IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110019030
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 reconsideration of the correction of his date of rank (DOR) to major (MAJ) from 1 August to 25 January 2010.
2. The applicant states he believes the Board assumed he was moved into his current billet on 1 August 2010, which is incorrect. He claims he was moved into the higher position upon his return from Operation Iraqi Freedom on 25 January 2010.
3. The applicant provides:
* Cover Letter, Board for Correction of Military Records, dated 22 June 2011
* Record of Proceedings, Army Board for Correction of Military Records (ABCMR), dated 21 June 2011
* Unit Manning Report, page 3 of 6, dated 8 August 2011
* Orders 028-334, dated 28 January 2010
* Fiscal Year (FY) 2010 MAJ, Reserve Component/Army Promotion List (RC/APL) Selection Board Results, page 10 of 21, dated 29 June 2010
* Special Orders 166 AR, dated 2 August 2010
* Special Orders 169 AR, dated 26 July 2011
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100020856, on 21 June 2011.
2. The applicant has provided a Unit Manning Report, page 3 of 6, dated
8 August 2011 and the FY 2010 MAJ, RC/APL, Selection Board Results, page
10 of 21, dated 29 June 2010, which were not previously reviewed by the Board. These documents are considered new evidence and as such warrants consideration by the Board.
3. The applicant was appointed as a second lieutenant in the New Jersey Army National Guard on 27 August 1999. He was subsequently promoted to the rank of first lieutenant and later to the rank of captain on 30 September 2003.
4. His record contains and the applicant provided Special Orders Number 166 AR, dated 2 August 2010, which show he was promoted to the rank of MAJ on 2 August 2010.
5. His record also contains and the applicant provided Special Orders Number 169 AR, dated 26 July 2011, which show his DOR for promotion to the rank of MAJ was amended by one day to 1 August 2010.
6. The applicant provides a Unit Manning Report from Headquarters, 57th Troop Command, dated 8 August 2011, which shows he was assigned in paragraph/line 015C 01, as an Operations Officer in a MAJ/O-4 billet. He also provides Orders 028-334, State of New Jersey, Department of Military and Veterans Affairs, dated 28 January 2010, which ordered him to active duty in an Active Guard Reserve (AGR) status for the period 25 January 2010 through
1 August 2016, in paragraph/line 015C 01, as an Operations Officer. He further provides an extract of the FY2010 MAJ, RC/APL Selection Board Results released on 29 June 2010, which identifies his name and branch.
7. An analyst for the Board contacted a representative from the Army Human Resources Command Officer Promotions Branch who confirmed the FY2010 MAJ, RC/APL Selection Board was approved on 3 June 2010.
8. Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers, other than General Officers), paragraph 4-21, states the effective date of promotion may not precede the date of the promotion memorandum. An officer is promoted after selection if all qualifications for promotion are met. When an officer does not meet the qualifications for promotion, the effective date of promotion will not be earlier than the later date all qualifications are met. In no case will the DOR or effective date of promotion be earlier than the date the board is approved, or, if required, the date of Senate confirmation. Paragraph 4-21d further provides that AGR officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade. An AGR officer who is selected for promotion by a mandatory promotion board but 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 or the day after release from AGR status. The DOR will be the date the officer attained maximum time in grade or the date on which assigned/attached to a position in the higher grade, whichever is earlier. Table 2-1 states the maximum years (mandatory promotion) in grade required as a CPT for promotion to MAJ is 7 years.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for reconsideration of correction of his DOR to MAJ from 1 August 2010 to 25 January 2010 has been carefully reexamined and found to have partial merit.
2. Evidence shows the applicant was selected by a mandatory board which was approved on 3 June 2010, for promotion to the rank of MAJ. The applicant provided documentation which supports his contention that he was assigned as an Operations Officer in a MAJ/O-4 billet prior to 3 June 2010. Accordingly, his DOR should be corrected to show he was promoted to the rank of MAJ on 3 June 2010 vice 1 August 2010.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X ___ ___X____ _ __X _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20100020856, dated 21 June 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was promoted to the rank of MAJ on 3 June 2010 instead of 1 August 2010.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adjusting his DOR for promotion to MAJ to 25 January 2010.
__________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) AR20110019030
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