IN THE CASE OF:
BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20100012932
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
14. On 14 April 2010, new information was received from Headquarters, Department of the Army, Deputy Chief, G-1 in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090012774, dated 25 March 2010.
15. The evidence submitted consists of noting that Title 10, U.S. Code, sections 14502(a) and (b), expressly state that special selection boards (SSBs) are for officers "from in or above the promotion zone." This provision of statute is not discretionary.
16. Title 10, U.S. Code, section 14317(c), provides that an officer who is on the active duty list and is on a promotion list and who, before being promoted is removed from the active duty list and placed on the reserve active status list of the same armed force and in the same competitive category, shall be placed on an appropriate promotion list.
17. On 1 June 2009, the applicant was discharged from the Regular Army as an Engineer Corps officer. On 14 July 2009, the Active Component lieutenant colonel (LTC) promotion selection board results were released, and the applicant was selected for promotion to LTC. She was legally appointed in the U.S. Army Reserve as an Engineer Corps officer when the Secretary of Defense approved her appointment on 27 July 2009.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
5. At the time of the decision of the ABCMR in Docket Number AR20090012774, dated 25 March 2010, it was the intent of the ABCMR to make the applicants record as administratively correct as it should properly have been at the time while staying within the bounds of the law.
6. The ABCMR's decision in Docket Number AR20090012774 failed to take into account the fact that the law does not provide for SSBs for officers below the promotion zone. That portion of the Board RECOMMENDATION that provided for affording her SSB consideration by the 2009 LTC Reserve Component Selection Board cannot be accomplished because she was eligible only for below-the-promotion-zone consideration at that time.
7. However, the applicant had been selected for promotion to LTC by the Active Component promotion selection board. She separated on 1 June 2009, before the 14 July 2009 release of the results of that promotion board. Her records can be corrected to show she remained on active duty until 26 July 2009 (the day before the Secretary of Defense approved her Reserve appointment, to ensure there is no further question about whether or not she had a break in service).
8. Thus, the provisions of Title 10, U.S. Code, section 14317(c), are then invoked. That is, she would be placed on the appropriate Reserve promotion list effective the date of her USAR appointment. As it appears she is assigned to a troop program unit, the date of her promotion might depend on whether or not she is assigned to an LTC position.
9. The RECOMMENDATION in Docket Number AR20090012774 should be amended to reflect the date of her "new" discharge from the Regular Army (i.e., 26 July 2009); to show she was placed on the appropriate Reserve promotion list, and to delete references to an SSB.
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 amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20090012774 dated 25 March 2010, to:
a. show she was discharged from the Regular Army on 26 July 2009;
b. show she was appointed in the USAR on 27 July 2009, the date the Secretary of Defense approved her USAR appointment; and
c. show she was placed on the appropriate Reserve promotion list effective 27 July 2009.
_______ _ XXX____ ___
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) AR20090012774
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
1
ABCMR Supplemental Record of Proceedings (cont) AR20090012774
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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