IN THE CASE OF:	  

		BOARD DATE:	  12 September 2013

		DOCKET NUMBER:  AR20130010060 


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 an adjustment of his date of rank (DOR) to captain (CPT) in the U.S. Army Reserve (USAR) from 22 August to 6 April 2012. 

2.  The applicant states his DOR should have been the date he was assigned to a CPT position.  He was eligible for promotion as long as he was occupying a CPT position which was 6 April 2012. 

3.  The applicant provides:

* A letter from the U.S. Army Human Resources Command (HRC)
* Email from HRC
* Orders 12-052-00092 (assignment orders)
* Unit Manning Report (UMR)
* Orders B-12-208339 (promotion orders)

CONSIDERATION OF EVIDENCE:

1.  Having had prior service, the applicant was appointed as a Regular Army commissioned officer and entered active duty on 19 June 2008.  He was promoted to first lieutenant (1LT) on 19 December 2009. 

2.  He was honorably discharged from active duty in the rank of 1LT on 19 June 2011. 

3.  He was appointed as a Reserve commissioned officer in the rank of 1LT on 20 June 2011. 

4.  He provides Orders 12-052-00092, issued by Headquarters, 62nd Regional Support Command, Mountain View, CA, on 21 February 2012, assigning him to the 403rd Civil Affairs Battalion, which was a USAR troop program unit (TPU).  

5.  On 28 September 2012, by letter, an official at the Office of Reserve Component (RC) Promotions, HRC, notified the applicant that his recommendation for promotion had been verified and his promotion eligibility date was 18 June 2013.  He was advised that he would receive his promotion orders 60 days prior to that date if he was otherwise qualified. 

6.  On 13 December 2012, HRC published Orders B-12208339 promoting him to CPT with an effective date and DOR of 22 August 2012. 

7.  He also provides a Unit Manning Report, dated 3 May 2012, that shows he was assigned to a CPT position within the 403rd Civil Affairs Battalion, effective 6 April 2012. 

8.  An advisory opinion was obtained from HRC on 30 July 2013 in the processing of this case.  An advisory official recommended disapproval of the applicant's request.  The advisory official stated: 

	a.  The applicant's DOR to CPT of 22 August 2012 is currently correct.  The effective date of promotion to CPT was based upon him being in an authorized higher position not earlier than the approval date of his respective board in accordance with (lAW) Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers), paragraph 4-9(a)(1) and providing the required substantiating documentation/information.

	b.  Officer Promotions Reserve Component Orders Proponent initially received an HRC Form 56R (Promotion Qualification Statement) and a Personnel Qualification Record (PQR) on 19 December 2012 with different effective dates (i.e., HRC Form 56R showed 21 February 2012 and Section V Position Data of the PQR showed 22 August 2012).  Action was held in abeyance based upon Regional Level Application Software (RLAS) showing conflicting effective dates in position pending clarification as shown in attached emails from Ms. JS, a Human Resource Technician at the Office of RC Promotions, HRC, dated 14 December 2012 and 20 December 2012 respectively.


	c.  On 20 December 2012, Sergeant Major G----e B. D----r, Jr. of the U.S. Army Civil Affairs and Psychological Operations Command (USACAPOC) G-1 indicated the correct effective date was indeed 22 August 2012.  Promotion orders were processed accordingly based upon the confirmed information.  If proof of assignment to the higher position (i.e., CPT) are provided with substantiated information (UMR and new HRC Form 56R) for the requested period, 6 April 2012, then the officer would be eligible to be promoted IAW Army Regulation 135-155, paragraph 4-2(b)(2).  The UMR, dated 3 May 2012, does not validate the effective date in the position without an accompanying HRC Form 56R with the same position (i.e., paragraph and line number) and effective date authenticated by the associated Commander or Reserve Components/ Direct Reporting Unit Representative.

9.  The applicant was provided a copy of this advisory opinion on 5 August 2013 but he did not respond. 

10.  Army Regulation 135-155 prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers (WO)) of the Army National Guard of the United States and of commissioned and WOs of the USAR.  The requirements for promotion from 1LT to CPT are a minimum of 2 years and a maximum of 5 years time in grade in the lower grade.

	a.  Paragraph 4-9a(1) (Officer Selected for Promotion) 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.

	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.  When the board approval or, if required, Senate confirmation is before assignment to the position in the higher grade, the effective date and the date of promotion will be the date of assignment to the higher-graded position.  If the officer voluntarily delays promotion and is later assigned to a higher graded position during the period of delay, the effective date and date of promotion become the date of assignment to the higher graded position.


11.  Department of the Army, Office of the Chief, Army Reserve Policy memorandum, dated 25 March 2010, Subject: Promotion of Reserve Component 1LTs to CPTs at 24 Months Time in Grade, stated that starting with the 2011 CPT Army Promotion List (APL) Selection Board, the maximum time in grade requirement will be adjusted from 5 years (or 60 months) to 42 months. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to 1LT on 19 December 2009.  HRC received documents pertaining to his promotion to CPT with conflicting dates.  The HRC Form 56R showed 21 February 2012 while the Position Data of the PQR showed 22 August 2012.  His promotion action was temporarily held pending verification of the correct date.  

2.  On 20 December 2012, an official of his higher-command G-1 indicated the correct effective date was 22 August 2012.  Promotion orders were processed accordingly based upon the confirmed information. 

3.  In the absence of proof of assignment to a higher position (CPT) with substantiated information, in the form of a new HRC Form 56R together with a UMR that validates the effective date in the position (i.e., paragraph and line number) and authenticated by his chain of command, the current DOR appears to be correct and there is no reason to change it. 

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)                                         AR20130010060



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ABCMR Record of Proceedings (cont)                                         AR20130010060



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