IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110008486
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, in effect, correction of her military records to show her date of rank (DOR) for colonel (COL) as 3 March 2009.
2. The applicant states, in effect, that she had the maximum time in grade (TIG) and was deployed. Accordingly, she should have been promoted to COL with a DOR of 3 March 2009. She contends that her DOR for lieutenant colonel (LTC) was incorrectly recorded in her military records.
3. The applicant provides copies of her deployment orders, State promotion orders, Promotion Memorandum, Federal Recognition orders, and the Department of the Army Personnel Policy Guidance for Overseas Contingency Operations, paragraph 13-10b(3)(d).
CONSIDERATION OF EVIDENCE:
1. At the time of the applicant's application, she was a COL, pay grade O-6, in the Army National Guard (ARNG) deployed overseas.
2. A National Guard Bureau (NGB) memorandum, dated 6 November 2003, indicates the applicant was promoted to LTC, pay grade O-5 with a DOR of
3 March 2003 and an effective date of 6 November 2003.
3. Special Orders Number 282 AR, NGB, dated 6 November 2003, indicate that the applicant's promotion to LTC, pay grade O-5 received Federal recognition with an effective date of 6 November 2003 and a DOR of 3 March 2003.
4. On 1 February 2007, the applicant wrote a memorandum for the Deputy Chief of Staff, Puerto Rico ARNG, wherein she discussed in detail the issue of her DOR for LTC being incorrectly entered into the data base. Due to this error, she had been denied consideration by the 2006 mandatory promotion board for COL.
5. An NGB memorandum, dated 19 October 2009, indicates the applicant was promoted to COL, pay grade O-6 with a DOR and effective date of 19 October 2009.
6. Special Orders Number 253 AR, NGB, dated 19 October 2009, extended the applicant Federal recognition in the rank of COL, pay grade O-6, effective
19 October 2009.
7. In processing this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB. The opinion stated, in effect, the applicant was promoted to LTC on 6 November 2003 and that effective 2006 the maximum TIG as a LTC for promotion was 6 years. Based on the applicant's promotion to LTC on 6 November 2003, she would have reached her maximum TIG for promotion to COL on 6 November 2009. However, she was promoted to COL on
19 October 2009 before reaching her maximum TIG as an LTC; therefore, the opinion recommends denial of the applicant's request to change her DOR to COL.
8. On 18 January 2012, a copy of the advisory opinion was sent to the applicant for her information and opportunity to rebut. In her rebuttal, she requested that the Board consider correcting her DOR for COL to 3 March 2009 based on her reaching the maximum TIG on 3 March 2009. She further states that by the time she learned her DOR for LTC was incorrect in her records it was too late for consideration by the 2006 mandatory promotion board.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DOR for COL should be changed to 3 March 2009 based on her correct DOR for LTC of 3 March 2003. She further contends that she was denied consideration by a previous mandatory promotion board due to the record keeping error concerning her DOR for LTC.
2. The available evidence clearly shows the applicant was promoted to LTC with a DOR of 3 March 2003 and that she had reached the 6 years maximum TIG on 3 March 2009 for promotion consideration to COL.
3. The applicant was promoted to COL with an effective date and DOR of
19 October 2009.
4. The advisory opinion based its argument on the applicant having a DOR for LTC of 6 November 2003 when, in fact, her DOR was 3 March 2003. It appears that her DOR was incorrectly transcribed from the orders to the personnel data base.
5. Given a 6-year maximum TIG requirement, the applicant's DOR for COL should be 3 March 2009. Notwithstanding the advisory opinion, the applicant's DOR should now be corrected.
6. Furthermore, based on this correction, it would be appropriate to review the applicant's records to determine if the erroneous DOR has prohibited her from being properly considered by any previous mandatory promotion boards for COL.
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 and Army National Guard records of the individual concerned be corrected by:
a. amending her promotion memorandum, dated 19 October 2009, to show her promotion effective date/DOR for COL as 3 March 2009;
b. auditing her military records based on a DOR of 3 March 2003 for LTC and submitting her records to a duly-constituted Special Selection Board (SSB) for mandatory promotion consideration for COL under any and all years she may have been eligible for such consideration;
c. if selected for promotion by any of those SSBs, showing her records are further corrected as determined by appropriate Departmental officials, under the year criteria, provided she was otherwise qualified and met all other prerequisites for promotion;
d. notifying her, if she is not selected; and
e. auditing her military pay records and paying her all monies due as a result of these corrections.
_______ _ 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) AR20110008486
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