IN THE CASE OF:	  

		BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120010076 


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 adjustment of his date of rank (DOR) for promotion to of captain (CPT) to an earlier date.

2.  The applicant states his promotion packet was submitted in November 2010 with eligibility in March/April 2011; however, his promotion was not granted until October 2011 even though he was occupying a CPT position as a company commander with an effective date of 12 September 2010.  He also states he held a CPT position as the battalion adjutant prior to taking command.

3.  The applicant provides copies of three unit manning reports (UMR), an assumption of command memorandum, and his promotion orders.

CONSIDERATION OF EVIDENCE:

1.  After serving 12 years in the Oklahoma Army National Guard, he enlisted in the U.S. Army Reserve in pay grade E-6 on 22 October 2004.  He was promoted to pay grade E-7 on 1 March 2006.

2.  On 5 August 2007 he was appointed as a second lieutenant in the U.S. Army Reserve.  He was promoted to the rank of first lieutenant on 4 February 2009 and to the rank of CPT on 5 October 2011.

3.  In the processing of this case, a staff advisory opinion was obtained from the U.S. Army Human Resources Command, Fort Knox, Kentucky, which opines that the earliest DOR the applicant could have under regulatory requirements is 4 February 2011, the date he met the minimum time-in-grade requirements for promotion, provided he was occupying a CPT position on that date.  The applicant was selected by the Fiscal year 2010 CPT Army Promotion List Promotion Selection Board that was approved by the Secretary of the Army on 27 January 2011.  The advisory opinion was provided to the applicant for comment and he had no additional comments to add.

4.  The UMR's provided by the applicant show he was occupying a CPT position effective 21 January 2010.

5.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) provides in paragraph 4-21 that all Reserve Component officers must meet the qualifications for promotion set forth in chapter 2 prior to the effective date of promotion.  This is provided that it is no earlier than the date the respective board was approved by the appropriate authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DOR for promotion to the rank of CPT should be earlier than 5 October 2011 has been noted and appears to have merit.

2.  The applicant was selected by a duly-authorized promotion selection board that was approved on 27 January 2011.  He met the time in grade requirements on 4 February 2011 and was occupying a CPT position on that date.

3.  Accordingly, he is entitled to have his DOR and effective date of promotion adjusted to 4 February 2011 with entitlement to all back pay and allowances that flow from that change.

BOARD VOTE:

____x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 adjusting his DOR and effective date for promotion to the rank of CPT to 4 February 2011 with entitlement to all back pay and allowances that flow from that change.



      ___________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)                                         AR20120010076



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120010076



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1