BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100018440 


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 adjustment of his date of rank (DOR) to first lieutenant (1LT) from 6 May 2010 to 18 April 2010.

2.  The applicant states:

* his DOR to 1LT should be 18 April 2010 as shown in the commander's memorandum he submitted with his promotion packet
* he should not be penalized for how long it took the packet to reach the orders issuing authority
* he was overseas when his promotion packet was submitted and it had to go through channels twice

3.  The applicant provides a copy of his promotion packet which includes:

* a memorandum for The Adjutant General, Joint Force Headquarters, Tennessee National Guard
* Tennessee Army National Guard (TNARNG) Orders 126-814

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service, the applicant was appointed as a second lieutenant (2LT) in the TNARNG on 18 October 2008.

2.  His records show he completed the Basic Officer Leadership Course (BOLC) on 30 October 2009.

3.  On 17 April 2010, the applicant's commanding officer prepared a memorandum for The Adjutant General, Joint Forces Headquarters, Tennessee National Guard, recommending that the applicant be promoted to 1LT.

4.  On 8 May 2010, National Guard Bureau (NGB) Special Orders Number 92 AR extended him Federal recognition for promotion to 1LT effective 6 May 2010.

5.  TNARNG Orders 126-814 promoted the applicant to 1LT effective 6 May 2010.

6.  During the processing of this case an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB, who recommends approval of the applicant's request.  He states that NGB Policy Memorandum 08-035, dated 25 November 2008, authorizes all National Guard officers in the rank of 2LT on the Reserve Active Status List to be promoted with a minimum of 18 months of time in grade (TIG).  He states 2LT's may be promoted at 18 months of TIG provided they have completed BOLC and are otherwise qualified.  The Chief, Personnel Policy Division, NGB, states this recommendation is concurred with by the State.

7.  On 21 March 2011, a copy of the advisory opinion was forwarded to the applicant for his concurrence and/or possible rebuttal.  He concurred on 22 March 2011.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his effective date of promotion and DOR to 1LT should be adjusted from 6 May 2010 to 18 April 2010.

2.  The evidence of record shows he was appointed as a 2LT on 18 October 2008.  He met the TIG requirements and completed the education requirements for promotion to 1LT on 18 April 2010.  He is entitled to adjustment of his promotion effective date and DOR to 1LT to 18 April 2010.

3.  The applicant is also entitled to payment of all back pay and allowances as a result of this correction.


BOARD VOTE:

___x__  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  amending NGB Special Orders Number 92 AR, dated 8 May 2010, to show he was extended Federal recognition for promotion to 1LT effective 18 April 2010 and

	b.  paying him all back pay and allowances due as a result of this correction.



      ___________x______________
       	     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)                                         AR20100018440



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ABCMR Record of Proceedings (cont)                                         AR20100018440



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