BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20120004724
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 the effective date of his promotion to major (MAJ) be corrected to a date earlier than 2007.
2. The applicant states his time in grade, or promotion eligibility date (PED), for promotion to the next grade was not properly computed.
3. The applicant provides promotion orders to captain (CPT) and MAJ and transaction history messages in support of his request.
CONSIDERATION OF EVIDENCE:
1. The record shows the applicant was appointed a second lieutenant in the U.S. Army Reserve on 13 December 1985 with a follow on appointment in the Army National Guard (ARNG) on 27 January 1986.
2. In a memorandum dated 3 May 2001, the applicant was promoted to CPT effective 2 November 2000 with a date of rank of 11 December 1992.
3. The applicant was promoted to MAJ on 13 June 2007.
4. In connection with the processing of this case, an advisory opinion was obtained from the Chief, Officer Promotions Branch, U.S. Army Human Resources Command (HRC). This HRC official states the applicants promotion to MAJ on 13 June 2007 was based on the selection by the Fiscal Year (FY) 2007 MAJ Army Promotion List (APL) and meeting the existing regulatory requirements for promotion. However, under the rules that existed prior to the implementation of the Reserve Officer Personnel Management Act (ROPMA) under which the applicant was eligible to compete for promotion to MAJ, he was eligible to be boarded for consideration for promotion to MAJ immediately following his promotion to CPT on 3 May 2001. As a result, the applicant's record should be placed before a Special Selection Board (SSB) for consideration for promotion to MAJ under the criteria of all MAJ promotion boards that convened on or after 3 May 2001. If selected for and promoted to MAJ on an earlier date by the SSB, he should also be considered for promotion to lieutenant colonel (LTC) by an SSB based on the promotion eligibility date (PED) established based on the earlier promotion to MAJ.
5. On 1 May 2012, the applicant concurred with the recommendations of the HRC advisory opinion.
6. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers (WO) Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned WO's) of the ARNG of the United States (ARNGUS) and of commissioned and WO's of the U.S. Army Reserve. Paragraph 4-11 contains eligibility requirements for promotion.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for consideration of a promotion effective date to MAJ prior to 2007 has been carefully considered and found to have merit. As confirmed in the HRC advisory opinion the applicant was eligible for consideration for promotion to MAJ as soon as his promotion memorandum was issued on 3 May 2001. Therefore, it would be appropriate to place his record before an SSB for promotion consideration to MAJ under the criteria of every promotion selection board he was eligible for subsequent to 3 May 2001 and prior to the convening date of the FY 2007 MAJ promotion board.
2. If selected for promotion by an SSB the applicant's MAJ promotion effective date and DOR should be adjusted accordingly. Further, if selected for promotion to MAJ under an earlier criteria and his DOR assignment renders him eligible for promotion consideration to LTC his record should be placed before an SSB for consideration for promotion to LTC under the criteria of any promotion selection board his new MAJ DOR makes him eligible for.
3. In addition, if the applicant is selected for an earlier MAJ promotion date and/or selected for LTC by an SSB he should be provided all back pay and allowances due as a result of these promotions.
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. placing the applicants record before an SSB for consideration for promotion to MAJ under the criteria of any promotion selection board he was eligible for subsequent to 3 May 2001 and prior to the FY 2007 MAJ promotion board;
b. if selected for promotion to MAJ by an SSB, establish his promotion effective date and DOR based on the earlier promotion selection board criteria he was selected under;
c. If promoted to MAJ with an earlier promotion date that renders him eligible for promotion consideration to LTC, place his record before an SSB for consideration for promotion to LTC under the criteria of all promotion selection boards for which he would have been eligible;
d. if selected for promotion to LTC by an SSB, establish his LTC promotion effective date and DOR based on the criteria under which he was selected; and
e. if selected for promotion to MAJ and/or LTC by an SSB he should be provided all back pay and allowances due as a result.
_______ _ 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) AR20120004724
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ABCMR Record of Proceedings (cont) AR20120004724
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