RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 October 2007 DOCKET NUMBER: AR20070012127 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. Hubert O. Fry, Jr. Chairperson Mr. Michael J. Flynn Member Mr. William Blakely 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 correction of his military records to show his date of rank and effective date as a lieutenant colonel as 26 January 2004, and to receive back pay and allowances based on that date. The applicant also requests to personally appear before the Board. 2. The applicant states, in effect, that his records were reconsidered by a Special Selection Board (SSB) using the 2003 promotion criteria resulting in his selection for promotion to lieutenant colonel. 3. The applicant provides copies of his active duty orders, original promotion order, SSB promotion order, statement of service, and letter from the Defense Finance and Accounting Service. CONSIDERATION OF EVIDENCE: 1. At the time of his application, the applicant, a United States Army Reserve officer, was serving on active duty in the rank of lieutenant colonel. 2. Memorandum, United States Army Human Resources Command, St. Louis, Missouri, dated 9 March 2005, promoted the applicant to the rank of lieutenant colonel with a date of rank and effective date of 10 February 2005. 3. On 27 March 2006, an SSB reconsidered the applicant’s records and selected him for promotion to lieutenant colonel under the 2003 promotion criteria. 4. Orders B-11-608210, United States Army Human Resources Command, St. Louis, Missouri, dated 2 November 2006, promoted the applicant to the rank of lieutenant colonel with a date of rank and effective date of 26 January 2004. DISCUSSION AND CONCLUSIONS: 1. The applicant requested a personal appearance before the Board; however, since there is sufficient evidence of record to fully consider this case, a formal hearing is not warranted. 2. The applicant was selected for promotion to lieutenant colonel under the 2004 promotion criteria with a date of rank and effective date of 10 February 2005. On 27 March 2006, he was reconsidered for promotion by an SSB for promotion under the 2003 promotion criteria and selected with a date of rank and effective date of 26 January 2004. 3. In view of the above, the applicant’s records should be corrected to show that he was promoted to lieutenant colonel effective 26 January 2004 and that he is entitled to receive all unpaid pay and allowances due to him as a result of this promotion. BOARD VOTE: __WB___ __MJF __ __HOF__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he was promoted to lieutenant colonel with a promotion effective date and date of rank of 26 January 2004, with entitlement to all applicable pay and allowances due from that date; and b. offsetting the pay and allowances received by the applicant in his previous status and payment of any difference that he may be due. __ _Hubert O. Fry, Jr.___ CHAIRPERSON INDEX CASE ID AR20070012127 SUFFIX RECON DATE BOARDED 20071023 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY . . . . . DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 131 2. 128 3. 4. 5. 6.