Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130012159
Original file (20130012159.txt) Auto-classification: Denied

	
		BOARD DATE:	  11 March 2014

		DOCKET NUMBER:  AR20130012159 


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 that he be promoted to the rank of colonel with entitlement to all back pay and allowances.

2.  The applicant states he was promoted to the rank of colonel by a special promotion board in 2009 and he submitted his Form 56-R (Promotion Qualification Statement) in a timely fashion.  He requested that his unit administrator (UA) submit his personnel qualification record on several occasions, but he obviously did not do so.  He requested that his Mandatory Removal Date (MRD) be re-set, which was declined, and he was discharged before receiving his promotion order.  His promotion to colonel was denied because of a lack of action by the UA and was through no fault of his.  Accordingly, he should be promoted to colonel with all back pay and allowances.

3.  The applicant provides copies of his Form 56-R; memoranda from the U.S. Army Human Resources Command (HRC) Promotions Branch; and a copy of a Congressional Record, dated 16 November 2009.  

CONSIDERATION OF EVIDENCE:

1.  The applicant was born in 1949 and was commissioned as a U.S. Army Reserve (USAR) Medical Corps (MC) captain on 30 January 1997.  He continued to serve in the USAR and he was promoted to the rank of lieutenant colonel on 
31 March 2004.  

2.  On 23 November 2009, the applicant was informed that he had been selected for promotion to the rank of colonel by a Standby Advisory Board under the 2009 criteria with a date of rank of 30 March 2010, provided documentation was submitted to verify assignment to a valid MC position.

3.  On 1 November 2011, the applicant was honorably discharged from the USAR due to reaching his MRD as a result of reaching age 62.

4.  In the processing of this case a staff advisory opinion was obtained from HRC at Fort Knox, Kentucky which opines that as of 22 October 2009 the applicant was assigned as a 60-day loss and not assigned to an authorized position and the Form 56-R did not contain a commander’s signature or assigned paragraph and line number that would show the commander intended to authorize him to be assigned to a respective position for promotion purposes.  Additionally, adjusting his MRD would be in violation of Title 10, U.S. Code, Section 14509, which provides that all officers under the rank of major general retire or separate at age 62.  Officials at HRC advised that without a unit manning report showing the applicant was assigned to a valid position and a Form 56-R signed by the commander, there is no basis to promote him to colonel.  The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.

5.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Offices other than General Officers) provides, in pertinent part, that an officer in the Army Reserve who is on a promotion list as a result of selection for promotion by a mandatory promotion board may be promoted at any time to fill an authorized position and MC officers can be assigned to a position up to two grades below the grade to which promoted.  

6.  Army Regulation 140-10 (Assignments, Attachments, Details and Transfers) provides, in pertinent part, that members of the Army Reserve will be removed from an active status, with or without the officer’s consent regardless of the length of commissioned service, upon attaining the maximum allowable age.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions and supporting documents have been carefully considered and appear to lack merit.

2.  The applicant has failed to show through the evidence of record and the evidence submitted with his application that he was in a valid MC position and that his commander verified that he was eligible to accept the promotion to colonel.
3.  Therefore, in the absence of such evidence, there appears to be no basis to grant the applicant’s request for promotion to the rank of colonel.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  __X______  X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _  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)                                         AR20130012159



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130012159



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080017881

    Original file (20080017881.txt) Auto-classification: Denied

    On 29 February 2008, HRC-St. Louis officials requested revocation of the applicant’s mobilization Orders M-10-702757 due to the fact that he would turn age 62 on 8 April 2008 and must be removed from active service not later than 60 days after the date in which he turns age 62. On 14 April 2008, HRC-St. Louis published Orders C-04-807106, releasing the applicant from active duty by reason of completion of 20 or more years of Reserve duty and reassigning him to the Retired Reserve on 7 June...

  • ARMY | BCMR | CY2007 | 20070018981

    Original file (20070018981.txt) Auto-classification: Denied

    Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides a copy of an Inspector General (IG) request dated 26 November 2007; excerpts from Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers); Army Regulation 140-315 (Employment and Utilization of U.S. Army Reserve Military Technicians); his military technician...

  • ARMY | BCMR | CY2010 | 20100010265

    Original file (20100010265.txt) Auto-classification: Approved

    The applicant requests reconsideration of the Board's denial of his previous request as follows: a. reinstatement to active duty until he can obtain a new surgical appointment and complete his surgery and recuperation; b. cancellation of his retirement until he has completed his surgery and recuperation; c. restoration of pay and allowances that the Army recouped as an indebtedness prorated through 13 June 2008, the date that the unexecuted portion of his active duty orders A-06-810144 were...

  • ARMY | BCMR | CY2015 | 20150001599

    Original file (20150001599.txt) Auto-classification: Approved

    The applicant requests: * the Board finds that he was improperly discharged from the U.S. Army Reserve (USAR) in 2007 * adjustment of his mandatory removal date (MRD) to reflect the breaks in service * restoration of his highest rank achieved, lieutenant colonel (LTC), and that he be allowed to continue to serve in that capacity until mandatory retirement at age 60 * service credit in the rank of LTC retroactive to the date of his enlistment on 21 February 2014 2. On 3 April 2013, by email,...

  • ARMY | BCMR | CY2010 | 20100008775

    Original file (20100008775.txt) Auto-classification: Denied

    After application to the Army Board for Correction of Military Records (ABCMR), he was reinstated as a commissioned officer in the USAR in the rank and grade of major/pay grade O-4. Based on the evidence of record, the applicant executed an oath of office and was commissioned in the USAR on 15 January 1985 at the age of 28 years. Therefore, there is insufficient basis to grant him his requested relief to extend his MRD to 10 March 2016, the date he attains age 60.

  • ARMY | BCMR | CY2009 | 20090000933

    Original file (20090000933.txt) Auto-classification: Approved

    The applicant states his Official Military Personnel File (OMPF) shows his MRD as 2002, but his U.S. Army Reserve (USAR) unit showed his MRD as 24 January 2009. He also submits his DA Form 2B (Personnel Qualification Record) which shows his MRD as 24 January 2009. Based on the fact that the applicant's unit was mobilized shortly after his unit administrator's discussion with HRC-STL about his MRD, it may be reasonably concluded that the applicant did in fact submit his request for a waiver...

  • ARMY | BCMR | CY2013 | 20130010476

    Original file (20130010476.txt) Auto-classification: Denied

    He sent an MRD extension request to the USARC G-1, dated 12 March 2012, wherein he stated: a. Additionally, of the 12 known ASI 5X COL's in the USAR, few have PhD's and those who do were currently working in non-historian positions. USARC initially denied the applicant's requests for an extension of his MRD because the justification was not based on mission requirements.

  • ARMY | BCMR | CY2014 | 20140012378

    Original file (20140012378.txt) Auto-classification: Approved

    On 3 October 2011, the National Guard Bureau granted the Virginia Adjutant General's request for the applicant's retention beyond her MRD of 31 January 2012 (28 years service) until 31 July 2014 (age 60), under the provisions of Title 10, United States Code (USC) section 14703 and National Guard Regulation 635-100 (Personnel Separations - Termination of Appointment and Withdrawal of Federal Recognition). Title 10 USC, section 14515 (Discharge or Retirement for Age), states that each Reserve...

  • ARMY | BCMR | CY2005 | 20050017983C070206

    Original file (20050017983C070206.doc) Auto-classification: Approved

    The applicant also states that prior to his retirement, in December 2002, the unit had a drill with all members of the unit present, including some that he had not seen before. The USARC determined that the applicant filled a colonel position at the State Department unit while serving as a lieutenant colonel. Crediting the applicant with a qualifying year, as discussed above, and payment of the difference in pay between a lieutenant colonel and colonel for creditable periods of service...

  • ARMY | BCMR | CY2009 | 20090000208

    Original file (20090000208.txt) Auto-classification: Denied

    The applicant requests, in effect, to have the packet he submitted for promotion be considered by the Reserve Position Vacancy Board (PVB) in March 2009 and to extend his mandatory retirement date. The applicant's record is void of any documentation to show that the Secretary of the Army (SA) determined the applicant to be the only qualified officer available to the fill a position vacancy within his unit. Army Regulation 135-155 further states that officers failed of selection by a...