RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 06 MAY 2008 DOCKET NUMBER: AR20080001060 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. Director Analyst The following members, a quorum, were present: Chairperson Member 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, in effect, reconsideration to amend her date of rank to lieutenant colonel (LTC) from 29 May 1998 to 14 March 1998. 2. The applicant states, in effect, her former commander’s statement will verify that she met the requirements for the position and position grade for which she was hired. Therefore, she would like reconsideration to amend her date of rank from 29 May 1998 to 14 March 1998. 3. The applicant provides a personal statement dated 7 January 2008, a memorandum for record from her former commander dated 15 October 2007, and the prior Army Board for Correction of Military Record (ABCMR) proceeding dated 19 April 2007. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20060009100, on 19 April 2007. 2. In the original decision the ABCMR found that the applicant was promoted to major on 14 March 1991. The time-in-grade requirement for promotion to LTC is 7 years; therefore, her promotion eligibility date was 13 March 1998. The applicant was considered, and selected for promotion to LTC by the 1997 Department of the Army Reserve Components Selection Board (RCSB) that convened on 29 September 1997. Under the Reserve Officers Personnel Management Act (ROPMA), an officer could not be promoted until the board had been approved by the President of the United States. The board was approved by the President on 29 May 1998 and the results were released on 18 June 1998. The applicant was issued a promotion memorandum dated 24 June 1998, with a date of rank of 29 May 1998, the earliest date possible for her date of rank. 3. The applicant provided new evidence which requires that her case be reconsidered by the ABCMR. 4. While the applicant submitted a memorandum for record from her former commander as new evidence, the memorandum states, in effect, the applicant was interviewed and selected for a LTC position as a Command and General Staff Officers Course (CGSOC) instructor, on 11 February 1997. All of the CGSOC positions were LTC positions. When the applicant was subsequently selected for promotion, she was immediately eligible for promotion and was promoted. DISCUSSION AND CONCLUSIONS: 1. The applicant requests reconsideration to amend her date of rank to LTC from 29 May 1998 to 14 March 1998. 2. Considering all the evidence of record and the information currently obtained from the applicant's military personnel records, the applicant was considered and selected for promotion to LTC, with 7 years time-in-grade and a promotion eligibility date of 13 March 1998, by the 1997 RCSB that convened on   29 September 1997. The board was approved by the President on 29 May   1998 and the results were released on 18 June 1998. Subsequently, she was issued a promotion memorandum dated 24 June 1998 with a date of rank of   29 May 1998. 3. Since an officer cannot be promoted prior to the date the President approves the promotion list, there are no provisions to backdate the applicant's date of rank to LTC. 4. In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit sufficient evidence that would satisfy this requirement; therefore, she is not entitled to amend her date of rank to LTC from 29 May 1998 to 14 March 1998. 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 to amend the decision of the ABCMR set forth in Docket Number AR20060009100, dated 19 April 2007. __________X____________ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20080001060 2 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508