ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		BOARD DATE:  20 March 2019

	DOCKET NUMBER:  AR20160013253


APPLICANT REQUESTS: correction of her records to show she transferred to the 
Retired Reserve as a lieutenant colonel (LTC) vice major (MAJ). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Congratulatory letter
*	Email exchange in relation to her retirement orders

FACTS:

1.  In 2015, she made lieutenant colonel.  However, her unit did not have a position for 
her; so, she never pinned on promotion.  In April 2016, she would have been in her 
mandatory promotion to LTC by the U.S. Army Human Resources Command (HRC).  
She asked her unit to retire her but wanted to do so after April 2016 pin on date.  
Instead, her unit cut orders four weeks prior to the April 2016 date.  She asked to have 
her date amended but the person who started this process retired.  All she wanted was 
her records and her certificate of retirement to show LTC.  She wanted her family to 
have the honor of seeing her retire as a LTC.  Her commander is supportive of this 
action but did not catch the error until after orders were cut.  She wanted her orders 
amended and to be recognized as LTC on her retirement certificates.  

2.  The applicant provides: 

	a.  Congratulatory letter, dated 25 July 2015, from Major General D__ J. D__ 
congratulating her on her selection for promotion to LTC.  

	b.  Email exchange on various dates in 2016 in relation to her retirement date, 
informing her of the 88th Regional Support Command’s inability to change her 
retirement date because she had already been transferred to the Retired Reserve. 

3.  Review of the applicant’s records shows: 

	a.  She had prior enlisted service.  She was appointed as a Reserve commissioned 
officer of the Army and executed an oath of office on 16 June 1999.

	b.  She entered active duty on 8 July 2008 and she was honorably released from 
active duty on 9 July 2009. 

	c.  On 23 October 2008, the U.S. Army Human Resources Command, St. Louis, Mo 
issued her a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). 

	d.  She was considered and selected by the 2009 Major Army Medical Department 
promotion board that was approved on 28 April 2009.  Her unit confirmed her 
qualifications, assignment to the position of O-4 as of 13 July 2008, and issued a 
Promotion Qualification Statement (AHRC Form 55-R). 

	e.  She was considered and selected by the 2015 Lieutenant Colonel Army Medical 
Department promotion board that was approved on 26 June 2015.  She was not in an 
O-5 position.  

	f.  On 8 February 2016, HRC published Orders 16-039-00061 reassigning her to the 
Retired Reserve effective 15 March 2016 by reason of having completed 20 or more 
years of qualifying service for retired pay at age 60.  

	g.  There is no Promotion Qualification Statement (AHRC Form 55-R) initiated for 
promotion to LTC as she was not in an O05 position and no longer in an active Reserve 
status.

4.  By regulation (AR 135-155), for non-unit officers, the effective date and date of 
promotion for officers selected by a mandatory board, will be no earlier than the 
approval date of the board, the date of Senate confirmation (if required), or the date the 
officer meets maximum time in grade, whichever is later.  Unit officers selected by a 
mandatory board will have a promotion date and effective date no earlier than the date 
the board is approved or the date of Senate confirmation (if required), provided they are 
assigned to a position in the higher grade.  An officer removed from an active status 
before promotion is final (the effective date of promotion) will be removed from the 
promotion list.

5.  By law and regulation, a Reserve officer (other than a commissioned warrant officer), 
on transfer to the Retired Reserve, will be transferred in the highest grade in which he 
or she served satisfactorily, as determined by the Secretary of the Army per Title 10. 
U.S. Code, section 1370.





BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contentions were carefully 
considered.  Based upon the preponderance of evidence, the Board agreed the 
applicant did not serve in the rank of LTC, and LTC was not the highest rank held 
before retirement.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.


	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers 
Other Than General Officers) provides policy for selecting and promoting commissioned 
officers of both the Army National Guard of the United States (ARNGUS) and the U.S. 
Army Reserve (USAR), and warrant officers of the USAR.  It covers promotion eligibility 
and qualification requirements, board schedule and procedures, and procedures, and 
procedures for processing selection boards. 

	a.  Paragraph 2-6, Inactive and active status.  An officer removed from an active 
status before promotion is final (the effective date of promotion) will be removed from 
the promotion list.  Removal will not be considered a non-selection.  If returned to an 
active status, the officer’s name will not be placed on a promotion list or nominated for 
promotion unless again recommended by a selection board.  An officer returned to an 
active status after having been in an inactive or retired status will not be considered for 
a Reserve of the Army promotion (mandatory or USAR position vacancy; until at least 
1– year after the date of return to an active status.

	b.  Paragraph 2–10. Mandatory selection boards will convene each year.  These 
boards will consider USAR officers on the RASL (Reserve Active Status List) for 
promotion to CPT through LTC.  These boards will consider officers for promotion 
without regard to vacancies in the next higher grade.

	c.  Paragraph 2–13. USAR troop program unit position vacancy selection boards.  
Promotion to fill authorized troop program unit (TPU) position vacancies may be filled 
through promotion of the best qualified, geographically available officers to the grades 
CPT through COL.  The USAR TPU position vacancy boards will normally be held twice 
a year.  There are many rules used to determine if a valid position vacancy exists.  The 
USAR unit position vacancy promotion system is designed to promote officers to fill 
vacancies in USAR units that cannot be filled by local commanders with qualified 
officers of the authorized grade.  AMEDD officers are considered for promotion to fill 
vacancies within their respective branches and other branches within the AMEDD when 
permitted by regulation.  The time in grade requirements for commissioned officers for 
promotion from MAJ to LTC is a minimum of 4 years in the lower grade and a maximum 
of 7 years in the lower grade. 

	d.  Paragraph 3-18. Removal from a promotion list.  A report of a selection board 
exists after the promotion board issues a signed board report.  The board report 
becomes a promotion list after being approved by the President or their designee or, in 
the case of warrant officers, after approval by the Secretary of the Army (SA) or their 
designee.  The President or their designee may remove the name of an officer in a 
grade above second lieutenant from a promotion list.  An officer is ineligible if he or she 
was removed from an active status before promotion was finalized.
	e.  Paragraph 4–9. Officers selected for promotion.  A USAR TPU officer who is 
considered and selected by a mandatory promotion board will be promoted and 
transferred from the unit to the IRR.  The officer will be promoted within 60 days of 
receipt of promotion notification or the normal established promotion eligibility date, 
whichever is later.  Transfer to the IRR will not occur when the officer fills a vacancy in 
the unit in a higher grade.

	f.  Paragraph 4–20. Selection and transfer to the Retired Reserve.  A Reserve officer 
(other than a commissioned warrant officer), on transfer to the Retired Reserve, will be 
transferred in the highest grade in which he or she served satisfactorily, as determined 
by the Secretary of the Army per Title 10. U.S. Code, section 1370.

	g.  Paragraph 4-21. Effective dates.  Except as provided elsewhere in this regulation, 
the effective date of promotion may not precede the date of the promotion 
memorandum.  An officer is promoted after selection if all qualifications for promotion 
are met.  When an officer does not meet the qualifications for promotion, the effective 
date of promotion will not be earlier than the later date all qualifications are met.  In no 
case, will the date of rank or effective date of promotion be earlier than the date the 
board is approved, or, if required, the date of Senate confirmation.  

	a.  For non-unit officers, the effective date and date of promotion, to include officers 
recommended on a second or subsequent mandatory board, will be no earlier than the 
approval date of the board, the date of Senate confirmation (if required), or the date the 
officer meets maximum time in grade, whichever is later. 

	b.  Unit officers selected by a mandatory board will have a promotion date and 
effective date no earlier than the date the board is approved or the date of Senate 
confirmation (if required), provided they are assigned to a position in the higher grade.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160013253

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