BOARD DATE: 11 December 2012
DOCKET NUMBER: AR20120000933
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 adjustment of his promotion to major (MAJ) in the U.S. Army Reserve (USAR) from 19 October 2011 to 7 April 2011.
2. The applicant states:
* he was told he occupied a valid and qualified position as a MAJ in his unit on 7 April 2011 and that his unit submitted a U.S. Army Human Resources Command (AHRC) Form 56-R (Promotion Qualification Statement)
* upon departure of his unit S-1, a sergeant first class took over the duties and reported that the transfer to the higher position was delayed
* a lapse on the part of his unit S-1 resulted in the submission of an AHRC Form 56-R without first moving him from the excess position
* he was unaware that he had not been moved from his original position and he believed he was still fully qualified for the higher position and thus the promotion
* he made several attempts to rectify the situation and ultimately an AHRC Form 56-R was submitted that led to the delayed promotion
3. The applicant provides:
* self-authored memorandum, dated 5 January 2012
* DA Form 2B (Personnel Qualification Record (PQR)), dated 23 January 2008 and 7 April 2011
* mobilization Orders A-03-007121, dated 9 March 2010
* DA Form 67-9 (Officer Evaluation Report) for the period ending 4 November 2010
* mobilization Orders A-12-035136, dated 21 December 2010
* Unit Manning Reports (UMR), dated 7 April 2011, 8 November 2011, and 13 November 2012
* AHRC Forms 56-R, dated 8 April 2011, 8 and 9 November 2011, and 9 November 2012
* memorandum, Office of the Chief, Army Reserve, dated 30 April 2010, subject: Promotion of Mobilized and Active Duty for Operational Support Army Reserve Troop Program Unit (TPU) Officers
* memorandum, Headquarters, 88th Regional Support Command, dated 7 June 2011, subject: Notification of Selection for Promotion
* promotion Orders B-11-107506, dated 16 November 2011
* 4225th U.S. Army Hospital Newsletter, dated December 2011
* memorandum, 4225th U.S. Army Hospital, dated 21 December 2011, subject: Command Validation and Support for Change to Date of Rank (DOR) on (Applicant)
* response to advisory opinion, dated 14 November 2012
* multiple email exchanges with various officials and individuals
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service, the applicant was appointed as an Army Nurse Corps Reserve commissioned officer and executed an oath of office on 11 March 1999.
2. He served in a variety of assignments, including a period of mobilization from February 2004 to April 2005, and he was promoted to captain on 8 July 2005.
3. On 24 August 2006, AHRC issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).
4. The applicant was ordered to and entered active duty on 14 April 2008.
5. On 7 June 2011, an official at the 88th Regional Support Command notified the applicant that he had been selected by a Department of the Army Reserve Components Selection Board (RCSB) and he would have to be fully qualified for promotion and assigned to a duty position in the higher grade in order to be promoted. His promotion date could not be prior to the approval date of the board that selected him for promotion. The approval date for this RCSB was 22 March 2011.
6. The applicant submits supporting documentation as follows:
a. An AHRC Form 56-R, dated 8 April 2011, shows he occupied paragraph/line number 011/07 (a MAJ position) effective 7 April 2011. Attached to this form is a copy of a PQR, dated 7 April 2011, that shows he was assigned to an excess position coded "9990."
b. An AHRC Form 56-R, dated 9 November 2011, shows he occupied paragraph/line number 011/07 (a MAJ position) effective 19 October 2011. Attached to this form is a copy of a UMR, dated 8 November 2011, that shows he was assigned to a MAJ position as of 19 October 2011.
c. A memorandum from his commander, dated 21 December 2011, states it was the hospital commander's intent to promote him on 7 April 2011. However, difficulties arose in correcting his position on the UMR which resulted in his promotion delay.
7. On 16 November 2011, AHRC published Orders B-11-107506 promoting the applicant to MAJ with an effective date and DOR of 19 October 2011.
8. An advisory opinion was obtained from AHRC on 29 October 2012 in the processing of this case. An HRC official states:
a. The applicant's DOR to MAJ is correct based on being in an authorized higher position not earlier than the approval date of his respective board as specified in Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers), paragraph 4-9a(1).
b. The AHRC Officer Promotions Branch received multiple AHRC Form 56-R and PQR's from the applicant's supporting command, but with different assigned positions, and finally for a position that his current grade is based on, 19 October 2011.
c. If the applicant can submit proof of assignment to the higher position with a substantiated UMR and new AHRC Form 56-R for the requested date (7 April 2011), he would then be eligible for promotion earlier than the current date.
9. On 14 November 2012, the applicant responded to the advisory opinion without indicating his concurrence or nonconcurrence. Instead, he submitted or resubmitted the following:
* a previously-submitted AHRC Form 56-R, dated 8 April 2011, together with a UMR, dated 7 April 2011, which does not show he was assigned to the higher position
* a new AHRC Form 56-R, dated 9 November 2012, together with a UMR, dated 13 November 2012, which show he was assigned to the higher position on 19 November 2011
10. Army Regulation 135-155 provides policy for selecting and promoting commissioned officers of both the Army National Guard and USAR. Paragraph
4-9a(1) states a USAR TPU officer who is considered and selected by a mandatory promotion board will be promoted and transferred from the unit to the Individual Ready Reserve (IRR). The officer will be promoted within 60 days of receipt of promotion notification or the normal established promotion eligibility date, whichever is later. Transfer to the IRR will not occur when the officer fills a vacancy in the unit in a higher grade.
DISCUSSION AND CONCLUSIONS:
1. The applicant was selected for promotion to MAJ by a mandatory promotion board. The AHRC Officer Promotions Branch received multiple AHRC
Forms 56-R and PQR's from the applicant's supporting command, but with different assigned positions, and finally for a position that his current grade is based on, 19 October 2011.
2. The UMR's he submitted clearly show he was assigned to the higher position no earlier than 19 October 2011. His DOR to MAJ appears to be correct based on being in an authorized higher position not earlier than the approval date of his respective board as specified in the governing regulation. There is neither an error nor an injustice.
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 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) AR20120000933
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120000933
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130004180
The applicant requests correction of his records to show he was promoted to the rank/grade of major (MAJ)/O-4 when he was selected by the Position Vacancy Board (PVB) in March 2009. The applicant provides: a. his Officer Record Brief (ORB) which shows he was assigned as the 157th Infantry Brigade Chaplain for the period 16 September 2008 through 26 June 2011; b. a DA Form 4935, dated 8 January 2009, which shows the commander of the 157th Infantry Brigade identified the brigade chaplain...
ARMY | BCMR | CY2011 | 20110013046
On 13 April 2011, such clarification was provided, showing the applicant was assigned to an LTC position effective 24 March 2011. 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 applicant contends his military records should be corrected to show his DOR for LTC as 3 January 2011 because he was...
ARMY | BCMR | CY2011 | 20110018065
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. 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...
ARMY | BCMR | CY2013 | 20130010060
On 13 December 2012, HRC published Orders B-12208339 promoting him to CPT with an effective date and DOR of 22 August 2012. b. Paragraph 4-21b(2) (Promotion of unit officers) states unit officers selected by a mandatory board will have a promotion date and effective date no earlier than the date the board is approved or the date of Senate confirmation (if required), provided they are assigned to a position in the higher grade. On 20 December 2012, an official of his higher-command G-1...
ARMY | BCMR | CY2010 | 20100027893
A promotion worksheet and AHRC Form 56-R filed in the applicant's official military personnel file (OMPF) shows the officer's position upon promotion would be 0145/9992 and he was assigned to that position effective 7 July 2010. It states in: a. Paragraph 4-18, the Secretary of the Army may determine whether an adjustment must be made to an officer's DOR and effective date of promotion due to an involuntary delay of promotion of the officer. b. Paragraph 4-21b, the effective date and date...
ARMY | BCMR | CY2010 | 20100000678
The applicant states, in effect, he was assigned to an authorized MAJ position prior to, during, and after his selection for promotion to MAJ by the March 2006 promotion board. The evidence of record confirms the applicant was selected for promotion to MAJ by a Position Vacancy Board that was approved on 31 March 2006 and that he was ultimately promoted effective 30 June 2006 based on his assignment to an authorized MAJ position on that date. As a result, the Board recommends that all...
ARMY | BCMR | CY2012 | 20120011935
The applicant requests correction of his date of rank (DOR) and effective date for promotion to major (MAJ)/pay grade O-4 from 27 April 2011 to 1 May 2010 with all back pay and allowances due as a result of the correction. c. In accordance with Army Regulation 140-315 (Employment and Utilization of U.S. Army Reserve Military Technicians), military technicians must be assigned to a specific position which supports both their military and technician status. The evidence of record shows the...
ARMY | BCMR | CY2014 | 20140010786
He was selected for promotion to MAJ by a position vacancy board (PVB) that convened in October 2010. The list also shows MAJ Cxxxx was recommended for promotion to MAJ as a Space Operations Officer. c. He was requesting the ABCMR uphold his request for fairness and due process and adjust his DOR to that of his peers who were considered by the same exact board, which would be January 2011, not April 2011.
ARMY | BCMR | CY2010 | 20100013721
The applicant states he was in an O-5 slot from 9 June 2009 until 13 July 2009. He states he is being penalized for being involuntarily cross-leveled for deployment to Iraq, resulting in over 3 months of lost time in rank. Therefore, notwithstanding the advisory opinion received from HRC-St. Louis, it would be equitable and just to correct the applicant's records to show he was promoted to lieutenant colonel with an effective date and DOR of 9 June 2009, with entitlement to back pay and...
ARMY | BCMR | CY2011 | 20110001475
The applicant requests his date of rank (DOR) for promotion to Lieutenant Colonel (LTC/O-5) be corrected from 16 July 2010 to 13 July 2010. The advisory opinion notwithstanding, in the interest of justice and equity, the applicant's date of rank should be adjusted to 13 July 2010, the date he was promised by his career manager and the date he was assigned to an LTC position. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...