IN THE CASE OF: BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20160005567 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20160005567 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. IN THE CASE OF: BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20160005567 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 correction of her military records by showing she was retired in the rank of colonel (COL), pay grade O-6, effective 15 December 2012. She also requests to personally appear before the Board. 2. The applicant states her promotion date should have been based on the orders that amended her report date to a promotion vacancy for COL with an effective date of 15 December 2012. She contends that her effective date of promotion was based on the original orders assigning her to the Chief Nurse position in the 2291st U.S. Army Hospital. The amended order was not used. She argues that her DA Form 67-9 (Officer Evaluation Report (OER)) shows she received a change of rater evaluation for the period ending on 14 December 2012. She further states she has been requesting this correction since 10 October 2013. 3. The applicant provides: * DA Form 67-9, for the period 16 June 2012 to 14 December 2012 * Orders 13-025-00001, Fort Bragg, North Carolina, dated 25 January 2013 * Orders 13-025-00002, Fort Bragg, North Carolina, dated 25 January 2013 * Letter from the applicant to the U.S. Army human Resources Command (HRC), dated 10 October 2013 * Memorandum for Record, subject: Restore Rank for Pay entitlement) signed by the applicant, dated 20 January 2016 * Unit Position Listing (undated) (6 pages) 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. At the time of her application, the applicant was retired in the rank of lieutenant colonel (LTC), pay grade O-5. 3. Orders B-12-708077, U.S. Army HRC, St. Louis, Missouri, dated 28 December 2007, announced the applicant’s promotion to LTC, O-5 with an effective date and date of rank of 19 December 2007. 4. DA Form 67-9, rating the applicant for the period 16 June to 14 December 2012, reports she performed duties as a nurse case manager in the rank of LTC, pay grade O-5. The rater stated she had unlimited promotion potential and the senior rater strongly recommended her for promotion at the earliest opportunity. 5. Orders 13-025-00001, U.S. Army Reserve Command (USARC), dated 25 January 2013, announced the applicant’s reassignment between troop program units (TPUs). The order indicates that the purpose for this move was a promotion vacancy. The effective date on the orders was 25 January 2013. 6. Orders 13-025-00002, USARC, dated 25 January 2013, amended the orders discussed in paragraph 5 above by changing the effective date to 15 December 2013 and her position assignment date to 25 January 2013. 7. Orders B-02-300605, U.S. Army Human Resources Command (HRC), dated 4 February 2013, announced the applicant’s promotion to COL with an effective date and date of rank of 25 January 2013. 8. Orders 13-161-00010, USARC, dated 10 June 2013, announced the applicant’s reassignment from her current assignment to the Retired Reserve effective 1 July 2013. The reason for this action was maximum age. 9. Orders C08-395841, HRC, dated 9 August 2013, announced the applicant’s placement on the retired list effective 2 July 2013 in the rank of LTC, pay grade O-5. 10. The applicant provided a letter, showing her signature and dated 10 October 2013, which is addressed to HRC. There is no indication that HRC received or responded to this letter. The applicant states the following: a. She was retired from the U.S. Army Reserve (USAR) as a LTC, pay grade O-5. At the time she held the rank of COL, pay grade O-6. She contacted HRC about changing her retired rank and was informed that she had not held the rank of COL for at least 180 days prior to being retired. She was also informed that if she could supply supporting documentation pertaining to her contention that she had held the rank for at least 180 days, HRC would reconsider her request. b. When she had received notification of her promotion selection to COL, she was told her date of rank would be the day she assumed a position as a COL. She indicates that she attached copies of the orders discussed in paragraphs 5 and 6 above. She also provides a copy of the OER discussed in paragraph 4 above. She states the OER was rendered based on a change of rater. She argues that the amended order gave her more than 180 days in grade as a COL. 11. The applicant provided a Memorandum for Record, subject: Restore Rank for Pay Entitlement, dated 20 January 2016, wherein she states: a. Seeking board correction to her military record. b. Supporting documentation attached. She submitted this request several times since October 2013 without receiving a response. Upon retirement, she held the rank of COL. c. Request review and favorable consideration and adjudication for restoration of rank/paygrade effective 15 December 2012. 11. The applicant provided what appears to be a position vacancy list (5 pages), undated. The document does not show the applicant’s name or indicate how the applicant intended this document to be used in support of her case. It is noted that the 2291st U.S. Army Hospital had a vacant COL position for a Head Nurse-Operating, but the list does not indicates dates of vacancy or if this is the same as a chief nurse position. DISCUSSION: 1. The applicant contends that her military records should be corrected by showing she was retired in the rank of COL, with pay grade O-6, effective as of 15 December 2012. This is because her promotion date should have been based on the orders that amended her report date to a promotion vacancy for COL effective 15 December 2012. 2. The applicant requested a personal appearance before the Board; however, because there is sufficient evidence in the record to fully consider this case, a formal hearing is not warranted. If the applicant is not satisfied with the results of the informal Board hearing, she may request reconsideration and provide new evidence that was not previously considered by the Board. 3. The available evidence shows the applicant was selected for promotion to COL and that such promotion was to be effective on the day of her assignment to a position requiring a COL. 4. The available evidence shows the applicant was reassigned between TPUs for the purpose of assignment to a COL position. However, there is no documentary evidence showing she was actually assigned to such a position, or that she held, or should have held, the grade of COL prior to 25 January 2013. 5. The applicant’s last OER ended on 14 December 2012 and shows she was in a LTC position. There is no available record showing she performed duty as a COL or was evaluated for any such duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005567 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005567 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2