BOARD DATE: 17 February 2011 DOCKET NUMBER: AR20100016602 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 continuation of the special selection board (SSB) process considering him for promotion to lieutenant colonel (LTC)/O-5 in the U.S. Army Reserve (USAR) under the 2003 through 2007 criteria. 2. The applicant states that upon his return from Afghanistan in 2010, he was notified the SSB process for consideration for promotion to LTC in the USAR under the 2003-2007 criteria that had begun while he was on active duty was stopped. He claims his records were not properly reviewed when they should have been due to errors beyond his control. He believes his records were never reviewed by U.S. Army Human Resources Command (HRC) because he was in a dual status. He concludes by stating the Board should correct this injustice and his intent is to return to active duty. 3. The applicant provides the following documents in support of his application: * HRC promotion documents, dated 29 February 2008 and 9 July 2008 * a U.S. Total Army Personnel Command (now know as HRC) promotion document, dated 12 June 1998 * an error memorandum, dated 29 February 2008 * an HRC notification letter, dated 28 January 2010 CONSIDERATION OF EVIDENCE: 1. The applicant's record shows he served on active duty in the Regular Army (RA) in an enlisted status from 6 March 1976 through 28 February 2009, at which time he honorably retired in the rank of command sergeant major (CSM)/E-9. 2. The record shows that on 11 June 1987, while serving on active duty as an RA sergeant first class/E-7, the applicant was appointed as a second lieutenant/O-1 in the USAR. On 18 July 1990, he was promoted to USAR first lieutenant/O-2. 3. On 1 February 1994, the applicant was promoted to CSM/E-9 in the RA. 4. As a result of action by this Board, the applicant was considered and selected for promotion to USAR captain/O-3 on 18 July 1994 and to USAR major/O-4 on 12 June 1998 by an SSB. 5. In August 2009, an SSB considered and did not select the applicant for promotion to LTC/O-5 under the 2001 promotion criteria. 6. On 28 January 2010, the applicant was notified in an HRC, St. Louis, Missouri, memorandum that by direction of the Assistant Secretary of the Army for Manpower and Reserve Affairs, the practice of granting SSB's for former officers without directive of the Army Board for Correction of Military Records (ABCMR) was stopped and as a result he would have to apply to this Board for further consideration by an SSB. 7. Army Regulation 600-39 (Dual Component Personnel Management Program) set policy and responsibility governing the Dual Component Personnel Management Program in effect at the time. It identified dual component personnel as RA or Army of the United States enlisted or warrant officer members serving in that capacity on active duty who have been appointed and who simultaneously hold status as a Reserve commissioned or warrant officer. The dual service component concept was to swiftly satisfy mobilization requirements through procurement of trained commissioned and warrant officers. Members on active duty afforded the Department of the Army ready assets during times of rapid expansion of the active component of the Army. There were no provisions allowing for the continuation of members in a dual component status subsequent to their length of service retirement from active duty. 8. Title 10, U.S. Code, section 3964, provides the legal authority for advancement of warrant officers and enlisted members on the Retired List. It states that warrant officer and enlisted members of the Army are entitled, when their active service plus their service on the Retired List totals 30 years, to be advanced on the Retired List to the highest grade in which they served on active duty satisfactorily. There are no provisions allowing for advancement to a higher grade never held on active duty. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that the SSB process for his promotion to LTC/O-5 in the USAR should be continued and he should be returned to active duty has been carefully considered. However, there is insufficient evidence to support this claim. 2. The evidence of record confirms that in August 2009 the applicant was considered and not selected for promotion to LTC/O-5 under the 2001 criteria while serving on active duty as an RA CSM/E-9. It further shows he was subsequently released from active duty in an enlisted status and placed on the Retired List in the grade of CSM/E-9 on 28 February 2009. Given the applicant was not selected for promotion to LTC/O-5 shortly before his retirement and subsequent to his attaining the RA enlisted grade of CSM/E-9, it is not likely his record would have supported his promotion to LTC/O-5 even had the SSB process continued. 3. Given the applicant never served on active duty in a commissioned officer status and retired as an RA CSM/E-9, his USAR promotion to LTC/O-5 would not support his advancement on the Retired List nor would it provide a basis for his continued active duty service. As a result, given no change in his current retired status would be achieved and no effective relief would result from further promotion consideration, it would not be appropriate to grant the requested relief. 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) AR20100016602 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100016602 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1