IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150003816 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, in effect, retroactive promotion to colonel (COL)/pay grade O-6. 2. The applicant states: a. He was erroneously delayed advancement to COL in the Reserve of the Army and on the Army Retired List. b. By happenstance, he recently discovered the U.S. Senate had confirmed his Army Reserve promotion to COL in 1984. He was never informed of this, but he was subsequently informed more than once that he was not selected. The authorized promotion was never formally rendered. c. Although he did not have the requisite time in grade (TIG) when the Senate acted, Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) provides for exceptions to non-statutory requirements such as TIG. He subsequently more than met the active Reserve status requirement with all officer efficiency reports recommending early, earliest, and accelerated promotion. With additional evaluations such as exceptional, outstanding in every respect, and one of the best officers in the Army Reserve, and strong recommendations for promotion (all of these from different raters and senior raters), these assessments at the highest percentile rankings are inevitably nonpareil. Educational requirements were not at all issues, having been a Commandant's List graduate of the Command and General Staff Officer Course (CGOSC) years before and a superior-graded graduate of a yet higher National Defense University program. d. Although the official Congress.gov website contains an emphatic self-verification and authentication of its accuracy and completeness, he recently sought additional validation of that by submitting a similar case summary and the same documentation to a Senator, asking if she believes his request has merit sufficient to pursue a correction. He understands that an accommodation depends upon the recommendation of the Board and the conclusion of the Secretary of the Army, but the Senator did not deny the reported facts and his assessment, and graciously directed his attention the Board as the venue to seek relief. e. An inquiry many years ago assured him that no part of his personnel file contained anything derogatory. He has 1985 and 1998 top secret clearance certificates as further affirmation. f. Without attainment of full colonelcy, he was automatically transferred to the Retired Reserve in 1993 before he otherwise would have elected transfer and he has been on the Army Retired List since he reached age 60 in 2002. g. His is a full-time Federal civilian employee and has been so for more than the past 21 years. He would appreciate timely redress of what he assumes to have been an inadvertent injustice in this instance. Inasmuch as this matter also would seem to touch upon the efficacy of an action by the U.S. Senate, he trusts that no second confirmation by that body is necessary. h. If for any just reason a U.S. Army Reserve (USAR) date of rank cannot be fixed, presumably around the date of normal eligibility, he could be content with simple advancement on the Retired List inasmuch as he has been on that fully retired list for many years. 3. The applicant provides: * an excerpt from Congress.gov website showing Senate confirmation of promotion to COL * authentications of accuracy of that confirmation * extract from Army Regulation 135-155 * three DA Forms 67-8 (U.S. Army Officer Evaluation Report) * DA Form 1059 (Service School Academic Evaluation Report) * retirement orders CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was born on 21 July 1942. He was appointed as a second lieutenant in the USAR on 31 July 1964. 3. He provided two DA Forms 1059 showing he completed the CGSOC on 18 January 1982 and the Foreign Area Officer Course on 8 June 1984. 4. He provided an excerpt from the Congress.gov website (official website for U.S. Federal legislative information) showing the 98th Congress confirmed his nomination for promotion to COL on 9 February 1984. 5. He was promoted to lieutenant colonel (LTC)/pay grade O-5 effective 18 March 1984. 6. He also provided: a. a DA Form 67-8 covering the period 17 June 1985 through 28 June 1985 showing his rater and senior rater recommended his accelerated promotion; b. a DA Form 67-8 covering the period 2 June 1986 through 13 June 1986 showing his rater indicated he should be promoted to COL at the earliest opportunity and stating he was one of the best officers in the USAR. His senior rater stated he had unlimited potential and he strongly recommended his promotion to COL; c. a DA Form 67-8 covering the period 12 January 1987 through 23 January 1987 showing his senior rater recommended his selection for early promotion; and d. a letter of commendation for completing the National Security Management Course in 1986. 7. He was released from the USAR Control Group (Reinforcement) and assigned to the Retired Reserve in the rank of LTC effective 28 June 1993. 8. He retired and was placed on the Retired List in the rank of LTC effective 21 July 2002. 9. There are no orders in his records showing he was promoted to COL. 10. Army Regulation 135-155 provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States and the USAR and warrant officers of the USAR. This regulation also covers promotion eligibility and qualification requirements, board schedules and procedures, and procedures for processing selection board recommendations. a. Paragraph 2-15b (General Exceptions) states the Chief, Office of Promotions, U.S. Army Human Resources Command, is the approval authority for all requests for exception to non-statutory promotion requirements. b. Table 2-1 states the minimum TIG as an LTC for promotion to COL is 3 years and the normal TIG is 5 years. c. Table 2-2 states the educational requirement for promotion from LTC to COL is completion of the CGSOC. DISCUSSION AND CONCLUSIONS: 1. The applicant requests retroactive promotion to COL. 2. The evidence of record shows he was promoted to LTC effective 18 March 1984 and he completed the CGSOC on 18 January 1982. 3. The excerpt he provided from the Congress.gov website indicates the U.S. Senate confirmed his USAR promotion to COL on 9 February 1984 while he was serving in the rank of major, 1 month prior to his promotion to LTC. 4. The officer evaluation reports he provided showing his raters recommended his promotion to COL in 1985 and 1986 were carefully considered. However, he did not meet the minimum TIG in the rank of LTC for promotion consideration to COL earlier than 18 March 1987. 5. The documentation provided by the applicant is not sufficient as a basis for granting his request for retroactive promotion to COL. 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 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) AR20150003816 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003816 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1