IN THE CASE OF:	  

		BOARD DATE:	    30 September 2010

		DOCKET NUMBER:  AR20100011159 


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 her captain (CPT)/O-3 date of rank be changed from 5 September 2007 to 19 November 2006.

2.  The applicant states the following:

   a.  two weeks after being selected for promotion to CPT in August 2006, a
suspension of favorable personnel actions (FLAG) was initiated against her for failing the Army Physical Fitness Test (APFT);

   b.  she was unaware of the flagging action because she was never counseled
subsequent to failing the APFT;

   c.  she took another record APFT in November 2006 and passed it;

   d.   the FLAG was not removed from her record until 27 January 2010;

   e.  she had been in a valid higher-graded position since August 2006, and both she and her commander attempted to get her DOR corrected without success; and

   f.  she was finally promoted to CPT over a year later after her initial selection.

3.  The applicant provides the following:

* a DA Form 200 (Transmittal Record), dated 15 March 2010
* AHRC Form 155-R (Promotion Qualification Record), dated 23 September 2006
* a DA Form 705 (APFT Scorecard)
* 3297th U.S. Army Hospital Unit Manning Report, prepared on 30 April 2007
* 6 pages of email communication
* a third-party letter to her commander, dated 24 February 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she initially served in the U.S. Air Force (USAF) in an enlisted status from 18 December 1980 to 31 December 1992, at which time she was released from active duty (REFRAD) and transferred to the U.S. Air Force Reserve (USAFR).  The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued at the time of her REFRAD shows she completed 12 years and 14 days of total active service.

2.  On 1 July 2002, the applicant was appointed as a U.S. Army Reserve (USAR) commissioned officer in the rank of second lieutenant (2LT)/O-1 in the Army Nurse Corps and she executed her oath of office.  She was promoted to first lieutenant (1LT)/O-2 on 7 January 2003.

3.  On 5 December 2007, the U.S. Army Human Resources Command, St Louis, MO (USAHRC-STL), issued Orders B-12-707925.  It announced the applicant’s promotion to CPT with an effective date and DOR of 5 September 2007.

4.  The applicant’s record does not include any evidence showing that a flagging action had been initiated against her.

5.  The applicant provides a DA Form 705 which shows she passed the APFT on 19 November 2006.  She also provides email communication between herself, her commander, and USAR officials, which show attempts were made to correct her CPT DOR.

6.  During the processing of this case, on 8 April 2010, an advisory opinion was obtained from the Chief, Special Actions Branch, DA Promotions, USAHRC-STL. The advisory official indicated the applicant:

   a.  was selected for promotion by the 2006 CPT Department of the Army
Reserve Components Selection Board (RCSB) that was approved on 3 March 2006;

   b.  as assigned to a higher graded position in a Troop Program Unit (TPU) on 6 August 2006;

   c.  was flagged for failing the APFT; therefore, she was not eligible for promotion at the time of her selection; and

   d.  provided documentation to verify she passed the APFT on 19 November 2006.

The advisory official recommended approval of the applicant’s request to change her DOR to 19 November 2006.

7.  On 10 August 2010, the applicant was sent a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

8.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve Component officers.  Paragraph 4-18 discusses the DOR and effective date of promotion after an involuntary delay.  An officer who has failed to pass the most recent APFT or failed to take and pass the APFT within the period required because of the fault of the officer concerned, will be promoted with a DOR and effective date the day the officer passes the APFT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her CPT DOR should be adjusted from 5 September 2007 to 19 November 2006.

2.  By regulation, an officer who has failed to pass the most recent APFT because of his/her own fault will be promoted with a DOR and effective date the day the officer passes the APFT.

3.  The evidence of record confirms the applicant was flagged at the time of her selection for promotion to CPT on 3 March 2006 due to her inability to pass the APFT.  As a result, she was not promoted to CPT until 5 September 2007, as evidenced by the USAHRC-STL advisory opinion.  However, she was administered and passed a subsequent record APFT on 19 November 2006 as evidenced by her DA Form 705, thereby making her eligible for promotion on that day.  Therefore, her record should be corrected to show she was promoted to CPT with a DOR and effective date of 19 November 2006 and entitlement to all back pay and allowances due as a result of this adjustment.


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:

   a.  promoting her to captain (CPT)/O-3 with a DOR and effective date of 19 November 2006 and
   
   b.  providing her all back pay and allowances due as a result of this adjustment.



      ___________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)                                         AR20100011159



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ABCMR Record of Proceedings (cont)                                         AR20100011159



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