IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20100027893 


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) to major/pay grade O-4 be adjusted to 3 June 2010, the date the 2010 Major Selection Board results were approved.

2.  The applicant states he was in an O-4 slot with his home unit, Facility Engineer Center (Southeast) prior to his deployment.  However, on 15 April 2010 he was cross leveled for deployment with his current unit, 643rd Regional Support Group (RSG).  He contends he would have been promoted on 3 June 2010 had he not been involuntarily transferred due to deployment.  His original AHRC 56-R (Promotion Qualification Statement) was completed by his current unit while he was Advanced Echelon (ADVON) to Kandahar Airfield, Afghanistan and they were unaware he had previously been assigned to an O-4 position.  The date in block 2i (Date Assigned/Matched to Position) on AHRC 56-R should read "20090928 and not "20100707." 

3.  The applicant provides copies of:

* Total Army Personnel Database - Reserve, Unit Manning Report, as of 
6 March 2010
* Orders Number 10-116-00001, issued by the 416th Theater Engineer Command, Darien, IL, dated 26 April 2010
* Orders Number CA-173-0004, issued by Camp Atterbury, Edinburgh, IN, dated 22 June 2010
* AHRC Form 56-R, dated 8 June 2009, marked "Final Corrected Copy"
* Request for a Change to Date of Rank, dated 19 October 2010
CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant on 17 August 1996 in the U.S. Army Reserve (USAR).  He later transferred to the Army National Guard and is currently serving as a MAJ in the USAR.

2.  The applicant served in Afghanistan during the period 27 June 2010 to 8 June 2011.

3.  The Facility Engineer Center (Southeast) unit manning report (UMR) provided by the applicant shows he was assigned to position number "5290" as an electrical engineer and slotted in an O-4 position effective 28 September 2009.

4.  On 15 April 2010, the applicant was involuntarily cross-leveled to another unit in a "9992" (Awaiting Position) slot for mobilization.

5.  An Integrated Web Service (IWS) printout, dated 23 June 2010 shows the applicant was assigned to a "9992" position effective 15 April 2010 while assigned to the 643rd Combat Support Group, Headquarters, Headquarters Detachment, RSG.

6.  The applicant was considered and selected by the 2010 Major, Army Promotion List, Department of the Army Reserve Components Selection Board (RCSB).  The board results were approved on 3 June 2010.

7.  A promotion worksheet and AHRC Form 56-R filed in the applicant's official military personnel file (OMPF) shows the officer's position upon promotion would be 0145/9992 and he was assigned to that position effective 7 July 2010.

8.  A corrected AHRC Form 56-R, dated 18 August 2010, shows he would be assigned to an O-4 position with the 729th Engineer Detachment, 643rd RSG, effective 28 September 2009 under position number "0145."

9.  Orders B-07-004903, issued by the U.S. Human Resources Command, dated 23 July 2010, promoted him to major with an effective date and DOR of 
7 July 2010.

10.  In the processing of this case, an advisory opinion was received from the Deputy Chief of Staff, G-1, Headquarters, United States Army Reserve Command.  The advisory official recommended approval of the applicant's request for an earlier DOR.  The official stated prior to being involuntarily transferred for the purpose of mobilization, the applicant was assigned to an O-4 position, effective 28 September 2009.  Therefore, as a mobilized Soldier, the applicant had to be matched against an O-4 vacancy and upon release from active duty had 180 days to be assigned to that slot or another of commensurate grade to which promoted or be reassigned to the Individual Ready Reserve (IRR).

11.  On 25 May 2011, the applicant concurred with the advisory opinion.

12.  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 officers.  It states in:

	a.  Paragraph 4-18, the Secretary of the Army may determine whether an adjustment must be made to an officer's DOR and effective date of promotion due to an involuntary delay of promotion of the officer.

   b.  Paragraph 4-21b, the effective date and date of promotion will be no earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer is assigned to the position, whichever is later.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his date of rank (DOR) to major/pay grade O-4 be adjusted to 3 June 2010, the date the board results were approved.

2.  The evidence confirms he was selected for promotion to major by the 2010 RCSB with an approval date of 3 June 2010.  The UMR and corrected AHRC Form 56-R show he was assigned to a major/O-4 slot effective 28 September 2009, prior to his involuntary transfer for the purpose of mobilization on 14 April 2010.

3.  If the proper documents had been timely submitted, received, and reviewed the applicant would have been promoted to major with a date of rank and effective date of 3 June 2010.  His promotion was delayed through no fault of his own.

4.  In view of the foregoing, his request should be granted.



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 he was promoted to major with an effective date and DOR of 3 June 2010, 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)                                         AR20100027893





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ABCMR Record of Proceedings (cont)                                         AR20100027893



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