BOARD DATE: 1 March 2016 DOCKET NUMBER: AR20150005657 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 promotion to captain/pay grade O-3. 2. The applicant states he was transferred and assigned to fill a permanent brigade captain/pay grade O-3 position as a first lieutenant/pay grade O-2. At the time of his discharge he was only 24 days shy of meeting the 24-month time in grade rule for placement on the captain promotion list. He believes that if not for his injuries that he incurred in Afghanistan, he would have met the 24-month time in grade requirement. His service in the O-3 position demonstrated that he was qualified for promotion based on his integrity, professionalism and skill-set required for the grade. 3. The applicant provides copies of – * HQ Iowa National Guard Orders 092-012 * HQ Iowa National Guard Orders 314-003 * National Guard Bureau (NGB) memorandum dated 17 November 2011 * HQ Iowa National Guard Orders 259-056 * HQ Iowa National Guard Orders 260-013 * HQ Iowa National Guard Orders 270-076 * U.S. Army Physical Disability Agency (USAPDA) Orders D 199-14 CONSIDERATION OF EVIDENCE: 1. HQ Iowa National Guard Orders 314-003, dated 10 November 2011, show the applicant was promoted to first lieutenant/pay grade O-2, with a date of rank and effective date of 18 September 2011. NGB memorandum dated 17 November 2011 confirmed his promotion as a Reserve of the Army with the same date of rank and effective date. 2. HQ Iowa National Guard Orders 092-012, dated 2 April 2013 show that, effective 1 April 2013, the applicant was transferred at his request from a battalion to a brigade position. 3. USAPDA Orders D 199-14, dated 18 July 2013, placed the applicant on the retired list due to physical disability effective 22 August 2013. 4. During the processing of this case an advisory opinion was obtained from the NGB. The Deputy Chief, Personnel Policy Division recommended disapproval of the applicant’s request. The advisory official noted that the applicant’s date of rank was 18 September 2011 and pointed out that: a. Title 10, United States Code (10 USC), section 14315 provides that a Reserve first lieutenant officer who is occupying a higher grade position and is promotable or eligible for Federal Recognition if they have served the minimum period required by section 14203. b. 10 USC section 14303 requires officers in pay grade O-2 to have served 2 years in grade to be considered for promotion. c. Department of the Army, Office of the Assistant Secretary, Manpower and Reserve Affairs memorandum, dated 27 January 2009; Subject Grade of Officers when retiring or separating for physical disability who would have been promoted but for their separation for physical disability may be promoted only if their name is already on an approved list. DISCUSSION AND CONCLUSIONS: 1. The applicant believes that he should be promoted to pay grade O-3 because he was selected for and successfully served in a captain’s position. He gave it up for the good of the unit although he could have prolonged his disability case until he had served enough time to be promoted. 2. While the applicant might have been able to hang onto his position and prolong his disability case, unfortunately he did not do so. 3. He did not serve the required time in grade; he was not on an approved promotion list and; by law, he is not eligible for promotion. 4. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. 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) AR20150005657 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005657 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1