BOARD DATE: 27 October 2011
DOCKET NUMBER: AR20110006095
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 his captain (CPT) date of rank (DOR).
2. The applicant states his prior Reserve unit did not notify him of his promotable status while he was serving overseas for diplomatic service on Department of State orders. He claims his current Reserve unit found the promotion letter and is seeking to correct his DOR.
3. The applicant provides the documents identified in the supporting document information section of his application in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicants record shows he was appointed a second lieutenant in the U.S. Army Reserve (USAR). On 17 August 2003, he was promoted to first lieutenant.
2. U.S. Army Human Resources Command (HRC) published a Notification of Promotion memorandum on 22 February 2007. This memorandum confirmed the applicant had been selected for promotion to CPT with a promotion eligibility date of 18 August 2008. The memorandum stipulated that in order to be promoted the applicant had to remain in an active status and meet the regulatory promotion eligibility criteria.
3. In connection with the processing of this case an advisory opinion was obtained from the Chief, Officer Promotions, Special Actions, HRC. This official indicates that based on the information provided by the applicant in his request for promotion should not be approved. He further indicates the applicant was selected for promotion during the Fiscal Year 2006 CPT Army Promotion List (APL) selection board. However, upon approval of the selection list the applicant was coded promotion ineligible due to being under a Flag (Suspension of Favorable Personnel Actions) for an Army Physical Fitness Test (APFT) failure and a second Flag code was assigned him for exceeding height/weight requirements as of 7 February 2009. The Flag was subsequently removed on
1 April 2010. He further confirms the office of promotions received validation that the applicant was assigned to a valid CPT position on 30 June 2008; however, he remained ineligible for promotion due to being under a Flag action. This official states if the applicant was promotion eligible upon release of the promotion list the earliest date he could have been promoted was 30 June 2008, the date he was assigned to a CPT position; however, orders were published promoting him on the date the Flag action was lifted.
4. On 22 August 2011, the applicant was provided a copy of the HRC advisory opinion in order to have the opportunity to respond to or rebut its contents. 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 Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers of the USAR. Paragraph 4-21 provides guidance on promotion effective dates. It states in the case of unit officers the effective date and date of promotion will be the date of assignment to the higher graded position. It further stipulates promotion of selected officers will be automatically delayed if he/she is under or should be under a suspension of favorable personnel actions or when the officer is documented as overweight or has failed the APFT.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for a change to his CPT promotion date has been carefully considered. However, there is insufficient evidence to support the claim.
2. By regulation, for unit officers the effective date and date of promotion will be the date of assignment to the higher graded position. The regulation further provides for an automatic delay of promotion for those officers under a suspension of favorable personnel actions or when the officer is documented as overweight or has failed the APFT.
3. The HRC advisory opinion confirms the applicant was ineligible for promotion on the date he was assigned to a valid CPT position, due to a FLAG action based on failure of an APFT and being overweight. Absent evidence that rebuts these facts, there is an insufficient evidentiary basis to support granting the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X______ __X______ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20110006095
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