IN THE CASE OF:	  

		BOARD DATE:	       12 NOVEMBER 2008

		DOCKET NUMBER:  AR20080008911 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the effective date and date of rank (DOR) to
1st lieutenant (1LT) be corrected from 15 December 2007 to 29 May 2006.

2.  The applicant states that his California Army National Guard (CAARNG) unit was not aware that he was in the Early Commissioning Program (ECP).  Since ECP lieutenants do not require Officer Basic Course (OBC) completion, he should have been promoted on his promotion eligibility date (PED).

3.  The applicant provides excerpts from his military records and a printout of an e-mail in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was commissioned as a
2nd lieutenant (2LT), U.S. Army Reserve (USAR), on 14 May 2004 under the ECP.

2.  On 19 November 2004, the applicant was transferred to a CAARNG unit.  He was extended Federal Recognition effective the same date.

3.  On 2 September 2006, the applicant was assigned as the Assistant S-3 of Headquarters and Headquarters Company, 40th Infantry Division, in an over strength status.

4.  On 10 August 2007, the applicant was reassigned to the position as Maintenance Officer of Detachment 1, Headquarters and Headquarters Company, 40th Infantry Division.

5.  On 14 December 2007, the applicant was honorably discharged from the CAARNG and transferred to the USAR Control Group (Reinforcement).

6.  On 7 May 2008, orders were published promoting the applicant to 1LT, effective and with a DOR of 15 December 2007.

7.  National Guard Regulation 600-100, paragraph 8-2(b), states that promotions will be accomplished only when an appropriate position vacancy in the grade exists in the unit.

8.  Army Regulation 135-155, Table 2-2, Note 1, states "Officers assigned to control groups, to include Early Commissioning Program (ECP) participants, transferred to the Control Group (Annual Training) or the Selected Reserve preceding their promotion eligibility to 1LT are not required to meet the educational requirement for promotion to 1LT."

9.  In the processing of this case, on 30 September 2008 an advisory opinion was obtained from the National Guard Bureau (NGB).  The NGB stated that since the applicant was an ECP accession, he did not require Officer Basic Course (OBC) completion to be promoted to 1LT.  As such, the NGB recommended that the applicant's request be approved.  On 7 October 2008, the applicant was provided a copy of the advisory opinion.  On 14 October 2008, he concurred with its findings and recommendation.

10.  The Board's staff contacted the NGB for clarification of its promotion policies   The NGB stated that in order for a 2LT to be promoted he/she would be required to be assigned to a 1LT position.

DISCUSSION AND CONCLUSIONS:

1.  The applicant and the NGB are correct in that the applicant did not require OBC completion to be promoted to 1LT in accordance with 135-155, Table 2-2, Note 1.

2.  However, in order to be promoted the applicant would have had to have been in a 1LT valid position vacancy.


3.  In this regard, the applicant has not submitted any evidence to show he was assigned to a 1LT position on 14 May 2006, his promotion eligibility date.  After he was discharged from the ARNG and assigned to the USAR Control Group, the applicant was immediately promoted to 1LT since assignment to the USAR Control Group is grade immaterial.

4.  Notwithstanding the NGB advisory opinion, without evidence to show the applicant was in a valid 1LT position on or after his PED, there is insufficient evidence in which to grant his request.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ________XXX______________
       	   CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080008911



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ABCMR Record of Proceedings (cont)                                         AR20080008911



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