ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 January 2019 DOCKET NUMBER: AR20160016634 APPLICANT REQUESTS: his date of rank (DOR) to major (MAJ) be adjusted from 30 May 2014 to 8 November 2012. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1059 (Service School Academic Evaluation Report) * College degree transcripts and diplomas * Officer Evaluation Reports (OERs) * Military Personnel (MILPER) Message 12-339, dated 25 October 2012 * 2009 Separation from the DC Army National Guard (DCARNG) * Branch transfer orders * Troop Program Unit (TPU) orders * Promotion to MAJ orders * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant states when he transferred from the ARNG to the Individual Ready Reserve (IRR), his file and records did not migrate correctly. As a result, while he was in the IRR, he was never considered by the board for promotion. On 16 February 2009, he transferred from the DCARNG to the IRR. By February 2009, he had completed all his educational requirements for the promotion to MAJ, including two years of Company Command and a Branch Transfer to Logistics. He received good evaluations and completed his Captain's Career Course, Combined Arms Exercise and a Master of Science in Leadership in 2010. He was not aware that IRR officers could be consider for promotion boards. He asks the Board to review the enclosed attachments to consider backdating, without pay, his MAJ DOR to 8 November 2012 (MILPER 12-339) 2. Review of the applicant's records shows: a. He was appointed as a Reserve commissioned officer of the MAARNG on 28 June 1999. He completed the Ordnance Maintenance/Munitions Management Officer Basic Course. b. He entered active duty on 10 February 2003 and served in Kuwait/Iraq. He was honorably released from active duty on 20 May 2004. c. He was promoted to captain on 20 September 2005 and transferred to the DCARNG on 14 May 2008. d. He resigned and was separated from the DCARNG on 16 February 2009 and transferred to the U.S. Army Reserve Group (IRR) on 16 February 2009, by Orders 087- 006, issued by the DCARNG on 28 March 2009. e. He was reassigned from the IRR to a troop program unit TPU (2nd Battalion, 348th Regiment, Fort Buchanan, PR) on 4 October 2013 by authority of Orders C-10- 314255, issued by the U.S. Army Human Resources Command (HRC) on 16 October 2013. f. He was promoted to MAJ with an effective date and DOR as 30 may 2014. g. He was promoted to lieutenant colonel (LTC) on 20 August 2018. 3. He provides: a. DA Form 1059 showing completion of the Ordnance Maintenance Management Officer Advance Course in March 2005. b. DA Form 1059 showing he completed the Combined Arms Exercise in December 2005. c. Diplomas and transcripts showing he was awarded a bachelor and a master degree. d. Officer Evaluation Reports from April 2004 to September 2009 showing solid ratings. e. MILPER Message 12-339, dated 25 October 2012, release of the Fiscal Year 2012 MAJ Army Promotion List, ARNG, Army Reserve-Active Guard Reserve, and Army Reserve Non-Active Guard Reserve Competitive Category. 4. HRC rendered an advisory opinion on 22 October 2018 in his case. An advisory official stated: a. Based on a review of the records and the information provided, HRC found that his request for a Special Selection Board (SSB) does not have merit. He requests his DOR to MAJ be backdated to 8 November 2012. A review of his records indicates that he was placed in the Inactive Reserves from 30 September 2009 thru 16 September 2013. AR 135-155 (Promotion of Commissioned Officers and Warrant Offices Other Than General Officers), Chapter 2, 2-6 states that an officer must be on the Reserve Active Status List (RASL) for 1 year before he or she can be considered for promotion upon return to the RASL. b. An SSB can only be granted to the officer if his placement to the Inactive Reserve was done in error. Reconsideration can only occur as a directive by the Army Board for Correction of Military Records. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit comments/rebuttal. He did not respond. 6. By regulation, 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 U.S. Army Reserve position vacancy; or, in the case of an ARNG officer, Federal recognition) until at least 1– year after the date of return to an active status. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance. AR 135-155 (Promotion of Commissioned Officers and Warrant Offices Other Than General Officers), Chapter 2, 2-6 states that an officer must be on the Reserve Active Status List (RASL) for 1 year before he or she can be considered for promotion upon return to the RASL. An SSB can only be granted to the officer if his placement to the Inactive Reserve was done in error. The applicant voluntarily resigned and was separated from the DCARNG on 16 February 2009 and transferred to the U.S. Army Reserve Group (IRR) on 16 February 2009. The Board denies the applicant’s request to change his date of rank to major to be adjusted from 30 May 2014 to 8 November 2012. 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. SIGNATURE: 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): N/A REFERENCES: Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Offices Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard (ARNG) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR). Chapter 2 provides for promotion eligibility and qualification requirements. Paragraph 2-4 states an officer removed from an active status before promotion is final (the effective date of promotion) will be removed from the promotion list (para 3-17). Removal will not be considered a nonselection. 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; or, in the case of an ARNG officer, Federal recognition) until at least 1– year after the date of return to an active status. ABCMR Record of Proceedings (cont) AR20160016634 5 1