RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 March 2008 DOCKET NUMBER: AR20070006847 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. James E. Anderholm Chairperson Mr. William D. Powers Member Mr. Jerome L. Pionk Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an adjustment to his date of rank (DOR) for major from 17 November 2004 to 11 June 2004. 2. The applicant states that he was promotable on 11 June 2004 while his unit was being mobilized for deployment to Iraq. His packet was initiated on 20 July 2004, and approved at Regimental Headquarters on 25 July 2004. His packet was sent to the promotion board without a current copy of his annual medical certificate. This delayed his promotion until 30 September 2004. Federal recognition was published effective 17 November 2004. 3. The applicant provides copies of his Service School Academic Evaluation Report (DA Form 1059) and a letter of support from his regimental commander. CONSIDERATION OF EVIDENCE: 1. At the time of his application, the applicant was serving as member of the Tennessee Army National Guard in the rank of major, with a DOR of 17 November 2004. 2. Orders 243-246 [as amended], Tennessee Army National Guard, dated 30 August 2004, promoted the applicant to the rank of major based on a position vacancy, effective 17 November 2004. 3. In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia. It stated that the applicant was promoted based on a position vacancy, and the recommendation was that the applicant’s request for an adjustment of his DOR be denied. 4. The advisory opinion was mailed to the applicant on 7 January 2008. The applicant has not responded. 5. The Reserve Officer Personnel Management Act (ROPMA), effective 1 October 1996, prescribed the policies and procedures to consolidate and modernize the laws governing the management of Reserve component officers. ROPMA specifies that the officer must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve or an Individual Mobilization Augmentee position. 6. The letter of support provided by the applicant clearly discusses the circumstances surrounding the delay of his promotion, his personal hardship as a result of being mobilized, and the personnel concerns with establishing a new mobilization site. The author further states that the applicant attained promotable status as of 11 June 2004, but does not say he was in a major's position at that time. DISCUSSION AND CONCLUSIONS: 1. There is no evidence showing that the applicant was assigned to a major's position at any time prior to 17 November 2004. 2. ROPMA specifies that an officer must be serving in the higher graded position to be promoted. In the applicant's case, he was not assigned to a major's position until 17 November 2004. Therefore, his request to adjust his date of rank should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _JEA __ __WDP__ __JLP ___ 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. __ James E. Anderholm __ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.