that same day, USARC Form 56-R was received stating that the applicant had been assigned to a higher graded position as of 1 January 2009.   That is the earliest date the Promotion and Notification Branch can give the applicant.  The opinion also stated that the applicant had compared his case with that of another officer who was considered and selected by the same promotion board.  However, that other officer had a past promotion eligibility date which permitted an earlier date of rank than the applicant's.

8.  On 6 August 2009, a copy of the advisory opinion was sent to the applicant for his information and opportunity to rebut.  No response has been received.

9.  The Personnel Policy Guidance, Chief of Staff, G1 (Personnel) provides in pertinent part, that mobilized USAR commissioned officers who are on an approved promotion list may be promoted immediately when matched to a vacant position of the higher grade in the USAR.  Under this policy, the officer serves in the higher grade while mobilized but, within 180 days of demobilizing, must be reassigned to the higher graded position or transferred to the Individual Ready Reserve (IRR).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank should be changed based on his being mobilized at the time.

2.  The evidence of record shows that the applicant was mobilized prior to, during and after being selected for promotion to lieutenant colonel.  Furthermore, he was immediately eligible for promotion.  However, his promotion was contingent upon the unit matching him against a higher graded position. 

3.  The applicant's commander states that the applicant had been previously assigned to a higher graded position prior to his being mobilized; however, he does not say that the applicant was retained in such a position while mobilized.

4.  The USARC Form 56-R shows that the unit assigned the applicant to a higher graded position as of 1 January 2009.  There is no evidence showing that the applicant was assigned to a higher graded position at any time between 
26 February 2008, the date of his being mobilized and 1 January 2009.   He was accordingly promoted with an effective date and date of rank of 1 January 2009.

5.  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)                                         AR20090007297





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ABCMR Record of Proceedings (cont)                                         AR20090007297



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