BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110013046 


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 military records to show his date of rank (DOR) for lieutenant colonel (LTC)/O-5 as 3 January 2011.

2.  The applicant states he believes his DOR for LTC should be 3 January 2011 because that was the approval date of the promotion board that met in October 2010.  He further believes the error occurred while he was mobilized with his unit, the 75th Division, in Houston, Texas.  He contends that in May 2010 he was assigned to an LTC/O-5 position.  However, this assignment action was not officially posted to the Unit Manning Report (UMR) until 24 March 2011.  He argues that his supporting documents provide the details of his assignment.

3.  The applicant provides the following documents:

* DA Form 67-9 (Officer Evaluation Report (OER)) ending on 10 December 2010
* Request for Adjustment to Effective Date of Promotion, dated 3 May 2011
* Orders B-04-102450, U.S. Army Human Resources Command (HRC), Fort Knox, Kentucky, dated 19 April 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty) and DD Form 214C (Continuation Sheet), ending on 30 May 2011





CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted his application he was assigned as an LTC/O-5 with Headquarters, 1st Battle Command Training Brigade, 75th Battle Command Training Division, Houston, Texas.  In October 2011 he was reassigned to the 4960th Multi-Functional Training, Honolulu, Hawaii.

2.  In a memorandum from the Assistant Adjutant, Headquarters, U.S. Army Reserve Command, dated 10 August 2004, the applicant was notified of his promotion to major (MAJ)/O-4, Infantry.  His DOR was established as 6 July 2004.

3.  The OER provided by the applicant reports that he performed duties as 
"O/C-T Team Chief" from 21 May to 10 December 2010.  In Part VII (Senior Rater) states he had personally selected the applicant to fill a challenging LTC leadership position as an Exercise Team Leader and he had performed superbly.

4.  Orders B-04-102450, HRC, dated 19 April 2011, notified the applicant of his promotion to LTC/O-5, Infantry.  His DOR and effective date for this promotion was shown as 24 March 2011.

5.  The memorandum, dated 3 May 2011, as provided by the applicant, indicates he had requested an adjustment of his effective date for promotion to LTC.

	a.  He argues that in May 2010, he was mobilized in support of Operation Enduring Freedom and Operation Iraqi Freedom/New Dawn.  That same month he was assigned to an LTC position to perform as a team chief.  He was not moved on the UMR from the MAJ/O-4 position because his mobilized status prevented such.

	b.  After release of the LTC promotion list in 2011, it took 2 months and a visit by the Inspector General before he received his promotion orders in mid-April 2011.  His DOR was established as 24 March 2011 because that was the date he was moved on the UMR to an LTC position.

	c.  He was told the command could not back date a promotion even though he was performing the duties prior to and after the LTC promotion board approval date of 3 January 2011.

	d.  Based on his argument, as summarized above, he requested an adjustment of the effective date of promotion to LTC to 3 January 2011, the earliest date possible.

6.  On 3 May 2011, the applicant's commander stated in a Memorandum for Record that the applicant had served as a team chief for 11 months and was rated as such.  Even though he was selected and assigned in an LTC position, it was understood that his mobilized status prevented him from being moved on the UMR.

7.  On 3 May 2011, the Commanding General, 75th Battle Command Training Division recommended approval of the applicant's request to adjust the effective date of his promotion to LTC.  The request indicates it was sent to the Chief of Promotions, HRC; however, the response from HRC, if any, is not available for review.

8.  In the processing of this case, an advisory opinion was obtained from the Chief, Officer Promotions Branch, HRC.  The opinion stated the applicant's DOR of 24 March 2011 for LTC was correct.

	a.  On 2 April 2011, the Officer Promotions Reserve Component Orders Proponent received AHRC Form 56-R (Promotion Qualification Statement) and a Personnel Qualification Record.  Both documents had the same effective date of 1 November 2010; however, each showed a different paragraph/line number for the applicant's duty position.

	b.  The applicant's promotion was held in abeyance pending clarification of his duty position.  On 13 April 2011, such clarification was provided, showing the applicant was assigned to an LTC position effective 24 March 2011.  His promotion orders were processed accordingly.

	c.  The opinion further stated the applicant's OER does not validate the effective date or the authorized position that he was filling was an LTC leadership position.

	d.  The opinion further states that if the applicant can provide proof of assignment substantiated by the UMR and a new AHRC Form 56-R showing an earlier date of assignment to an LTC position he would be eligible to be promoted accordingly.  The opinion noted the Regional Level Application Software only provides a snapshot of current assignment information, whereas the UMR provides historically based information.

9.  On 1 March 2012, a copy of the advisory opinion was sent to the applicant for his information and opportunity to provide his comments or rebuttal.  No response was received.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his military records should be corrected to show his DOR for LTC as 3 January 2011 because he was assigned to an LTC position prior to that date.

2.  The available evidence indicates the applicant was in a MAJ's position at the time of mobilization and he could not be moved from this position until completion of such mobilization.

3.  The applicant's OER indicates he had served in a team leadership position with the responsibilities of an LTC from May to December 2010.  However, this document is not sufficient proof of assignment to an LTC position.  The required documents are AHRC Form 56-R and the UMR.

4.  The available evidence shows the applicant's promotion was held in abeyance pending clarification of his duty position and date of assignment.  Only after receiving such clarification did HRC publish his promotion orders.

5.  In view of the above, there is no apparent error or injustice.  Therefore, the applicant's request should be denied.

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)                                         AR20110013046



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013046



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1