IN THE CASE OF:
BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110018065
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 change of his date of rank (DOR) for promotion to the rank of captain (CPT) from 15 October to 9 September 2008.
2. The applicant states he was assigned to a CPTs position on 9 September 2008; however, he was not promoted to the rank of CPT until 15 October 2008 because officials at the U.S. Army Human Resources Command (USAHRC) did not see that he was in a CPTs position until 15 October 2008. He goes on to state that the difference of 37 days can cause him a 1-year delay in consideration for further promotion.
3. The applicant provides a copy of his transfer orders and a copy of the Unit Manning Report (UMR) showing the position is a CPTs position.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as an infantry second lieutenant (2LT) in the Massachusetts Army National Guard (MAARNG) 20 May 2002. He was ordered to active duty on 18 May 2004, he was promoted to the rank of first lieutenant (1LT) on 19 May 2004, and he deployed to Egypt and Iraq. He was released from active duty on 13 June 2006.
2. On 24 August 2008, he was honorably discharged from the MAARNG and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
3. Orders C-09-816067, issued by USAHRC, St. Louis, MO, dated 9 September 2008, transferred the applicant to an infantry battalion in Ayer, MA. The position number he was assigned to was a CPT position and the effective date was
9 September 2008. The applicant was promoted to CPT on 15 October 2008.
4. The applicant was ordered to active duty in support of Operation Enduring Freedom from 1 July 2009 to 1 May 2010.
5. In the processing of this case, on 30 December 2011, a staff advisory opinion was obtained from the DA Promotions, Special Actions Branch, USAHRC, Fort Knox, KY. The advisory official opined that the applicant was recommended for promotion on the Fiscal Year (FY) 2008 Reserve Component, Army Promotion List approved on 8 February 2008. Inasmuch as an AHRC Form 56-R (Promotion Qualification Statement) was not received from his command, the applicant was promoted to CPT on 15 October 2008, the date he was assigned to the CPT position. The advisory official also provides that in order to amend his DOR, the USAHRC requires an AHRC Form 56-R validated by the chain of command verifying that the applicant was assigned or matched against a CPT or higher graded position. Officials at the USAHRC recommended denial of the applicants request.
6. On 4 January 2012, the advisory opinion was provided to the applicant by email for information and to allow him the opportunity to submit comments or a rebuttal. On the same day the applicant responded to the effect that he had provided a copy of his transfer orders into a CPTs billet and a copy of the UMR showing the position was a CPTs position. He further states he could have the unit verify that information, if needed.
7. The UMR provided by the applicant, dated 9 August 2011, does not contain the applicants name. However, the position in question is a CPTs position.
8. Title 10, U.S. Code, section 14304 provides the legal authority for eligibility for consideration for promotion based on maximum years in grade (MYIG) as provided by law. Paragraph (a) states that officers shall be placed in the promotion zone and shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a) of this title, far enough in advance of completing the MYIG so that if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service. If the officer occupies a position equal to or higher than the grade to which they are being promoted, they may be promoted before they reach their MYIG.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DOR for promotion to CPT should be adjusted from 15 October to 9 September 2008 has been noted and appears to lack merit.
2. The applicant was selected by a duly constituted promotion selection board and he was properly promoted to CPT effective the date he was assigned to a valid higher graded position.
3. It is also noted that the advisory opinion clearly states the USAHRC can adjust his DOR if his unit provides the necessary documents (AHRC Form 56-R) verifying his contentions; however, the applicant has provided no indication that he has attempted to do so.
4. In the absence of evidence to show that he was assigned to a valid CPTs position prior to 15 October 2008, there appears to be an insufficient evidentiary basis for granting the applicants 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) AR20110018065
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ABCMR Record of Proceedings (cont) AR20110018065
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