IN THE CASE OF: BOARD DATE: 7 February 2023 DOCKET NUMBER: AR20220005233 APPLICANT REQUESTS: correction of his Date of Rank (DOR) for the rank/grade of lieutenant colonel (LTC)/O-5 to reflect 11 June 2020 instead of 11 June 2021. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Optional Form 41 (Routing and Transmittal Slip), 28 July 2016 * Information Paper, 30 September 2016 * Memorandum – Subject; Participation in Intelligence Support Command (INSCOM) Individual Mobilization Augmentee (IMA) Program, 4 October 2016 * Memorandum – Subject: Request for Removal of Emergency Essential Designation, 17 October 2016 * Orders Number C-12-814678, 7 December 2018 * Orders Number C-03-903592, 20 March 2019 * DA Form 1059-2 (Senior Service and Command and General Staff College Academic Evaluation Report), 22 August 2022 FACTS: 1. The applicant states in pertinent part that he would like his DOR to LTC backdated by 1-year to make him eligible for promotion consideration to the rank/grade of colonel (COL)/O-6. If selected, he would like to be permitted to remain in service until he reached the mandatory time to retire as a COL, prior to reaching his Mandatory Removal Date (MRD) of 31 May 2028. He is currently eligible for promotion consideration on 9 June 2026. If selected at that time, he would not have enough remaining service time to retire as an O-6. He contests that in 2016, as a civilian, he was reassigned to a position in the Republic of Korea. Upon arrival, he realized that the position was Emergency Essential (EE) and would therefore preclude him from attending drill or enroll in the Intermediate Level Education (ILE) course. In 2018, he was reassigned to Fort Meade, MD, transferred to an IMA position and enrolled in ILE Phase 1. However, in March 2019, he was advised that since he had already completed 20 years of qualifying service for retirement but failed to obtain the minimum 50 points per year in the previous 2 years, he was transferred into the Retired Reserve and his ILE reservation was cancelled. In 2020, he was transferred back into the IMA program and completed the common core phase of ILE in August 2020. Unfortunately, despite his completion of the course, he was not considered for promotion during the Fiscal Year (FY) 20 LTC promotion board because he was not educationally qualified. 2. A review of the applicant's available service records reflects the following: a. After previously serving as an enlisted Soldier, on 28 November 2002, the applicant was appointed a Reserve commission. b. On 14 May 2003, U.S. Army Human Resources Command (HRC) issued Orders Number C-05-313144 reassigning the applicant from the U.S. Army Reserve Control Group (Reinforcement) to an IMA position as a Counterintelligence Officer (35E). c. On 20 September 2007, the applicant received his Notification of Eligibility for Retired Pay at Age 60 (Twenty Year) letter. d. On 11 March 2014, the U.S. Army Intelligence Center of Excellence awarded him 35E Area of Concentration (AOC) based upon his previous training and experience. e. On 3 July 2014, HRC issued Orders Number B-07-404016 announcing the his promotion to the rank/grade of major (MAJ)/O-4, effective/DOR of 30 May 2014. f. On 12 February 2018, HRC issued Orders Number C-02-801830, reassigning the applicant voluntarily from the IMA position to the USAR Control Group (Reinforcement). g. On 7 December 2018, HRC issued Orders Number C-12-814678, reassigning the applicant from the USAR Control Group (Reinforcement) to an IMA position. h. On 20 March 2019, HRC issued Orders Number C-03-903592, reassigning the applicant to the Retired Reserve, effective 1 April 2019, due to his nonparticipation. i. On 22 July 2019, HRC issued Orders Number C-07-909248 reassigning the applicant to an IMA position. Upon review, it would appear that the applicant was previously in an IMA position prior to this order being issued despite the order placing him in the Retired Reserve in March 2019. j. On or about 22 August 2020, the applicant completed ILE common core. k. On 22 June 2021, HRC issued Orders Number B-06-102700 announcing the applicant's promotion to LTC, effective on with a DOR of 11 June 2021. 3. The applicant provides the following a: a. Optional Form 41 dated 28 July 2016, reflective of a request for the removal of the "EE" designator assigned to 4 Military Intelligence Civilian Excepted Career Program (MICECP) positions thereby permitting eligible personnel to participate in the Intelligence and Security Command (INSCOM) IMA program. b. Information Paper dated 30 September 2016, reflective of the justification for removal of the "EE" designation from the 4 MICECP positions. c. Memorandum – Subject; Participation in INSCOM IMA Program, 4 October 2016, reflective of the applicant's request to participate in the INSCOM IMA program. d. Memorandum – Subject: Request for Removal of Emergency Essential Designation dated 17 October 2016, reflective of the Commander, 501st Military Intelligence Command request for removal of the "EE" designator from 4 positions. 4. On 23 November 2022, the HRC, Chief, Officer Promotions, Board Announcements, Support and Promotion Orders, provided an advisory opinion noting that the applicant's request lacked merit because he was not selected on an earlier promotion board, nor had he met the minimum military education requirement to be considered as educationally qualified until August 2020, well after the convene and recess date of the FY20 LTC Promotion Selection Board (PSB). Further, had he been militarily educationally qualified there would not have been any guarantee that he would have been selected for promotion on this board. In addition, education waivers were not approved for this board. The applicant's current DOR and effective date were awarded based on his selection and the approval date of the FY21 Reserve Component LTC PSB after he reached his maximum promotion eligibility date (MAXPED) in accordance with Title 10, United States Code (USC), Section 14304. 5. On 29 November 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. 6. On 29 December 2022, the applicant responded to the advisory opinion acknowledging that the decision was based solely on the governing regulation and does not consider any extenuating circumstances which impacted the situation. The applicant further provides details concerning his previous position of assignment and the restrictions associated with it. With regard to his promotion potential during the FY 20 PSB, he contests that he had the same board file when he was selected for promotion minus the course completion. This letter of contention is further provided within the supporting documents in its entirety for the board's review within the supporting documents. The applicant also provides copies of his Civilian Performance Evaluation Records. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board reviewed and agreed with the advisory official’s finding that the applicant was not selected on an earlier promotion board, nor had he met the minimum military education requirement to be considered as educationally qualified until August 2020, well after the convene and recess date of the FY20 LTC Promotion Selection Board (PSB). Also, had he been militarily educationally qualified there would not have been any guarantee that he would have been selected for promotion on this board. In addition, education waivers were not approved for this board. His current DOR and effective date were awarded based on his selection and the approval date of the FY21 RC LTC PSB after he reached his maximum promotion eligibility date in accordance with 10 USC, 14304. 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. REFERENCES: 1. Army Regulation (AR) 600-8-29 (Officer Promotions) prescribes the officer promotion function of military human resources (HR) support operations. Paragraph 4-3 (Determining Active Date of Rank for Commissioned Officers) provides that an officer who is promoted to a higher grade will be the date designated in the order announcing the promotion. Except as otherwise provided by law, this will be the date the officer is appointed to the higher grade. 2. AR 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states in paragraph 2-8 to qualify for selection, commissioned officers (other than commissioned warrant officers) must complete the military educational requirements in table 2-2 not later than the day before the selection board convene date. Table 2-2 shows for promotion from MAJ to LTC fifty percent of the Command and General Staff Officer's Course must be completed. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005233 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1