IN THE CASE OF:
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140010788
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 correction of her military records by showing she is eligible to be considered for promotion to lieutenant colonel (LTC).
2. The applicant states that on 30 April 2006 she was honorably discharged from active duty as a captain. At the time she had been selected for major, but she decided to get out instead of accepting the promotion. She returned to serve in the U.S. Army Reserve (USAR) on 23 February 2010. She was not considered by two promotion boards for major despite the fact that she was already qualified for consideration. On 29 August 2011, she was promoted above the zone to major. She understands that once she returned to active service she had to serve for a period of time in her unit before she could be considered for promotion. However, in her case, she was not considered even after her year of service with the unit. Now she is in a year group behind her peers for LTC even though she is eligible for consideration.
3. The applicant provides copies of:
* DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 30 April 2006
* Orders C-02-002846, U.S. Army Human Resources Command (HRC), dated 23 February 2010
* Orders B-10-106961, HRC, dated 25 October 2011
CONSIDERATION OF EVIDENCE:
1. On 5 June 1997, the applicant entered active duty as a combat engineer officer, Engineer Corps, USAR. On 1 December 2000, she was promoted to captain, pay grade O-3.
2. On 30 April 2006, the applicant was discharged in the rank of captain, pay grade O-3, due to miscellaneous/general reasons. She had completed a total of 8 years, 10 months, and 26 days of active duty service.
3. Orders C-02-002846, HRC, dated 23 February 2010, announced the applicant's appointment as a captain, pay grade O-3, Engineer Corps, with assignment to the 85th USAR Support Command (West), effective 22 February 2010.
4. Orders B-10-106961, HRC, dated 25 October 2011, announced the applicant's promotion to major with an effective date and date of rank of
29 August 2011.
5. In the processing of this case, an advisory opinion was obtained from the Chief, Officer Promotions, Special Actions, HRC. It stated that on 30 April 2006 the applicant was discharged from the Army's Active Duty List (ADL) as a captain for miscellaneous/general reasons. There are no available records to confirm that she had been transferred to the Army's Reserve Active Status List (RASL) prior to her appointment effective 22 February 2010. During her break in service she was not eligible for promotion consideration. She did not attain eligibility for promotion consideration until the fiscal year 2011 Major, Army Promotion List, Non-Active Guard/Reserve Promotion Selection Board. Based on her date of rank for major, she is not currently in the promotion zone and is not eligible for promotion consideration to LTC. Accordingly, her request for promotion consideration was determined not to have merit.
6. Title 10, U.S. Code, section 14301 states an officer is eligible for consideration for Reserve promotion only if the officer is on the RASL and during the one-year period ending on the date of the convening of the promotion board the officer has continuously performed service on either the RASL or the ADL (or a combination of both lists).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her military records should be corrected by showing she is eligible to be considered for promotion to LTC because she was not considered by two previous major promotion selection boards.
2. The available evidence shows the applicant was discharged in the rank of captain in 2006. She subsequently entered the USAR in 2010 in the rank of captain. During her break in service, she was not eligible for promotion consideration. After she entered the USAR, she was not eligible for promotion consideration until she had been on the RASL for the one-year period ending on the date of the convening of the promotion board.
3. The available evidence shows the applicant was promoted to major effective 29 August 2011, the year following her reentry into the USAR. In the absence of evidence to the contrary it appears she appeared before the first major board to convene after she had been on the RASL for one year.
4. The applicant's contention that she is now a year behind her peers is most likely true, and is the result of her break in service during 2006-2010.
5. There is no apparent error or injustice in this case.
6. In view of the above, the applicant's request should be denied.
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) AR20140010788
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