DOCKET NUMBER: AR20090013317
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 that his date of rank (DOR) for promotion to captain (CPT) be adjusted by 2 years based on the Corrected Copy of an Appointment Memorandum, dated 13 February 2006.
2. The applicant states that his DOR to first lieutenant (1LT) was amended by an Appointment Memorandum (Corrected Copy), but the correction was not applied to his record in the system. This action resulted in him not going before an earlier CPT promotion board. He states he was educationally qualified for promotion on 23 May 2003.
3. The applicant provides the following documents in support of his application: DA Form 71 (Oath of Office Military Personnel), dated 12 July 2002; Certificate of Ecclesiastical Endorsement, dated 7 May 2002; Appointment Memorandum (Corrected Copy), dated 13 February 2006; DA Form 1059 (Service School Academic Evaluation Report) for the period ending 23 May 2003; and promotion order, dated 1 May 2006.
CONSIDERATION OF EVIDENCE:
1. At the time the applicant submitted his application, he was serving as a CPT in the U.S. Army Reserve (USAR).
2. The applicant was appointed as a USAR 1LT on 12 July 2002.
3. The applicants DA Form 1059 shows he completed the Chaplain Officer Basic Course on 23 May 2003.
4. On 13 February 2006, the applicants Appointment Memorandum, dated 25 June 2002, was corrected to show he was granted 4 years of constructive service credit.
5. Department of the Army, U.S. Army Human Resources Command, St. Louis, MO published Orders B-05-603484, dated 1 May 2006 which shows he was promoted to the rank of CPT with an effective date and DOR of 13 April 2006.
6. In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, Department of the Army (DA) Promotions. This office recommended the applicants request be approved. The opinion indicated the applicant was considered and selected for promotion to CPT by the 2006 DA Reserve Components Selection Board. On 13 February 2006, the appointment letter was corrected to include 4 years of constructive credit which adjusted his 1LT DOR to 12 July 2000. Therefore, the applicant was in the zone for consideration on earlier promotions with this earlier DOR. The opinion indicated the applicant had a basis for consideration by a special selection board (SSB) under the 2004 and 2005 CPT criteria.
7. A copy of the advisory opinion was forwarded to the applicant for comment. The applicant concurred with the opinion rendered in his case.
8. Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. It specifies that promotion reconsideration by a special selection board may only be based on erroneous non-consideration or material error which existed in the records at the time of consideration.
DISCUSSION AND CONCLUSIONS:
1. The applicant was appointed as a USAR commissioned officer on 12 July 2002 in the rank of 1LT.
2. On 13 February 2006, the applicants Appointment Memorandum was corrected to include 4 years of constructive service credit. As a result, his DOR to 1LT was adjusted to 12 July 2000.
3. The applicant was considered and selected for promotion to CPT by the 2006 DA Reserve Components Selection Board. Promotion orders published on 1 May 2006 promoted the applicant to the rank of CPT with an effective date and DOR of 13 April 2006.
4. The advisory opinion stated that the applicant was in the zone for consideration for earlier promotion boards since his DOR to 1LT was adjusted to 12 July 2000 and that the applicant has a basis for consideration by an SSB under the 2004 and 2005 CPT criteria.
5. Therefore, it would be equitable to submit the applicants records to a duly constituted SSB for reconsideration for promotion to CPT under the 2004 and 2005 criteria.
6. If the applicant is selected for promotion to CPT, his records should be further corrected by promoting him to CPT, assigning the appropriate DOR, and paying him the appropriate back pay and allowances.
BOARD VOTE:
___x_____ __x______ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by submitting his records to a duly constituted SSB for reconsideration for promotion to CPT under the 2004 and, if necessary, the 2005 criteria. Additionally, if he is:
a. selected for promotion, his records should be further corrected by promoting him to CPT, assigning the appropriate DOR, and paying him all associated back pay and allowances.
b. not selected for promotion he should be notified accordingly.
_______ _ _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) AR20090013317
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