IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100014772
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 an earlier effective date for promotion to lieutenant colonel (LTC).
2. The applicant states his promotion consideration of 8 September 2008 was denied due to being educationally unqualified. He provided the necessary information but due to processing delays it was not received prior to the suspense date.
3. The applicant provides copies of his completion of the Command & General Staff Officer Course (CGSOC), Intermediate Level Education-Common Core (ILE-CC), and his DD Forms 214 for the period ending 2 April 1995 and
14 September 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant served on active duty from 30 October 1985 through 1 March 1995 with transfer to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
2. He was called to active duty on 15 September 2005 and he served until 14 September 2007 with transfer to a USAR Troop Program Unit as a major.
3. The applicant completed ILE-CC on 21 August 2008 and CGSOC on 25 August 2008.
4. The applicant was originally not found eligible for promotion by the Fiscal Year (FY) 2008 LTC Reserve Components Selection Board (RCSB) due to not meeting the educational requirements for promotion.
5. During the processing of this case, on 12 January 2011, an advisory opinion was obtained from the Chief, Officer Promotions Special Actions, U.S. Army Human Resources Command. The advisory official recommended that the applicant's request be denied. The rationale was that the applicant was reconsidered for promotion to LTC by a Special Selection Board (SSB) under the 2008 criteria. He was selected for promotion and given an effective date of 17 December 2009 based on his assignment to an LTC position on that date. Therefore, he does not have a basis for promotion consideration by a subsequent SSB.
6. On 19 January 2011, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
7. Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. The regulation provides that unit officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was notified that his promotion consideration on 8 September 2008 was denied due to being educationally unqualified. He provided the necessary information but due to processing delays it was not received prior to the suspense date.
2. The applicant is correct in that he was initially denied promotion due to an erroneous finding that he was not educationally qualified. However, this was addressed and rectified by his referral to and selection by an SSB.
3. The applicant was not qualified for promotion to LTC until such time as he was serving in a position commensurate with the higher rank. As such, he was promoted to LTC on 17 December 2009 upon his assignment to an LTC position.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100014772
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ABCMR Record of Proceedings (cont) AR20100014772
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