IN THE CASE OF:
BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110001475
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) for promotion to Lieutenant Colonel (LTC/O-5) be corrected from 16 July 2010 to 13 July 2010.
2. The applicant states his DOR was recorded as 16 July 2010 due to maximum time-in-grade (TIG) having been reached. However, he was assigned to an LTC/O-5 Active Guard Reserve (AGR) position on 13 July 2010 and that should have been his DOR.
3. The applicant provides:
* email between himself and his career manager
* his DA Form 31 (Request and Authority for Leave)
* copy of Memorandum For: Commander, Military Personnel Service Center, Subject: Duty Memorandum
CONSIDERATION OF EVIDENCE:
1. The applicant is a U.S. Army Reserve (USAR) officer serving on an AGR tour.
2. The applicant was a Major (MAJ/O-4) with a DOR of 17 July 2003 when he was ordered to active duty in an AGR assignment coded for an LTC/O-5. His orders were dated 5 April 2010 and had a reporting date of 19 July 2010 with early reporting authorized.
3. The applicant reported to his new assignment on 13 July 2010. He corresponded with his career manager at the U.S. Army Human Resources Command (AHRC), Fort Knox, KY via email concerning his DOR to LTC. His career manager stated, "Your promotion was held up because you must be in a valid O5 position. Once you are signed in, I can forward your 56-R to Promotions to cut your orders. Once they are cut, your DOR will be the day you signed in [emphasis added].
4. On 13 July 2010, the applicant forwarded proof of his having signed in to his O-5 position to his AHRC career manager. When his promotion orders were published, his DOR was established as 16 July 2010.
5. In the processing of this case, an advisory opinion was obtained from the Chief, Officer Promotions Special Actions, AHRC, Fort Knox which states the request cannot be approved because the AHRC Form 56-R was not received prior to his having reached his maximum TIG [the maximum TIG for O-4 is 7 years, making 16 July 2010 the applicant's maximum TIG date]. The advisory opinion further states promotion is dictated by Title 10 U. S. Code (USC) section (§)14304.
6. The applicant was provided an opportunity to respond to the advisory opinion. He stated he did what was requested of him by his career manager, but it is not his responsibility to complete the AHRC Form 56-R; it is the career manager's responsibility. His career manager told him to submit his DA Form 31 when he signed in and he would be given the sign-in date as his DOR. He signed in on 13 July 2010. The applicant asks the advisory opinion be discounted.
7. Army Regulation 135-155 provides policy and procedures for the selection and promotion of commissioned officers of the USAR. It states AGR officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade. An AGR officer who is selected for promotion by a mandatory promotion board, but who is not assigned/attached to a position in the higher grade, will be promoted on the date of assignment/attachment to a higher graded position. The date of rank will be the date the officer attained maximum TIG or the date on which assigned/attached to a position in the higher grade, whichever is earlier.
DISCUSSION AND CONCLUSIONS:
1. The applicant was a MAJ ordered to active duty in an AGR assignment requiring an LTC. His maximum TIG date for promotion to LTC was 16 July 2010. He was told by his career manager he would be promoted to LTC effective the date he signed in to his AGR assignment. That date was 13 July 2010.
2. On 13 July 2010, the applicant's career manager was supposed to submit an AHRC Form 56-R to Promotions Branch to effect the applicant's promotion. According to the Chief, Officer Promotions Special Actions, the AHRC Form 56-R did not arrive before 16 July 2010, requiring the applicant's DOR to be his maximum TIG date (16 July 2010). The Chief, Officer Promotions Special Actions, in an advisory opinion, recommended denial of the request.
3. The advisory opinion notwithstanding, in the interest of justice and equity, the applicant's date of rank should be adjusted to 13 July 2010, the date he was promised by his career manager and the date he was assigned to an LTC position.
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:
a. showing that the applicant's AHRC Form 56-R was received by Promotions Branch, AHRC, in sufficient time to establish his DOR as 13 July 2010; and by
b. adjusting the applicant's DOR to LTC from 16 July 2010 to 13 July 2010.
_______ _ 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) AR20110001475
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ABCMR Record of Proceedings (cont) AR20110001475
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