IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110004459
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 major/O-4 (MAJ/O-4) date of rank be changed from 1 June 2010 to 28 April 2009.
2. The applicant states when he was not properly considered by the 2009 MAJ/O-4 Reserve Component Selection Board (RCSB), his record was referred to a Special Selection Board (SSB). In 2010, he was selected for promotion by the 2010 Army Medical Department (AMEDD) MAJ/O-4 RCSB and he was promoted to MAJ/O-4 on 1 June 2010, prior to release of the SSB results. He believes if his records were reviewed by the 2009 RCSB he would have been promoted upon the Presidential approval date of that board on 28 April 2009.
3. The applicant provides the following documents in support of his application:
* Federal Recognition Orders, dated 1 June 2010
* State Assignment Orders 010-890, dated 10 January 2008
* Unit Manning Report Position Data
* National Guard Bureau (NGB) Promotion Orders, dated 1 June 2010
* U.S. Army Human Resources Command Promotion Memorandum, dated 16 November 2010
CONSIDERATION OF EVIDENCE:
1. The applicants record shows he was appointed a captain/O-3 in the Arkansas Army National Guard (ARARNG) on 17 April 2007.
2. On 1 June 2010, the NGB published a memorandum, Subject: Promotion as a Reserve Commissioned Officer of the Army. It indicated the applicant was promoted to MAJ/O-4 effective and with a date of rank of 1 June 2010. The NGB also published Special Orders 112 AR on the same date extending Federal Recognition to the applicant as a MAJ/O-4, effective 1 June 2010.
3. In connection with the processing of this case an advisory opinion was obtained from the NGB Chief, Personnel Policy Division. NGB recommends the applicants request be approved and that the effective date of his promotion to MAJ/O-4 and date of rank to that grade be adjusted to 28 April 2009, and that he be provided all back pay and allowances due as a result. It further indicates the applicant was selected for promotion to MAJ/O-4 by an SSB under the criteria of the 2009 MAJ/O-4 RCSB and by regulation the effective date of promotion and date of rank of those officers selected for promotion by a SSB will be the same as if the officer had been recommended for promotion to that grade by the mandatory board that should have or did consider him/her.
4. On 16 March 2011, the applicant was provided a copy of the NGB advisory opinion in order to have the opportunity to respond. To date he has failed to reply.
5. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the ARNG and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR). It states, in pertinent part, that if an officer is selected for promotion by special selection board, the officers date of rank and promotion effective date for pay and allowances will be the same as if the officer had been recommended for promotion to that grade by the mandatory RCSB that should have considered, or that did, consider the officer.
DISCUSSION AND CONCLUSIONS:
The applicants request for an adjustment to his MAJ/O-4 date of rank has been carefully considered and found to have merit. The evidence of record confirms the applicant was selected for promotion to MAJ/O-4 by an SSB that considered him under the criteria used by the 2009 MAJ/O-4 RCSB, which was approved by the President on 28 April 2009. As a result, it would be appropriate to adjust his MAJ/O-4 promotion and effective date and date of rank to 28 April 2009 and to provide him all back pay and allowances due as a result.
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 adjusting his MAJ/O-4 promotion effective date and date of rank to 28 April 2009 and by providing him all back pay and allowances due as a result.
____________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) AR20110004459
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