BOARD DATE: 29 October 2015
DOCKET NUMBER: AR20150003095
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 captain (CPT) be adjusted to 29 January 2012 from 1 May 2012.
2. The applicant states his DOR to CPT was in May 2012 when it should have been in January 2012. According to the Notification of Selection for Promotion memorandum, dated May 2011, his effective date of promotion and DOR should have been the date he was in the duty position as required by Army Regulation 135-155 (Army National Guard and U.S. Army Reserve (USAR) - Promotion of Commissioned Officers and Warrant Officers Other Than General Officers). His orders officially put him in the required position on 29 January 2012.
3. The applicant provides two orders and a memorandum.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was appointed as a Reserve second lieutenant in the USAR on 16 May 2008. On 30 November 2009, he was promoted to the rank/grade of first lieutenant (1LT)/O-2. He was assigned to the U.S. Army Transportation Surface Brigade, North Charleston, SC.
2. He provides and his record contains:
a. A memorandum, dated 18 May 2011, subject: Notification of Selection for Promotion, from Headquarters (HQ), 81st Regional Support Command (RSC), Fort Jackson, SC, wherein it stated, in part, a Department of the Army Reserve Components Mandatory Selection had selected him for promotion [to CPT]. As a troop program unit (TPU) officer, to be promoted, he must be assigned to a duty position as required by Army Regulation 135-155 for his area of concentration (AOC). His effective DOR would be the date he was in a duty position as required for his AOC.
b. Orders 12-024-00029, dated 24 January 2012, issued by HQ, 81st RSC, reassigning him from his current assignment to a TPU outside the command, 308th Psychological Operations (PO) Company, Belton, MO, effective 29 January 2012.
c. Orders B-05-203517, dated 9 May 2012, issued by the U.S. Army Human Resources Command (HRC), promoting him to the rank of CPT with an effective date and DOR of 1 May 2012.
3. AHRC Form 56-R (Promotion Qualification Statement), dated 1 May 2012, completed by the commander, 308th PO Company, shows the applicant was placed in a CPT, 37A (PO Officer), position on 1 May 2012.
4. In the processing of this case an advisory opinion, dated 7 April 2015, was obtained from the Chief, Officer Promotion Management, HRC. The advisory official recommended disapproval of the applicant's request and stated the applicant's assertion that his DOR should be adjusted to 29 January 2012 was in error and did not have merit. The applicant was assigned to the 308th PO Company on 29 January 2012. The documents submitted by his chain of command show he was not assigned to a higher grade position until 1 May 2012. This is his current DOR.
5. On 30 April 2015, the applicant was provided a copy of the advisory opinion for his information and comment or rebuttal; however, no response was received.
6. Army Regulation 135-155 states, in part, an officer who has been recommended for promotion to the next higher grade must be filling a valid position in the next higher grade in order to be promoted.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms, in accordance with governing regulations, the applicant was properly promoted to the rank of CPT on 1 May 2012 with a DOR of 1 May 2012. Although he had been assigned to the 308th PO Company on 29 January 2012, his record shows he was not placed into a valid CPT position
until 1 May 2012 and this the date he became eligible for promotion to CPT. There was no error or injustice.
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) AR20150003095
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ABCMR Record of Proceedings (cont) AR20150003095
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