IN THE CASE OF:
BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100008630
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 records to adjust his date of rank (DOR) for first lieutenant (1LT) from 14 December 2007 to 14 June 2007. In addition, he requests to be considered for promotion to captain (CPT) by a special selection board (SSB).
2. He states, "My situation is an injustice which was caused by Department of the Army (DA) when [it] reduced the time in grade (TIG) promotions for second lieutenant (2LT) to 1LT in the U.S. Army Reserve (USAR). I was promoted to 1LT 8 months prior to the change and spent 24 months as a 2LT. If DA would have 'grandfathered' all USAR 1LT's to 18 months of TIG, that would have kept Soldiers like me a year ahead of 2LT's that benefited from the change to 18 months of TIG. The way this has turned out, I will have my first look at CPT when I have 59 months of commissioned service and I will be on the same board with some Soldiers with 42-48 months of commissioned service."
3. He provides no additional documentation in support of this case.
CONSIDERATION OF EVIDENCE:
1. With prior active duty enlisted service, the applicant was appointed as a Reserve commissioned officer of the Army in the rank of 2LT, Adjutant General's Corps, on 15 December 2005.
2. On 14 December 2007, the applicant was promoted to the rank of 1LT.
3. By policy memorandum signed by the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA M&RA), the TIG requirement for promotion from 2LT to 1LT was reduced from 24 months to 18 months. The policy change became effective 19 August 2008. It was not applied retroactively.
4. In the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, U.S. Army Human Resources Command, St. Louis, dated 2 September 2010. The opinion recommended disapproval of the applicant's request to change his 1LT DOR from 14 December 2007 to 14 June 2007, an act that would allow him to be considered for promotion to CPT by an SSB. The opinion stated the applicant was appointed as a 2LT on 15 December 2005 and was considered for promotion by the 1LT Administrative Review Selection Board that convened on 14 December 2007. He was selected and given a DOR and effective date to 1LT of 14 December 2007. This was the earliest date Special Actions Branch could grant him based on his promotion eligibility date and TIG requirement of 24 months.
5. The opinion further stated the 19 August 2008 ASA M&RA memorandum to which the applicant referred established a DA policy authorizing Reserve Component 2LT's on the Reserve Active Status List to be promoted with the minimum of 18 months of TIG and completion of the Basic Officer Leaders Course, if otherwise qualified. The policy became effective upon signature of the memorandum which was 19 August 2008. With the effective date of 19 August 2008, the applicant was not eligible for the policy and it was not retroactively applied. Therefore, he was afforded the minimum TIG requirement (24 months) which was the policy in effect at the time of his promotion. The advisory opinion was forwarded to the applicant for comment, but he did not respond.
6. Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers of the Army National Guard of the United States and of commissioned and warrant officers of the U.S. Army Reserve. Table 2-1 establishes the TIG requirement for officer promotions and at the time stated that the minimum TIG for promotion to 1LT was 2 years (24 months) in the lower grade.
7. Army Regulation 135-155 states that an SSB will convene to correct/prevent an injustice to an officer or former officer who was eligible for promotion, but whose records, through error, were not submitted to or omitted from a mandatory promotion selection board for consideration.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is not entitled to adjustment to his date of rank for 1LT. He has not shown error, injustice, or inequity for the relief he now requests.
2. The advisory opinion correctly points out that the policy became effective upon signature of the memorandum, which was 19 August 2008. With the effective date of 19 August 2008, he was not eligible under the policy and it was not retroactive. He was afforded the minimum TIG requirement (24 months) which was the policy in effect at the time of his promotion. Therefore, in accordance with regulatory guidance, 14 December 2007 was the earliest date he could have been promoted to 1LT.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100008630
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ABCMR Record of Proceedings (cont) AR20100008630
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