IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20120020657
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, in effect, an adjustment of his date of rank (DOR) to major to 5 June 2005.
2. The applicant states he was promoted to major while he was on active duty on 5 June 2005.
3. The applicant provides:
* U.S. Army Reserve (USAR) Appointment Memorandum, dated 24 November 2010
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 June 2007
* Honorable Discharge Certificate, dated 30 June 2007
* Partial U.S. Army Human Resources Command (HRC) Notification of Promotion to Major
* Officer Record Brief
CONSIDERATION OF EVIDENCE:
1. With prior enlisted service, the applicant accepted an appointment in the Oklahoma Army National Guard (OKARNG) on 31 July 1993, in the rank of second lieutenant. He was discharged from the OKARNG to accept an appointed as a second lieutenant in the USAR on 20 August 1995.
2. Upon completion of his required training, the applicant accepted an appointment as a Reserve commissioned officer on 14 May 1999, in the rank of captain.
3. The applicant entered active duty and was promoted to major on 5 June 1999. He was assigned to Brooke Army Medical Center, Fort Sam Houston, Texas.
4. On 30 June 2007, the applicant was discharged for miscellaneous/general reasons, in the rank of major.
5. On 24 November 2010, the applicant accepted an appointment as a major in the USAR. The applicant is currently a member of the Active Guard Reserve.
6. During the processing of this case an advisory opinion was obtained from an official at HRC who states the action for resolution of this case falls within their area of responsibility. The applicant is eligible for a DOR recalculation. The request for his promotion date to be backdated to 5 June 2005 cannot be processed. However, based on his break in service of 3 years, 4 months, and
24 days, his DOR has been adjusted to 30 October 2008.
7. The applicant was sent a copy of the advisory opinion for his information and opportunity to respond. No response was received.
8. Title 10 of the U.S. Code, Section 12207 (10 USC 12207) states, in pertinent part, that for the purpose of determining the grade and rank within grade of a person receiving an original appointment as a Reserve commissioned officer (other than a commissioned warrant officer) in the Army, Navy, Air Force, or Marine Corps, the person shall be credited at the time of the appointment with any commissioned service (other than service as a commissioned warrant officer) performed before such appointment as a regular officer, or as a Reserve officer in an active status, in any armed force.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The evidence of record shows the applicant was initially promoted to major on 5 June 2005. He had a 3-year, 4-month, and 24-day break in service. As a result of his break in service HRC adjusted his DOR to major from 24 November 2010 to 30 October 2008.
3. The applicant's DOR has been properly adjusted. In view of the foregoing, his request to adjust his DOR to 5 June 2005 should be denied.
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) AR20120020657
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ABCMR Record of Proceedings (cont) AR20120020657
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