IN THE CASE OF:	  

		BOARD DATE:	    21 April 2011

		DOCKET NUMBER:  AR20100021381 


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 correction of her military records to show her effective date and date of rank for captain (CPT)/pay grade O-3 as 8 April 2010.

2.  The applicant states she was involuntarily mobilized for 730 days.  Due to an administrative oversight, she remained assigned to a derivative unit identification code (UIC) until 7 May 2010.  Her promotion order was not published until she was reassigned to her parent unit on 7 May 2010.  She contends that she has served as the battalion's adjutant since 2006.

3.  The applicant provides copies of her request for amendment to her promotion orders with brigade and battalion commander's endorsements; page 11 of the Fiscal Year 2010 (FY10) CPT, Reserve Components/Army Promotion List (RC/APL); promotion orders; and mobilization orders.

CONSIDERATION OF EVIDENCE:

1.  At the time of her application, the applicant was serving as a mobilized Reservist at Fort Gordon, Georgia.

2.  On 13 May 2005, the applicant was commissioned in the rank of second lieutenant/pay grade O-1.

3.  Orders B-04-703034, U.S. Army Human Resources Command, St. Louis, Missouri (HRC-STL), dated 27 April 2007, promoted the applicant to first lieutenant/pay grade O-2 with a date of rank of 27 May 2007.

4.  Orders 07-108-00008, 87th Division (Training Support), dated 18 April 2007, ordered the applicant to active duty as a member of her RC unit for a period of 365 days in support of Operation Enduring Freedom (OEF).  She was ordered to report to the 349th Regiment, 1st Battalion, Fort Gordon, Georgia, on 17 May 2007.  These orders were twice amended resulting in her period of active duty being extended to a total of 730 days.

5.  Orders A-02-904917, HRC-STL, dated 13 February 2009, ordered the applicant to active duty in support of contingency operations-active duty operational support (CO-ADOS) for a period of 365 days in support of OEF effective 16 May 2009.  She was assigned to the 349th Regiment, 1st Battalion, Fort Gordon, Georgia.

6.  Orders A-02-005168, HRC-STL, dated 17 February 2010, ordered the applicant to active duty in support of CO-ADOS for a period of 365 days in support of OEF.  She was assigned to the 349th Regiment, 1st Battalion, Fort Gordon, Georgia.

7.  The FY10 CPT, RC/APL, promotion board results, released on 8 April 2010, show the applicant's name and branch on page 11.

8.  Orders B-05-002800, HRC-STL, dated 13 May 2010, announced the applicant's promotion to CPT with an effective date and date of rank of 7 May 2010.

9.  In a memorandum, dated 15 July 2010, the applicant requested through her chain of command that her effective date and date of rank be amended based on the release date of the promotion list on 8 April 2010.  Both the battalion and brigade commanders supported her request stating an administrative error had occurred and her eligibility date for promotion was 30 March 2010.

10.  In processing this case, an advisory opinion was obtained from the Deputy Chief of Staff, G-1, Officer Management Branch, U.S. Army Reserve Command, Fort McPherson, Georgia.  The opinion states the applicant had been serving in the position of battalion S-1/adjutant since 2006.  As adjutant, it would be a part of her responsibilities to ensure proper positioning of personnel was maintained.  It is reasonable to believe that with greater than 3 years of experience, she knew and should have ensured that she was removed from the derivative UIC upon completion of her mobilization and placed in a valid position within the unit prior to entering ADOS on 16 May 2009 as the derivative UIC was established to mobilize the Soldiers for deployment and held no structure.  Per memorandum signed by the Chief, Army Reserve, on 4 December 2009, officers on ADOS tours and selected by a mandatory promotion board must be assigned to a position requiring the next higher grade.  Had the applicant properly executed the duties of the S-1/adjutant, she would have been in a position to accept promotion at the earlier date.  Because she did not, she is a significant contributor to the administrative error claimed as her ADOS and follow-on CO-ADOS tour are being performed at the battalion.  The opinion recommended that the applicant's effective date and date of rank not be changed.

11.  In response to the advisory opinion, the applicant provided a memorandum from her brigade S-1/adjutant.  The memorandum states that as the battalion 
S-1, the applicant did not have access rights to move/reassign personnel to different UIC's.  Responsibility for moving personnel between UIC's is at the brigade level.  Unfortunately, during that time period the brigade did not have a unit administrator.  Those duties were performed by a noncommissioned officer (NCO) who was not aware of the policy or process.  The brigade S-1/adjutant states he takes full responsibility for not ensuring the applicant was transferred from the derivative UIC to a valid position.  Within the first week of the arrival of the brigade S-1 NCO, the error was identified and immediate action was taken to reassign Soldiers.  The brigade S-1/adjutant contends that the applicant should not be penalized for actions or lack thereof that were beyond her control.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her military records should be corrected to show her effective date and date of rank for CPT/pay grade O-3 as 8 April 2010.

2.  The advisory opinion contends that the applicant, as the battalion S-1/
adjutant, was significantly responsible for her not being reassigned to a valid position and, therefore, should not have her effective date and date of rank changed.  However, the brigade S-1 clearly stated the applicant had no such responsibility or authority to move personnel between UIC's.

3.  The available evidence shows she was selected for promotion to CPT by the FY10 RC/APL released on 8 April 2010.  However, due to no fault of her own, her promotion was delayed to 7 May 2010 because she had not been properly reassigned to a valid position.

4.  In view of the above and notwithstanding the advisory opinion, the applicant's effective date and date of rank should be corrected to reflect 8 April 2010.



BOARD VOTE:

__X_____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  amending the applicant's promotion orders to show her effective date and date of rank to CPT as 8 April 2010 and

	b.  paying her any monies due as a result of this correction.



      ___________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)                                         AR20100021381



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ABCMR Record of Proceedings (cont)                                         AR20100021381



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