BOARD DATE:	  12 June 2014

		DOCKET NUMBER:  AR20130017779 


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 promotion to the rank and grade of captain (CPT)/O-3 with a date of rank (DOR) of 18 October 2009.

2.  The applicant states:

	a.  While serving in the Alabama Army National Guard (ALARNG), he was recommended for promotion to CPT by a Department of the Army (DA) mandatory promotion board adjourning on 17 November 2005 with a promotion eligibility date of 23 September 2006.

	b.  He was separated from the ALARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) (also known as the Individual Ready Reserve (IRR)) on 30 June 2008 prior to being promoted to the rank of CPT.

	c.  He was transferred from the USAR IRR to the USAR Standby Reserve (Inactive List) on 21 May 2009.  On 30 October 2010, he was discharged from the Standby Reserve and from the USAR.

	d.  On 16 February 2012, he was appointed in the ALARNG in his previous rank of first lieutenant (1LT)/O-2 with an adjusted DOR of 11 February 2008.

	e.  Because he was selected by DA for promotion to CPT/O-3 at the time he was transferred from the ALARNG, he should have been promoted to CPT/O-3 in the USAR IRR effective 1 July 2008, 1 day after separation from the ALARNG.

	f.  Upon reappointment in the ALARNG on 16 February 2012, his DOR should have been adjusted for his civilian break in service from 30 October 2010 to 15 February 2012, which is 1 year, 3 months, and 17 days.

	g.  He is currently scheduled to be considered for promotion to CPT above the zone by a mandatory promotion board convening on 28 October 2013.

	h.  Instead of being considered for mandatory promotion to CPT again, his effective DOR to the rank of CPT in the USAR IRR should be 1 July 2008.

	i.  Additionally, his rank and adjusted DOR (allowing for his civilian break in service) at the time of his appointment in the ALARNG should therefore be corrected to read CPT/O-3 with a DOR of 18 October 2009.

	j.  He should be eligible to receive differential pay between 1LT/O-2 and CPT/O-3, backdated to 16 February 2012.

3.  The applicant provides:

* memorandum from the U.S. Army Human Resources Command, dated 2 February 2006, subject:  Eligibility for Promotion as Reserve Commissioned Officer Not on Active Duty
* Federal recognition orders
* reassignment orders
* discharge orders

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer on 24 July 1999.  He was promoted to the rank of 1LT effective 24 September 2001 while serving as a member of the ALARNG.

2.  A memorandum from the U.S. Army Human Resources Command Office of Promotions – Reserve Components, dated 2 February 2006, subject:  Eligibility for Promotion as Reserve Commissioned Officer Not on Active Duty, shows he was selected for promotion to CPT with an effective date of 23 September 2006.

3.  On 26 June 2006, the applicant was transferred to the Inactive National Guard (ING).

4.  On 30 June 2008, he was separated from the ARNG and transferred to the USAR Control Group (IRR).

5.  On 21 May 2009, he was released from the USAR IRR and assigned to the Standby Reserve (Inactive List).  On 30 June 2010, he was discharged from the USAR based on his failure to provide a mandatory service obligation election.

6.  On 16 February 2012, he was again appointed in the ALARNG as a 1LT.

7.  In the processing of this case, an advisory opinion was obtained from the National Guard Bureau (NGB) Personnel Policy Division.  NGB recommends denial of the applicant's request based on the fact that he was removed from an active status prior to the effective date of his promotion to CPT of 23 September 2006.  NGB states the State of Alabama concurs with this recommendation.

8.  The advisory opinion was forwarded to the applicant for his information and to allow him the opportunity to submit comments or a rebuttal.  No response was received.

9.  Army Regulation 135-155 (ARNG and USAR – Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 2-6, provides that an officer removed from an active status before promotion is final (the effective date of promotion) will be removed from the promotion list.  Removal will not be considered a nonselection.  If returned to an active status, the officer's name will not be placed on a promotion list or nominated for promotion unless again recommended by a selection board.  An officer returned to an active status after having been in an inactive or retired status will not be considered for a Reserve of the Army promotion (mandatory or USAR position vacancy; or, in the case of an ARNGUS officer, Federal recognition) until at least 1 year after the date of return to an active status.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for promotion to the rank of CPT/O-3 with a DOR of 18 October 2009 has been carefully considered.

2.  The evidence shows he was selected for promotion to CPT with a promotion eligibility date of 23 September 2006.  However, he was transferred to the ARNG ING on 26 June 2006 prior to the effective date of his promotion to CPT.  Therefore, in accordance with the governing regulation, he was removed from the promotion list on that date.

3.  Based on the foregoing, there is no basis to grant the applicant's requested relief.


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 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)                                         AR20130017779



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ABCMR Record of Proceedings (cont)                                         AR20130017779



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