BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20110018298
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 date of rank (DOR) to major (MAJ)/pay grade O4 be changed to 2 May 2002. He also requests that based on this correction his DOR to lieutenant colonel (LTC)/pay grade O5 be changed.
2. The applicant states he understands there could have been an error in the misplacement of the memorandum, dated 27 December 2002.
3. The applicant provides a memorandum, dated 27 December 2002, from the U.S. Army Personnel Command (now known as the U.S. Army Human Resources Command (HRC)).
CONSIDERATION OF EVIDENCE:
1. He was commissioned a second lieutenant in the Mississippi Army National Guard (MSARNG) on 25 June 1988.
2. A memorandum, dated 27 December 2002, notified the Army National Guard Personnel Center, Arlington, VA that the applicant had been selected for promotion to MAJ by a Department of the Army Mandatory Board that adjourned on 5 August 2002. According to the memorandum:
* his effective date of promotion was 2 May 2002
* the date of Federal recognition was extended in the higher grade; or
* the date following the date Federal recognition was terminated in current Reserve grade
3. On 13 June 2003, he was discharged from the MSARNG in the rank of captain/pay grade O3 and transferred to the U.S. Army Reserve (USAR).
4. Departments of the Army and the Air Force, National Guard Bureau, Special Orders Number 159 AR, dated 24 June 2003, withdrew his Federal recognition as a captain effective 13 June 2003 due to his transfer to the USAR.
5. An HRC memorandum, dated 5 August 2003, promoted him to MAJ with an effective date and DOR of 18 July 2003.
6. On 17 July 2010, he was promoted to LTC.
7. An interoffice memorandum, dated 19 October 2011, to Special Actions Branch, HRC, the applicant transferred to a troop program unit (TPU) effective 13 June 2003. He was promoted to Major based on a special selection board recommendation as a TPU with a DOR of 18 July 2003.
8. During the processing of this case an advisory opinion was obtained from the Nation Guard Bureau (NGB). The applicant was provided a copy of the opinion and an opportunity to submit a rebuttal. However, no response has been received from him.
9. The NGB recommends disapproval of his request to change his DOR.
a. According to the MSARNG he was not assigned in a higher grade at the time of selection for promotion.
b. Printouts from the HRC Integrated Web Services site confirm the applicant was promoted to MAJ upon transfer into the USAR effective 18 July 2003.
10. Paragraph 8-2(b) of National Guard Regulation 600-100 (Commissioned Officer - Federal Recognition and Related Personnel Actions) states an officer's promotion will be accomplished only when an appropriate Mission Table of Organization and Equipment or Table of Distribution and Allowances position vacancy exists in the unit.
11. Paragraph 4-9 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) states USAR TPU officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade. A USAR TPU officer who is
selected for promotion by a mandatory promotion board, but who is not assigned/attached to a position in the higher grade will be promoted on the date of assignment/attachment to a higher-graded position.
DISCUSSION AND CONCLUSIONS:
1. At the time he was selected for promotion to MAJ he was in the ARNG and not assigned to a MAJ position and apparently there were no MAJ position vacancies available. Therefore, he cannot now have his DOR back dated to a point where he was not promotable in the MSARNG due to not being in a MAJ position.
2. It appears that upon his transfer to a USAR he was immediately assigned to a TPU and a MAJ position was not available. However, based on an SSB recommendation he was promoted to MAJ effective 18 July 2003. That appears to be the date he was assigned to a MAJ position.
3. In view of the above, his DOR for promotion to MAJ is correct and no basis has been established for adjusting his DOR for promotion to LTC.
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) AR20110018298
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ABCMR Record of Proceedings (cont) AR20110018298
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