IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140004721
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, that his effective date of promotion to the rank of captain (CPT) be changed to 9 February 2013.
2. The applicant states, in effect, that he should have been promoted to the rank of CPT effective 9 February 2013, which was the maximum time in grade for promotion to that rank.
3. The applicant provides a copy of his promotion orders
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a U.S. Army Reserve (USAR) second lieutenant on 19 December 2008. He was promoted to the rank of first lieutenant on 9 February 2011 and to the rank of CPT on 1 July 2013.
2. In the processing of this case a staff advisory opinion was obtained from the U.S. Army Human Resources Command (HRC) which opines that the applicant was considered and selected for promotion to the rank of CPT by the Fiscal Year 2013, Reserve Component, CPT Army Promotion List, Promotion Selection Board which was approved on 1 July 2013 and was officially released on 18 July 2013. Accordingly, the applicant was promoted at the earliest date possible for that board. Officials at HRC also noted that Army Regulation 135-155, (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) Table 2-1 provides that the minimum time in grade for promotion to CPT is 2 years and the maximum is 5 years.
3. The advisory opinion was provided to the applicant for comment and to date, no response has been received by the staff of the Board.
DISCUSSION AND CONCLUSIONS:
1. The applicantÂ’s contention that his effective date of promotion to CPT should be 9 February 2013 instead of 1 July 2013 has been noted.
2. The applicant received the earliest DOR for promotion to the rank of CPT that could be received from that board, which was the date the list was approved (1 July 2013).
3. Therefore, it appears that there is no error or injustice in his case and no basis to grant his request.
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) AR20140004721
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140004721
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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