BOARD DATE:	 12 December 2013 

		DOCKET NUMBER:  AR20130013702 


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 his date of rank (DOR) for promotion to the rank of captain (CPT) from 2013 to 2010 when he was first selected by a promotion selection board.

2.  The applicant states he had to branch transfer from the Medical Services Corps (MSC) to Infantry to advance his career.  However, it made him lose the chance for promotion before he transferred and all he wanted to do was advance his career.

3.  The applicant provides copies of his DA Form 71 (Oath of Office), promotion orders to first lieutenant (1LT), email, and the promotion selection list.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a U.S. Army Reserve second lieutenant in the MSC on 18 December 2004.  He was promoted to the rank of 1LT, MSC, on 17 December 2006.

2.  The applicant was selected for promotion to the rank of CPT, MSC, by the Fiscal Year (FY) 2010 Reserve Component Army Medical Department (AMEDD) CPT Promotion Selection Board which was released on 4 May 2010.  However, the applicant was not eligible to accept the promotion due to being under a suspension of favorable personnel actions (flag).

3.  On 5 December 2011, the applicant branch transferred and accepted an appointment as an infantry 1LT.  He was promoted to the rank of CPT, Infantry, on 1 July 2013.

4.  In the processing of this case a staff advisory opinion was obtained from the Chief, Officer Promotions Special Actions Branch, U.S. Army Human Resources Command (HRC), who opines that the applicant's claim that he should have been promoted based on being selected by the FY10 AMEDD CPT Promotion Selection Board is without merit.

	a.  The applicant was not eligible for promotion to the rank of CPT at the time he was selected by the FY10 AMEDD CPT Promotion Selection Board because he was flagged.  Additionally, he was reappointed on 5 December 2011 in the Infantry Branch which voided his selection by the FY10 AMEDD CPT Promotion Selection Board.

	b.  The applicant was considered by the first promotion selection board he was eligible for after his reappointment and was promoted on 1 July 2013, the date the board results were approved.  Accordingly, his DOR is correct and in accordance with Title 10, U.S. Code, section 14308(b)(2).

5.  The advisory opinion was forwarded to the applicant for comment and no response has been received by the Board staff to date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been promoted to the rank of CPT based on his original selection by the FY10 AMEDD CPT Promotion Selection Board has been noted and appears to lack merit.

2.  The applicant was not eligible to accept the promotion as an MSC CPT at the time because he was flagged and he subsequently branch transferred to the Infantry Branch which voided his selection as an MSC CPT.

3.  Accordingly, he was considered and selected by the first promotion selection board that he was eligible for based on his new DOR as an Infantry 1LT.

4.  In the absence of evidence to show otherwise, it appears that his current DOR as an Infantry CPT is correct and there is no error or injustice in his case.



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)                                         AR20130013702



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ABCMR Record of Proceedings (cont)                                         AR20130013702



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