IN THE CASE OF: BOARD DATE: 14 January 2020 DOCKET NUMBER: AR20160017329 APPLICANT REQUESTS: Correction of her record to show she was promoted from the rank/grade of major (MAJ)/O-4 to lieutenant colonel (LTC)/O-5 during the Fiscal Year (FY) 2015 promotion board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number D 243-02, dated 30 August 2016 * Memorandum, Subject: Special Selection Board (SSB) Results (SSB RS1605- 02) Fiscal Year (FY) 2015, dated 29 September 2016 * Orders Number D 281-02, dated 7 October 2016 FACTS: 1. The applicant states Orders Number D 243-02, issued by the U.S. Army Physical Disability Agency (USAPDA), shows her retired rank as MAJ. She received amended Orders Number D 281-02, issued by the USPDA which changed her rank to LTC. She received the SSB results that showed she should have been promoted in FY15. There was an unjust general officer memorandum of reprimand placed in her military records in 2014, which prevented her from being promoted during her regular time of promotion in FY15. She requested an SSB which approved her request for promotion to the rank of LTC during the FY15 promotion board results. She is requesting her military records reflect she was promoted to LTC during the FY15 promotion board from MAJ to LTC. 2. A review of the applicant’s official records show the following on: a. On 7 August 1996, having had prior enlisted service in the Army National Guard (ARNG), the applicant was appointed as a Reserve commissioned office in the ARNG, and served in various positions. b. On 17 February 2010, Orders Number B-02-001060, issued by the U.S. Army Human Resources Command, St. Louis, MO, promoted the applicant to the rank of MAJ. c. The applicant’s records contain three officer evaluation reports, dated between 2013 and 2015, indicating she was a Reserve component troop program unit member and evaluated in the rank of MAJ. Likewise, her record is void of any orders placing her in a LTC paragraph/line number. d. On 19 August 2016, an informal Physical Evaluation Board (PEB) convened and the PEB found the applicant physically unfit and recommended a combined rating of 80 percent and her disposition be permanent disability retirement. DA Form 199 (Informal PEB Proceedings) shows her rank at the time of the board as MAJ. e. On 30 August 2016, Orders Number D 243-02, issued by the USAPDA, retired the applicant by reason of permanent physical disability, effective 4 October 2016, and her retired rank/grade was MAJ/O-4. The statute which authorized her retirement was Title 10 USC, section 1204. f. The applicant’s records are void of orders promoting her to the rank of LTC. 3. The applicant provides: * Memorandum, Subject: SSB Results (SSB RS1605-02) FY15, dated 29 September 2016, showing the applicant was considered and selected for promotion to LTC under FY15 criteria and instructions (it is silent in regards to a promotion date) * Orders Number 281-02, issued by the USAPDA, amended Orders Number D 243-02 insomuch as changing the applicant’s retired grade/rank from O-4/MAJ to O-5/LTC 4. Office of the Assistant Secretary Manpower and Reserve Affairs, Memorandum, Subject: Grade of Officers when Retiring or Separating for Physical Disability: a. Prescribes policy for determining the retired grade of officers retired because of physical disability pursuant to Title 10 USC, section 1204, who would have been promoted had it not been for the physical disability for which the officer was retired. b. Officers retired because of physical disability pursuant to Title 10 USC, section 1204, will be retired in the next higher grade when the officer recommended by an SSB is on an approved promotion list prior to the effective date of retirement for physical disability. The policy implements the grade determination authority of Title 10 USC, section 1372, but it does not authorize the actual promotion of officers covered by the policy who are retired because of physical disability. Therefore, promotion orders will not be published for these officers. 5. Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) in effect at the time states in: a. Paragraph 4-21(b)2 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. b. Table 2-1 (Time in Grade Requirements Commissioned Officers, Other than Warrant Officers) states the maximum years in grade from MAJ to LTC is 7 years (the applicant was transferred to the Permanent Disability Retired List (PDRL) on 4 October 2016, prior to reaching the maximum time in grade (maximum time in grade promotion eligibility date was 31 October 2016, which is beyond the authority of the PEB because she was transferred to the PDRL, on 4 October 2016)). BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her record of service, selection for LTC by an SSB, the amendment of her separation orders and the absence of orders promoting her to LTC. The Board considered the policy and law pertaining to selection and promotion of officers selected for promotion prior to retirement for physical disability. The Board found insufficient evidence to show the applicant had been promoted to LTC prior to her separation. Based on a preponderance of evidence, the Board determined that the absence of orders promoting the applicant to LTC was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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. ? REFERENCES: 1. Office of the Assistant Secretary Manpower and Reserve Affairs, Memorandum, Subject: Grade of Officers when Retiring or Separating for Physical Disability: a. Prescribes policy for determining the retired grade of officers retired because of physical disability pursuant to Title 10 USC, section 1204, who would have been promoted had it not been for the physical disability for which the officer was retired. b. Officers retired because of physical disability pursuant to Title 10 USC, section 1204, will be retired in the next higher grade when the officer recommended by an SSB is on an approved promotion list prior to the effective date of retirement for physical disability. The policy implements the grade determination authority of Title 10 USC, section 1372, but it does not authorize the actual promotion of officers covered by the policy who are retired because of physical disability. Therefore, promotion orders will not be published for these officers. 2. Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) in effect at the time states in: a. Paragraph 4-21(b)2 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. b. Table 2-1 (Time in Grade Requirements Commissioned Officers, Other than Warrant Officers) states the maximum years in grade from MAJ to LTC is 7 years (the applicant was transferred to the Permanent Disability Retired List (PDRL) on 4 October 2016, prior to reaching the maximum time in grade (maximum time in grade promotion eligibility date was 31 October 2016, which is beyond the authority of the PEB because she was transferred to the PDRL on 4 October 2016)). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160017329 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1