IN THE CASE OF:
BOARD DATE: 12 January 2010
DOCKET NUMBER: AR20090012186
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, that his date of rank for first lieutenant (1LT) be changed from 15 December 2008 to 16 July 2008.
2. The applicant states that the time-in-grade (TIG) to first lieutenant is
18 months as of August 2008. He also states that his peers in the same branch with less time-in-service (TIS) and TIG are promoted ahead of him when he has completed the same requirements. He continues to state that he only spent
6 weeks of active duty for training prior to his entering active duty.
3. The applicant provided a copy a self-authored statement, dated 7 July 2009; a copy of his DA Form 71 (Oath of Office - Military Personnel), dated 16 December 2006; a copy of U.S. Army Human Resources Command (USAHRC), St. Louis, MO, Orders T-06-738528, dated 18 June 2007; a copy of his DA Form 1059 (Service School Academic Evaluation Report), dated 5 October 2007; a copy of USAHRC, St. Louis, Orders A-11-722916, dated 27 November 2007; and a copy of a memorandum from the Office of the Assistant Secretary, Manpower and Reserve Affairs, subject: Reduction in the Time in Grade (TIG) Requirement for Promotion of Reserve Component Officers to First Lieutenant, dated 19 August 2008, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a second lieutenant (2LT) in the U.S. Army Reserve (USAR) on 16 December 2006.
2. USAHRC, St. Louis, Orders T-06-738528, show the applicant was ordered to active duty for training on 1 July 2007 to attend the Medical Service Basic Officer Leadership Course, Phase Two at Fort Benning, GA. The orders also directed that on or about 19 August 2007 he would proceed to Fort Sam Houston, TX with attachment to Fort Benning for continuation of the Medical Service Basic Officer Leadership Course, Phase Two.
3. The applicant completed the Medical Service Basic Officer Leadership Course on 5 October 2007.
4. USAHRC, St. Louis, Orders A-11-722916, show the applicant was ordered to active duty on 3 December 2007 as a 2LT.
5. The applicant was commissioned as a 2LT in the Regular Army (RA) on
29 November 2007.
6. USAHRC, Arlington, VA, Orders Number 326-063, dated 21 November 2008, show the applicant was promoted to the rank of 1LT with an effective date and date of rank of 21 December 2008.
7. Office of the Assistant Secretary, Manpower and Reserve Affairs, Washington, Subject: Reduction in the TIG Requirement for Promotion of Reserve Component Officers to 1LT. The memorandum states that the Department of the Army policy authorizes Reserve Component 2LTs on the active-status list to be promoted with a minimum of 18 months TIG and completion of the Basic Officer Leadership Course.
8. In an advisory opinion, the Deputy Chief, Promotions (AC [Active Component]), reiterated the applicant's request and stated that once the applicant entered active duty (EAD) he fell under the provisions of Army Regulation 600-8-29 (Officer Promotions). The advisory opinion further states that he was eligible for promotion on the 18th month after EAD or 24 months from the date of commissioning, whichever was earlier. Therefore, he was promoted to 1LT on 15 December 2008, 24 months from the date he was commissioned. The advisory opinion recommended disapproval of the applicant's request to change his date of rank from 12 December 2008 to 16 June 2008.
9. On 25 August 2009, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. However, the applicant did not respond.
10. Army Regulation 600-8-29 prescribes the policy and procedures for the promotion of active duty officers. The law establishes no minimum TIG requirements for consideration for promotion; however, an officer must have at least 18 months TIG to be promoted to ILT. The promotion eligibility date (PED) will be computed according to the rules given in chapter 3, table 3-1. The PED to 1LT will be the earlier date between 18 months of active Federal commissioned service, or the day prior to the 2nd anniversary of the 2LT date of rank.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was commissioned as a USAR 2LT on 16 December 2006. He was subsequently commissioned as an RA officer on 29 November 2007 and he was ordered to report for active duty on
3 December 2007.
2. As a result, in accordance with the applicable Army regulation, the earliest date he was eligible for promotion to 1LT was 15 December 2008, the day before the 2nd anniversary of his 2LT date of rank. Therefore, he is not entitled to adjustment to his promotion date of rank for 1LT to an earlier date.
3. The policy letter from the Office of the Assistant Secretary, Manpower and Reserve Affairs regarding the reduction in TIG requirement for promotion of Reserve Component officers to 1LT applies specifically to Reserve Component officers. The applicant was an Active Component (RA officer) on the effective date of the referenced policy memorandum. Therefore, this policy did not apply to him.
4. Based on the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20090012186
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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