IN THE CASE OF: BOARD DATE: 15 September 2009 DOCKET NUMBER: AR20090003397 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 that his date of rank (DOR) to major be changed to June 2005 instead of July 2005. 2. The applicant states, in effect, that he was not able to transition to the higher position upon notification of selection. He contends that he was forced to wait until a position became available or permanent change of station to accept the higher grade. 3. The applicant provides active duty assignment orders; permanent change of station orders; and promotion orders in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant was appointed a second lieutenant in the Army National Guard effective 27 July 1991. He was promoted to first lieutenant on 26 July 1994 and promoted to captain on 9 June 2000. 2. The applicant was ordered to active duty in an Active Guard Reserve (AGR) status on 19 March 2003. 3. The applicant was promoted to major on 1 July 2005. 4. In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, Department of the Army Promotions, U.S. Army Human Resources Command, St. Louis, Missouri. The opinion points out that the applicant was selected for promotion to major by the 2005 Department of the Army (DA) Reserve Components Major Selection Board. The board was approved on 8 June 2005 and released on 28 June 2005. The applicant was promoted to major with a DOR of 1 July 2005, his date of assignment to the higher graded position in the AGR. The opinion points out that paragraph 4-21 of Army Regulation 135-155 states that an AGR officer will be promoted on the date of assignment to position in the higher grade. Due to the fact that applicant was not assigned prior to 1 July 2005, he is not eligible for an earlier DOR. That office recommends that the applicant's request be disapproved. 5. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. The applicant did not respond within the given time frame. 6. Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve Component officers. Paragraph 4-21d of this regulation states that AGR officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade. An AGR officer who is selected for promotion by a mandatory promotion board, but who is not assigned/attached to a position in the higher grade will be promoted on the date of assignment/attachment to a higher graded position or the day after release from AGR status. The date of rank will be the date the officer attained maximum time in grade or the date on which assigned/attached to a position in the higher grade, whichever is earlier. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows that the applicant was selected for promotion to major by the 2005 DA Reserve Components Major Selection Board. The board was approved on 8 June 2005 and released on 28 June 2005. 2. Evidence of record also shows the applicant was assigned to a major position on 1 July 2005 and that he was promoted to major on 1 July 2005 with a DOR of 1 July 2005. There is no evidence of record and the applicant provided none which shows he was assigned to, or would have been assigned to, a position in the higher grade in June 2005 or before 1 July 2005. Therefore, in accordance with the governing regulation, there is an insufficient basis for granting the applicant's request. 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) AR20090003397 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090003397 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1