IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120001963
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 date of rank (DOR) for promotion to colonel.
2. The applicant states his DOR was incorrectly annotated on the AHRC Form 56-R (Promotion Qualification Statement) submitted by the unit commander.
a. The unit commander mistakenly filled the current date in item 2i (Date Assigned/Matched to Position) rather than his actual date of assignment. Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), Section III, paragraph 4-15a, makes it clear that the requirement is the actual date of unit assignment/attachment.
b. He was assigned to the position on 15 December 2009, which is the date that should have been listed in item 2i of the AHRC Form 56-R and used as his DOR, not 6 January 2010.
3. The applicant provides:
* DD Form 214 ending on 5 June 2009
* one page of a Congressional Record
* AHRC Form 56-R, dated 6 January 2010
* reassignment orders
* promotion orders
* email concerning his promotion issue
* page 26 of Army Regulation 135-155
CONSIDERATION OF EVIDENCE:
1. The applicant is a U.S. Army Reserve (USAR) officer serving on an individual mobilization augmentation (IMA) tour.
2. An AHRC Form 56-R, dated 6 January 2010, shows in item 2i that he was attached to the position on 6 January 2010.
3. Orders C-01-000216, U.S. Army Human Resources Command (AHRC), St Louis, MO, dated 8 January 2010, shows he was reassigned to Headquarters and Headquarters Company, U.S. Army Medical Command (MEDCOM), in a colonel chaplain position, effective 15 December 2009.
4. Orders B-01-000039, AHRC, St Louis, MO, dated 8 January 2010, show he was promoted to colonel with a DOR and effective date of 6 January 2010.
5. He has provided email, dated 19 January 2012, in which an official at Headquarters, MEDCOM states "(the applicant) was assigned in December 2009. I did the 56R in January 2010 so his promotion orders were based on the date I put on 56R (So my bad). Can you assist in getting his promotion date fixed to reflect December 2009?"
6. On the same date, an email from Headquarters, MEDCOM, advised the applicant that he would have to submit an application to this Board with supporting documents "but he has all the supporting documents to fix it."
This e-mail also states the Senate confirmed the 2009 Colonel Chaplain Board on 15 October 2009.
7. Army Regulation 135-155 provides policy and procedures for the selection and promotion of commissioned officers of the USAR. It states the effective date for promotion of commissioned officers may not proceed the date in which the promotion memorandum was issued. The officer must already be assigned to a position in the higher grade. The DOR will be the date the officer attained maximum or the date on which assigned/attached to a position in the higher grade, whichever is earlier.
DISCUSSION AND CONCLUSIONS:
1. The applicant was assigned to a colonel position effective 15 December 2009. The available evidence shows the applicant's AHRC Form 56R was completed showing an incorrect date of assignment in item 2i resulting in the applicant receiving an incorrect DOR.
2. The applicant's DOR should be adjusted to 15 December 2009, the date he was assigned to a colonel position.
BOARD VOTE:
___X ___ ___X____ ___X ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. amending the 6 January 2010 AHRC Form 56R to show in item 2i that he was assigned or attached to a colonel position on 15 December 2009; and
b. adjusting the applicant's DOR to colonel from 16 January 2010 to
15 December 2009.
__________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) AR20110001475
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120001963
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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