BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20140005618
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 his date of rank (DOR) to lieutenant colonel (LTC) by a Special Selection Board (SSB) under the criteria for the Fiscal Year (FY) 2013, LTC, Army Reserve, Active Guard Reserve (AR AGR), Promotion Selection Board (PSB), be backdated to his original consideration for promotion to LTC in FY2011 and that he receive any back pay and allowances he may be due as a result of this correction.
2. He states he was selected for promotion to LTC in FY 2013 by SSB RS1312-11. His promotion was backdated only to FY 2013. He believed his promotion should be backdated to FY 2011.
3. He provides:
* a memorandum from the Army Review Boards Agency (ARBA), Chief, Case Management Division, dated 18 November 2013
* a memorandum from the Chief, Officer Promotions, Special Actions, U.S. Army Human Resources Command (HRC), dated 17 March 2014
CONSIDERATION OF EVIDENCE:
1. The applicant was promoted to major on 8 June 2005. He is currently serving on active duty as an AGR LTC, S-3 Operations Officer for the National Capital Region Information Operations Center, 76th Operational Response Command.
2. The applicant was considered by the FY 2011 and FY 2012 LTC, AR AGR, PSB and he was not selected for promotion.
3. The applicant provided a memorandum from the Chief, Officer Promotions Special Section, HRC, dated 17 March 2014, which shows he was selected for promotion to LTC by an SSB under the criteria for the FY 2013 LTC, AR AGR, PSB.
4. During the processing of this case, HRC confirmed that the approval date for the FY 2013 LTC, AR AGR, PSB was 20 September 2013.
5. Orders B-04-401640, dated 9 April 2014, published by HRC, show the applicant was promoted to the rank and grade of LTC/05, with an effective date and DOR of 20 September 2013. The orders show he was selected for promotion by SSB 2013RS131211, which adjourned on 11 December 2013.
6. Army Regulation 135-155, (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the ARNGUS and of commissioned and warrant officers of the USAR. Paragraph 4-21 (Effective Dates) states:
a. If an officer selected by a mandatory promotion board has a maximum time-in-grade date that is before the approval date of the board, the officers promotion date and effective date will be no earlier than the date of approval of the mandatory board by which recommended or the date of Senate confirmation (if required).
b. If an officer is selected by an SSB, the officers date of rank and effective date for pay and allowances would be the same as if the officer had been recommended for promotion to the grade by the mandatory board that should have considered, or that did consider, the officer.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicants record was considered by an SSB under the criteria for the FY 2013 LTC, AR AGR, PSB. As a result, his effective date and DOR for LTC could not be earlier than 20 September 2013, the date the results of the FY 2013 LTC, AR AGR, PSB were approved. There is no evidence his effective date and DOR for LTC are in error or unjust. Therefore, the applicant is not entitled to adjustment of his LTC DOR.
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) AR20140005618
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