BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100020913
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, in effect, correction of his record to show he was promoted to major (MAJ)/O-4 one year earlier.
2. He states the Army Board for Correction of Military Records (ABCMR) corrected his record in 2005 to adjust his date of rank (DOR) for captain (CPT)/O-3, but this correction was not completed in time for him to submit a request for consideration by a special selection board (SSB) to put him back in line with his original year group. He states he will now be considered for promotion to lieutenant colonel (LTC)/O-5 one year later than his year group.
3. He provides a printout from his Reserve Record, a copy of the Record of Proceedings and associated documents for ABCMR Docket Number AR20050008081, a memorandum showing he completed the Reserve Component Staff Process Course of the Combined Arms and Services Staff School, and a DA Form 67-9 (Officer Evaluation Report).
CONSIDERATION OF EVIDENCE:
1. On 16 October 1992, the applicant accepted appointment as a Reserve Commissioned Officer of the Army in the rank/grade of second lieutenant/O-1. He has served in an active status in the U.S. Army Reserve (USAR) since that date. Since October 2006, he has served in area of concentration 39B (Psychological Operations).
2. A DA Form 67-8 (U.S. Army Officer Evaluation Report) shows his DOR for first lieutenant (1LT)/O-2 was 15 October 1995.
3. Effective 2 June 2000, he was promoted to CPT. In 2005, the ABCMR directed correction of his DOR for CPT to 21 March 1999.
4. He was not considered for promotion to MAJ by the 2005 Reserve Components Selection Board (RCSB) which convened on 8 March and recessed on 25 March 2005. The board results were approved on 8 June 2005. The zone of consideration for the 2005 board was dates of rank for captain of 31 August 1999 and earlier.
5. He was considered and selected for promotion to MAJ by the 2006 RCSB which convened on 14 March and recessed on 28 March 2006. The board results were approved on 7 June 2006.
6. Effective 7 June 2006, he was promoted to MAJ/O-4.
7. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States and the USAR. The regulation provides that first consideration for promotion will occur well in advance of the date the officer will complete the time in grade (TIG) specified in the regulation, which may allow officers in the grades of 1LT through MAJ to be promoted on or before their maximum TIG. The maximum TIG as a CPT for promotion to MAJ is 7 years. The maximum TIG as a MAJ for promotion to LTC is also 7 years.
8. Army Regulation 135-155 states an SSB will be convened to reconsider officers who were either improperly omitted from consideration due to administrative error, or who were non-selected for mandatory promotion as a result of material error.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows after correction of his DOR for CPT the applicant was in the zone of consideration for promotion to MAJ under the 2005 RCSB criteria. However, due to the timing of the correction of his DOR for CPT, he was not considered.
2. Because he was omitted from consideration due to administrative error, he is entitled to consideration by an SSB under the criteria for the 2005 RCSB.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 placing his record before a duly-constituted SSB for promotion consideration to MAJ under the 2005 RCSB criteria.
2. If he is selected for promotion by the SSB, his records should be corrected by establishing his MAJ promotion effective date and DOR as if he had been originally selected under the earlier criteria identified by the SSB and providing him all back pay and allowances due as a result.
3. If he is not selected for promotion by the SSB, he should be so notified by U.S. Army Human Resources Command promotion officials.
_________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) AR20100020913
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ABCMR Record of Proceedings (cont) AR20100020913
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