IN THE CASE OF:
BOARD DATE: 17 June 2010
DOCKET NUMBER: AR20090020137
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) be backdated to 30 March 2006 or earlier.
2. The applicant states he was in major's position when mobilized and had been in that position at the time he was selected for promotion. He was told that he could not be promoted until such time as he returned to his Reserve status and was in a vacant major's position.
3. The applicant provides copies of his mobilization orders, his promotion orders, his Officer Record Brief and two DD Forms 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned in the U.S. Army Reserve (USAR) Medical Service Corps on 25 February 1994 and promoted to captain on 25 June 2000.
2. The applicant was selected for promotion to major by the 2006 Reserve Components Army Medical Department Selection Board, the results of which were approved on 10 March 2006. He is currently shown to have a DOR of 4 April 2006.
3. His 4 April 2006 DD Form 214 shows he was mobilized in support of Operation Noble Eagle and served on active duty from 5 February 2005 through 4 April 2006 as a captain.
4. U.S. Army Human Resources Command (AHRC), St. Louis,
Orders 8-04-803040, dated 11 April 2006, promoted the applicant to major effective 4 April 2006.
5. In the development of this case an advisory opinion was obtained from the Chief, Special Actions Branch, AHRC-St. Louis. The opinion noted the board results were approved on 10 March 2006 and based on their information showing the applicant was assigned to the higher grade position effective 4 April 2006, this was the proper date of rank. It was further stated that if the applicant provides the unit manning report, an AHRC Form 56-R (Promotion Qualification Statement), and mobilization orders to verify he was assigned to the higher grade position when mobilized, his request for an earlier DOR should be reconsidered.
6. A copy of the advisory opinion was forwarded to the applicant and he submitted the following documentation in further support of his application:
a. a statement from the Supervisory Staff Administrator, Headquarters, 176th Medical Group, dated 11 February 2010, stating the applicant was in a valid major/O-4 position from 17 December 2004 to 11 September 2006 at the time he was selected for promotion to major;
b. an AHRC Form 5-R showing he was serving in an authorized grade position of O-4 at the time of his mobilization on 5 February 2005;
c. mobilization orders, dated 14 January 2005, with amendments showing his mobilization effective 6 February 2005;
d. a Unit Manning Report showing the position the applicant was serving in (Operations, Mobilization, and Training Officer) is an O-4 position; and
e. his December 2005, April 2006, and September 2006 Officer Evaluation Reports showing his position as the Operations, Mobilization, and Training Officer.
7. Army Regulation 135-155 (Army National Guard and USAR Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 4-21, states officers selected by a mandatory board will have a promotion date and effective date no earlier than the date the board is approved or the date of Senate confirmation (if required), provided they are assigned to a position in the higher grade.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was in a major's position when he was mobilized and had been in that position at the time he was selected for promotion. He was told he could not be promoted until such time as he returned to his Reserve status and was in a vacant major's position.
2. The applicant was serving in a major's position at the time the 2006 promotion board results were released. As such, he is entitled to promotion to major with a date of rank and effective date of 10 March 2006 with entitlement to pay and allowances retroactive to that date.
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 showing the applicant was promoted to major with a date of rank and effective date of 10 March 2006 with entitlement to pay and allowances retroactive to that date.
____________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) AR20090020137
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ABCMR Record of Proceedings (cont) AR20090020137
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