ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 April 2019 DOCKET NUMBER: AR20170005902 APPLICANT REQUESTS: The applicant requests correction to his DA Form 67-9 (Officer Evaluation Report (OER)), ending 30 September 2012, to show his rank as lieutenant colonel (LTC), with a date of rank (DOR) of 7 June 2012. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * extract from AR 623-3 (Evaluation Reporting System), dated 5 June 2012 * Orders B-06-204019, dated 8 June 2012 * DA Form 67-9, ending 30 September 2012 FACTS: 1. While 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 states: a. He was promoted to LTC, effective 7 June 2012. However, his OER, ending 30 September 2012, improperly lists his rank as Major (MAJ). He contends that his senior rater incorrectly believed that he was not in a promotable position despite having promotion orders and pay vouchers as evidence. b. Army Regulation (AR) 623-3 (Evaluation Reporting System), paragraph 2-11, states "The rules and regulations for the next higher rank will apply. The ranks entered on the report will be as of the "THRU" date of the report." He contends that this error has put him at a significant disadvantage for promotion to colonel (COL), as he has one less OER than most others before the Board. 3. The applicant is currently a U. S. Army Reserve (USAR), Judge Advocate General Corps, commissioned officer. On 8 June 2005, he was promoted to MAJ. 4. On 4 January 2012, he was selected for promotion to LTC by the Fiscal Year 2011 by a mandatory promotion selection board (PSB). 5. Having reached the maximum time in grade as a MAJ, he was promoted on to LTC on 7 June 2012, with the same DOR and effective date. 6. Subsequent to his promotion he received an OER for the period ending 30 September 2012. His Rank is shown as MAJ in Part Ic (Rank) of this OER and his DOR is shown as 8 June 2005 in Part Id (DOR) of his OER. 7. The applicant was promoted to LTC prior to the "Thru" date of the OER. Regulatory guidance states that the rank as of the "Thru" date will be entered on the OER. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. The Board found that the rank and the date of rank of the applicant was wrong based upon the promotion order to LTC and the ending date of the Officer Evaluation Report (OER); therefore, full relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's Officer Evaluation Report for the period 11 January 2012 through 30 September 2012 to show in: * Part Ic – LTC * Part Id – 7 June 2012 2. This correction is an administrative error and does not, in and of itself, entitle the applicant to reconsideration for promotion by a Special Selection Board. 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: 1. Army Regulation (AR) 135-155 (Promotion of commissioned Officers and Warrant Officers other than General Officers) prescribes the policies and procedures of promotion of Reserve officers. It states: a. Troop Program Unit (TPU) and Active Guard Reserve (AGR) officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade. A TPU or AGR officer selected for promotion by a mandatory promotion board, who is not assigned/attached to a higher grade will be promoted on the date of assignment/attachment to a higher grade or the day after release from TPU or AGR status. The date of rank will be the date the officer attained maximum time in grade (MTIG) or the date on which assigned/attached to a position in the higher grade, whichever is earlier. b. The completion of 7 years maximum time in grade (MTIG) is required before promotion to major. Officers assigned to a TPU must be serving in a position requiring the higher grade or assigned to the IRR or as an Individual Mobilization Augmentee (IMA). In addition, IRR and IMA officers selected by a mandatory promotion board must have completed the MTIG for promotion to the next higher grade. The officer's promotion effective date and date of rank will be no earlier than the date the board is approved, or the date the officer meets the MTIG, whichever is later. 2. AR 623-3 (Personnel Evaluation-Evaluation Reporting System) states if a rated officer has been selected for promotion and is in an authorized position for the next higher rank or grade, he or she will be considered to be serving at the next higher rank or grade when determining the rating chain. The designation “P” will be entered after the officer’s current rank on DA Form 67–9, part I, block c only if both criteria are met. Note. The rules and requirements for the next higher rank or grade will apply. The ranks entered on the report will be as of the “THRU” date of the report. ABCMR Record of Proceedings (cont) AR20170005902 2 1