IN THE CASE OF:  	  

		BOARD DATE:  7 April 2015	  

		DOCKET NUMBER:  AR20140020993 


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 date of rank (DOR) to major from 16 March 2010 to 10 September 2009.

2.  The applicant states:

	a.  During the release of the 2009 major board results, she was assigned to the 55th Sustainment Brigade which had no valid Active Guard Reserve (AGR) major positions on the unit manning report.  She applied to the Acquisition Corps, was accepted, and she received assignment orders to report to the Program Executive Officer, Enterprise Information Systems, at Fort Belvoir, VA, on 10 September 2009.  However, the orders were later revoked on 17 August 2009 for no valid reason.

	b.  She interviewed for another position at Fort Belvoir, VA, was selected, and she was reassigned to a valid major position on 2 November 2009 as the Assistant S-2/3 (paragraph 005, line 03).

	c.  She received promotion orders on 3 June 2010 with a DOR of 16 March 2010.

	d.  Her records are in error/unjust because she was not promoted upon signing into her new unit at Fort Belvoir, VA.



3.  The applicant provides:

* reconsideration of control specialty code, dated 3 August 2009
* assignment orders, dated 6 August 2009 and 2 October 2009
* email, dated 7 August 2009
* revocation orders, dated 17 August 2009
* promotion orders, dated 3 June 2010

CONSIDERATION OF E1VIDENCE:

1.  Having prior enlisted service in the Regular Army and Army National Guard, the applicant was commissioned as a second lieutenant in the U.S. Army Reserve (USAR) on 17 May 1997.  She entered active duty under the USAR AGR Program on 12 September 1999.  She was promoted to captain on 17 March 2003.

2.  She provided U.S. Army Human Resources Command (HRC) Orders 
R-08-985660, dated 6 August 2009, which show she was reassigned to Fort Belvoir effective 10 September 2009.  These orders were revoked on 17 August 2009.

3.  She provided HRC Orders R-10-986974, dated 2 October 2009, which show she was reassigned to the Assistant S-2/3 position (paragraph 005, line 03), Headquarters, 3rd Brigade, Fort Belvoir, effective 2 November 2009.

4.  She was promoted to major on 16 March 2010 with a DOR of 16 March 2010 based on completing the maximum time in grade as a captain, which is 7 years.

5.  In the processing of this case, a staff advisory opinion was obtained from HRC, dated 4 February 2015.  The Chief, Officer Promotion Management, recommended denial of the applicant's request.  The opinion states:
 
	a.  The applicant's assertion that her DOR should be adjusted is an error and does not have merit.

	b.  She reached her maximum time in grade as a captain with a promotion eligibility date of 16 March 2010.  On 24 September 2009, she requested "high school stabilization" until June 2010 at which time her daughter would graduate.

	c.  After investigating the Soldier Management System transactions, that office found she was "double slotted" as a result of her stabilization request in the Assistant S-2/3 position (paragraph 005, line 03) that was occupied by another major.  In accordance with Title 10, U.S. Code, section 14308(e)(1), and Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 4-9c, she could not be promoted due to being "double slotted" in a major position.

6.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  She did not respond.

7.  Army Regulation 135-155, paragraph 4-9c, states a USAR AGR officer considered and selected by a mandatory promotion board but who cannot be promoted due to strength and/or position limitations will be forwarded a memorandum from the Chief, Army Reserve, that will give the officer two options.  The officer can voluntarily leave the AGR Program and accept promotion in the higher grade (but not before the date of completion of maximum time in grade in the current grade) or the officer can remain in the current grade in the AGR Program.  The maximum time in grade for promotion to major is 7 years as a captain.  Officers who remain in the USAR AGR Program will be considered to be in an indefinite involuntary delay status per Title 10, U.S. Code, section 14311(e), and will remain on the promotion list.

8.  The term "double slotted" means a Soldier is assigned as overstrength to a valid position already encumbered by another Soldier.  The overstrength Soldier does not hold a valid position for purposes of promotion until the previously-assigned Soldier vacates the position.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested adjustment of her DOR to major to 10 September 2009.

2.  She contends she should have been promoted to major upon her assignment as the Assistant S-2/3.  However, the Chief, Officer Promotion Management, HRC, noted she was "double slotted" in the Assistant S-2/3 position on the unit manning document in paragraph 005, line 03 that was occupied by another major in 2009.

3.  In accordance with the governing regulation, she could not be promoted earlier due to being "double slotted" in a major position based on her request for a 1-year high school stabilization tour.  

4.  It appears she was promoted to major effective 16 March 2010 when she reached her maximum time in grade as a captain on her promotion eligibility date.  Her maximum promotion eligibility date is 7 years from her date of rank as a captain which was 17 March 2003.
5.  In view of the foregoing evidence, the applicant's DOR for major is appropriate and reasonable and should not be adjusted.

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)                                         AR20140020993



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ABCMR Record of Proceedings (cont)                                         AR20140020993



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