IN THE CASE OF:
BOARD DATE: 22 April 2010
DOCKET NUMBER: AR20090017644
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 promotion effective date and date of rank for captain from 4 "August" 2008 to the appropriate promotion date.
2. The applicant states that he was selected for promotion to captain by the Accelerated Army Medical Department (AMEDD) Captain Promotion Board [sic] that convened in May 2006. The results were approved on 7 August 2006. He was attached to the 75th Combat Support Hospital (CSH) and the unit administrator did not put him in the appropriate captains slot while he was attending school. This resulted in his delayed promotion.
3. In support of his application, the applicant provides copies of his appointment memorandum, his official academic transcript, his captain promotion orders, and electronic mail (email) correspondence between himself and the 75th CSH.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he was appointed in the United States Army Reserve, Army Nurse Corps, as a first lieutenant effective 14 July 2004.
2. He submitted a copy of his official academic transcript showing he attended Wolford College from Spring 2005 through Spring 2007 and was awarded a Masters of Science degree on 25 May 2007.
3. He was issued U.S. Army Human Resources Command (HRC), Orders
B-02-800997, dated 7 February 2008, announcing his promotion to captain with an effective date and date of rank of 4 February 2008.
4. The applicant also submitted a copy of email correspondence between himself and the 75th CSH, dated 6 and 7 February 2008, wherein it was stated he could not be promoted until he met all requirements, i.e., assignment to higher graded position.
5. In an advisory opinion, dated 13 November 2009, the Chief, Special Actions Branch, DA Promotions, HRC, St. Louis, Missouri, stated that the applicant was selected for promotion to captain by the May 2006 Reserve AMEDD Selection Board and the board was approved on 7 August 2006. He was subsequently promoted on orders dated 7 February 2008, with a date of rank of 4 February 2008, the date of assignment to the higher graded position in a troop program unit (TPU). His date of rank is in accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers Reserve Promotions), paragraph 4-21. The Army Regulation states if the approval date of a board is before the assignment date to a position in the higher grade, the date of rank and effective date of promotion will be the date of assignment in the higher graded position. Based on the regulation and all documents received the applicant is not eligible for a date of rank earlier than 4 February 2008. The HRC official recommended the applicants request be disapproved.
6. The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 26 February 2010 and he did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his promotion to captain should be adjusted from 4 February 2008 has been noted. The evidence of record shows he was selected for promotion to captain by the 2006 AMEDD Selection Board that was approved on 7 August 2006. At that time he was not assigned to a higher graded position. He was assigned to a captain's position effective 4 February 2008 and appropriately promoted to captain on that date. The regulation governing promotion of Reserve TPU officers requires assignment to the higher-graded position which the applicant was finally able to obtain in February 2008.
2. The documentation submitted by the applicant does not show he was erroneously or unjustly prevented from assignment to a valid captains position prior to 4 February 2008. He was promoted to captain in accordance with applicable regulations. The evidence does not show and he has not satisfactorily shown that he was unjustly denied an earlier date of rank for captain. Therefore, it is concluded that the applicant was promoted to captain on the earliest date he was eligible and in a timely manner and he has not shown otherwise.
3. In view of 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.
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