IN THE CASE OF:
BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20100011505
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 his date of rank (DOR) for major be adjusted to
10 March 2006 with back pay and allowances.
2. The applicant states:
* on 18 December 2006 the Army Board for Correction of Military Records (ABCMR) adjusted his DOR for captain and directed his records be submitted to a duly constituted Special Selection Board (SSB) for promotion consideration for major under the 2006 year criteria
* the above mentioned actions were directed to be completed by 1 May 2007
* his records were not reviewed by the SSB until 16 May 2007 and the results were not published and sent to him until 23 August 2007
* upon receipt of the results he exhausted all administrative avenues and ended up with a DOR of 24 June 2007
* he was selected for promotion to major by the Fiscal Year 2007 Major Reserve Component AMEDD [Army Medical Department] Promotion Board in April 2007
* his commander at the time in question (a colonel) has provided a statement indicating that without reservation she would have assigned him to a promotable position effective on 10 March 2006
* he has been assigned to an O-5 position since September 2007
* he would at this time be applying for a Position Vacancy Board but he is unable to do so because of his DOR
3. The applicant provides:
* memorandum dated 23 August 2007
* promotion orders
* memorandum dated 2 January 2010
* ABCMR proceedings
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed a first lieutenant in the U. S. Army Reserve (USAR), Veterinary Corps, on 26 May 1998. He was promoted to captain on
27 February 2001.
2. On 12 December 2006, the ABCMR adjusted the applicant's DOR for captain to 25 June 2000 and directed his records be submitted to a duly constituted SSB for promotion consideration to major under the 2006 year criteria.
3. On 16 May 2007, the applicant was considered and selected for promotion to major by the Department of the Army Standby Advisory Board.
4. The applicant was issued a promotion memorandum, dated 23 August 2007, announcing his promotion to major with a promotion effective date and date of rank of 24 June 2007. This memorandum states the applicant could have an earlier DOR but not earlier than 10 March 2006.
5. Orders, dated 24 August 2007, show the applicant was promoted to major with a DOR of 24 June 2007.
6. In support of his claim, the applicant provided a statement, dated 2 January 2010, from the Commander [a colonel], 994th Medical Detachment Veterinary Service (MDVS) during 2006. She states the applicant was assigned to the 994th MDVS from June 2000 to 28 March 2006. She attests she would have assigned the applicant to a major slot to achieve the earliest promotion date possible if she had known he was eligible for promotion. She indicates the applicant is one of the most capable officers serving in the USAR Veterinary Corps today. She also states the applicant's assignments testify to his leadership and skills:
* USAR Veterinary Corps Chief Assistant 358th MDVS Commander
(O-5 slot)
* Joint Forces Command (O-5 slot)
* subject matter expert on public health to the USAR Veterinary Corps Chief
7. 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 4-21b(2) of this regulation states unit 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. When the board approval or, if required, Senate confirmation is before assignment to the position in the higher grade, the effective date and the date of promotion will be the date of assignment to the higher graded position.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his DOR for major be adjusted to 10 March 2006.
2. Evidence of record shows the applicant was selected for promotion to major by an SSB on 16 May 2007 with a DOR of 24 June 2007. His promotion memorandum states he could have an earlier DOR but not earlier than 10 March 2006 if serving in a major position on that date.
3. Although there is no evidence of record which shows the applicant was assigned to a position in the higher grade on 10 March 2006, the Commander, 994th MDVS states she would have assigned the applicant to a major slot to achieve the earliest promotion date possible if she had known he was eligible for promotion. Therefore, it would be equitable to correct his military records to show his promotion effective date and DOR for major is 10 March 2006.
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 promotion effective date and DOR of 10 March 2006 with entitlement to back pay and allowances based on 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) AR20100011505
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ABCMR Record of Proceedings (cont) AR20100011505
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