IN THE CASE OF: BOARD DATE: 19 February 2009 DOCKET NUMBER: AR20080009691 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 the effective date and date of rank for his promotion to captain (CPT) be changed to 5 February 2007. 2. The applicant states, in effect, that he was assigned to and serving in a valid position with the 807th Medical Command (MEDCOM) from 22 May 2006 through 24 April 2007. He claims he was in a valid CPT position before, during and after the CPT Army Medical Department (AMEDD) promotion selection board process. He states that the promotion list was released on 11 April 2007, and he was transferred to the trainee, transient, holdee and student (TTHS) account on 24 April 2007, after the promotion process was completed. He states he was released from the TTHS on 7 January 2008 and he was promoted to CPT on that same date. 3. The applicant provides no additional documentary evidence in support of her application. CONSIDERATION OF EVIDENCE: 1. The applicant's record shows he was commissioned a second lieutenant in the United States Army Reserve on 6 February 2002, and was promoted to first lieutenant (1LT) on 5 February 2004. 2. On 24 April 2007, the applicant was reassigned from his Troop Program Unit (TPU) (807th MEDCOM) to the MEDCOM TTHS. 3. On 26 April 2007, the 2007 AMEDD CPT Reserve Component Selection Board (RCSB) promotion selection list was released and confirmed the applicant was included in the list of selectees. 4. On 7 January 2008, the applicant was reassigned from the MEDCOM TTHS to the 807th MEDCOM, and Headquarters, Army Reserve MEDCOM Orders 08-007-00071 were published authorizing his promotion to CPT effective and with a date of rank of 7 January 2008. 5. During the processing of this case, an advisory opinion was obtained from the United States Army Human Resources Command, St. Louis, Missouri (HRC-St. Louis) Chief, Special Actions Branch, Department of the Army (DA) Promotions. This official recommends disapproval of the applicant's request. He stated that Soldiers in the TTHS are not assigned positions in TPUs and therefore, are not promotable. He confirms the 2007 DA RCSB CPT AMEDD promotion selection list was released on 26 April 2007, and that the applicant had been transferred to the TTHS prior to the release of the list. He further confirms that Soldiers selection for promotion who are in the TTHS are promoted upon release from the TTHS and assigned back to a unit providing all promotion requirements are met. He further states that the applicant was promoted to CPT effective and with a date of rank of 7 January 2008, which is the date he was reassigned back to a unit from the TTHS. 6. On 4 September 2008, the applicant was provided a copy of the HRC-St. Louis advisory opinion in order to have the opportunity to rebut its contents. To date, he has failed to respond. 7. 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 Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR). 8. Paragraph 4-21 of the RC promotion regulation contains guidance on promotion effective dates and dated of rank. It states, in effect, that unit officers must be in a position authorized the higher grade to be promoted. Those whose promotions are delayed and who are later assigned to a higher graded position will be promoted on the date of assignment to the higher graded position. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his promotion date should be changed to 5 February 2007, was carefully considered. However, there is insufficient evidence to support this claim. 2. By regulation, unit officers must be in a position authorized the higher grade in order to be promoted. The evidence of record in this case confirms the applicant was in the TTHS and was not assigned to a position authorized the higher grade when the promotion list was released on 26 April 2007. It further shows he was assigned back to his TPU in a CPT position on 7 January 2008, and was promoted to CPT on that same date. 3. The evidence of record confirms the applicant's promotion to CPT was accomplished in accordance with the applicable regulation. Therefore, absent any evidence of error or injustice related to the delay in his promotion to CPT, there is an insufficient evidentiary basis to support granting the requested relief. 4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 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) AR20080009691 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080009691 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1