BOARD DATE: 11 December 2012 DOCKET NUMBER: AR20120000933 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 adjustment of his promotion to major (MAJ) in the U.S. Army Reserve (USAR) from 19 October 2011 to 7 April 2011. 2. The applicant states: * he was told he occupied a valid and qualified position as a MAJ in his unit on 7 April 2011 and that his unit submitted a U.S. Army Human Resources Command (AHRC) Form 56-R (Promotion Qualification Statement) * upon departure of his unit S-1, a sergeant first class took over the duties and reported that the transfer to the higher position was delayed * a lapse on the part of his unit S-1 resulted in the submission of an AHRC Form 56-R without first moving him from the excess position * he was unaware that he had not been moved from his original position and he believed he was still fully qualified for the higher position and thus the promotion * he made several attempts to rectify the situation and ultimately an AHRC Form 56-R was submitted that led to the delayed promotion 3. The applicant provides: * self-authored memorandum, dated 5 January 2012 * DA Form 2B (Personnel Qualification Record (PQR)), dated 23 January 2008 and 7 April 2011 * mobilization Orders A-03-007121, dated 9 March 2010 * DA Form 67-9 (Officer Evaluation Report) for the period ending 4 November 2010 * mobilization Orders A-12-035136, dated 21 December 2010 * Unit Manning Reports (UMR), dated 7 April 2011, 8 November 2011, and 13 November 2012 * AHRC Forms 56-R, dated 8 April 2011, 8 and 9 November 2011, and 9 November 2012 * memorandum, Office of the Chief, Army Reserve, dated 30 April 2010, subject: Promotion of Mobilized and Active Duty for Operational Support Army Reserve Troop Program Unit (TPU) Officers * memorandum, Headquarters, 88th Regional Support Command, dated 7 June 2011, subject: Notification of Selection for Promotion * promotion Orders B-11-107506, dated 16 November 2011 * 4225th U.S. Army Hospital Newsletter, dated December 2011 * memorandum, 4225th U.S. Army Hospital, dated 21 December 2011, subject: Command Validation and Support for Change to Date of Rank (DOR) on (Applicant) * response to advisory opinion, dated 14 November 2012 * multiple email exchanges with various officials and individuals CONSIDERATION OF EVIDENCE: 1. Having prior enlisted service, the applicant was appointed as an Army Nurse Corps Reserve commissioned officer and executed an oath of office on 11 March 1999. 2. He served in a variety of assignments, including a period of mobilization from February 2004 to April 2005, and he was promoted to captain on 8 July 2005. 3. On 24 August 2006, AHRC issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-year letter). 4. The applicant was ordered to and entered active duty on 14 April 2008. 5. On 7 June 2011, an official at the 88th Regional Support Command notified the applicant that he had been selected by a Department of the Army Reserve Components Selection Board (RCSB) and he would have to be fully qualified for promotion and assigned to a duty position in the higher grade in order to be promoted. His promotion date could not be prior to the approval date of the board that selected him for promotion. The approval date for this RCSB was 22 March 2011. 6. The applicant submits supporting documentation as follows: a. An AHRC Form 56-R, dated 8 April 2011, shows he occupied paragraph/line number 011/07 (a MAJ position) effective 7 April 2011. Attached to this form is a copy of a PQR, dated 7 April 2011, that shows he was assigned to an excess position coded "9990." b. An AHRC Form 56-R, dated 9 November 2011, shows he occupied paragraph/line number 011/07 (a MAJ position) effective 19 October 2011. Attached to this form is a copy of a UMR, dated 8 November 2011, that shows he was assigned to a MAJ position as of 19 October 2011. c. A memorandum from his commander, dated 21 December 2011, states it was the hospital commander's intent to promote him on 7 April 2011. However, difficulties arose in correcting his position on the UMR which resulted in his promotion delay. 7. On 16 November 2011, AHRC published Orders B-11-107506 promoting the applicant to MAJ with an effective date and DOR of 19 October 2011. 8. An advisory opinion was obtained from AHRC on 29 October 2012 in the processing of this case. An HRC official states: a. The applicant's DOR to MAJ is correct based on being in an authorized higher position not earlier than the approval date of his respective board as specified in Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers), paragraph 4-9a(1). b. The AHRC Officer Promotions Branch received multiple AHRC Form 56-R and PQR's from the applicant's supporting command, but with different assigned positions, and finally for a position that his current grade is based on, 19 October 2011. c. If the applicant can submit proof of assignment to the higher position with a substantiated UMR and new AHRC Form 56-R for the requested date (7 April 2011), he would then be eligible for promotion earlier than the current date. 9. On 14 November 2012, the applicant responded to the advisory opinion without indicating his concurrence or nonconcurrence. Instead, he submitted or resubmitted the following: * a previously-submitted AHRC Form 56-R, dated 8 April 2011, together with a UMR, dated 7 April 2011, which does not show he was assigned to the higher position * a new AHRC Form 56-R, dated 9 November 2012, together with a UMR, dated 13 November 2012, which show he was assigned to the higher position on 19 November 2011 10. Army Regulation 135-155 provides policy for selecting and promoting commissioned officers of both the Army National Guard and USAR. Paragraph  4-9a(1) states a USAR TPU officer who is considered and selected by a mandatory promotion board will be promoted and transferred from the unit to the Individual Ready Reserve (IRR). The officer will be promoted within 60 days of receipt of promotion notification or the normal established promotion eligibility date, whichever is later. Transfer to the IRR will not occur when the officer fills a vacancy in the unit in a higher grade. DISCUSSION AND CONCLUSIONS: 1. The applicant was selected for promotion to MAJ by a mandatory promotion board. The AHRC Officer Promotions Branch received multiple AHRC  Forms 56-R and PQR's from the applicant's supporting command, but with different assigned positions, and finally for a position that his current grade is based on, 19 October 2011. 2. The UMR's he submitted clearly show he was assigned to the higher position no earlier than 19 October 2011. His DOR to MAJ appears to be correct based on being in an authorized higher position not earlier than the approval date of his respective board as specified in the governing regulation. There is neither an error nor an 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 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) AR20120000933 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120000933 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1