IN THE CASE OF: BOARD DATE: 21 April 2011 DOCKET NUMBER: AR20100019659 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 an adjustment to his date of rank (DOR) to captain by including his time as a captain while serving on active duty (AD) during the period 1 December 2001 through 20 August 2003. 2. The applicant states he believes the error occurred during the boarding process when he entered the Army National Guard (ARNG). He adds that it is his understanding that as an ARNG officer he is entitled to retain credit for his time in grade on AD. 3. The applicant provides: * his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 August 2003 * U.S. Total Army Personnel Command, Alexandria, VA, Order Number 339-010, dated 5 December 2001 * National Guard Bureau (NGB) Special Orders Number 274 AR, dated 16 November 2009 CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 30 May 1998. He was assigned to the armor branch with a specialty of 12A (Armor General). 2. U.S. Total Army Personnel Command, Order Number 339-010, dated 5 December 2001, shows he was promoted to the rank of captain with an effective date and DOR of 1 December 2001. 3. The DD Form 214 he was issued at the time shows he was honorably released from active duty (REFRAD) on 20 August 2003 for miscellaneous/ general reasons. This form shows he completed a total of 5 years, 2 months, and 21 days of creditable active service. Item 12h (Effective Date of Pay Grade) of his DD Form 214 shows the entry "20011201." 4. His NGB Form 23A (ARNG Current Annual Statement) shows he had a civilian break in service during the period 21 August 2003 through 18 August 2009. The appropriate column shows all entries were verified with the entry of a "V" on each line. 5. An NGB 337 (Oaths of Office) contained in his personnel record show he was appointed in the North Carolina ARNG (NCARNG) in the rank of captain on 19 August 2009. 6. NGB Special Orders Number 274 AR, dated 16 November 2009, shows he was extended Federal recognition for the purpose of initial appointment in the ARNG in the rank of captain, effective 19 August 2009. 7. Title 10, U.S. Code, section 12207, states that for the purpose of determining the grade and the rank within grade of a person receiving an original appointment as a reserve commissioned officer (other than a commissioned warrant officer) in the Army, Navy, Air Force, or Marine Corps, the person shall be credited at the time of the appointment with any commissioned service (other than service as a commissioned warrant officer) performed before such appointment as a regular officer, or as a reserve officer in an active status, in any armed force. 8. In the processing of this case, on 22 February 2011, an advisory opinion was obtained from the NGB, Chief, Personnel Policy Division. The advisory official recommended approval of the applicant's request for correction of his date of rank from 19 August 2009 to 21 February 2005. The advisory official indicated the applicant had a civilian break of 3 years, 2 months, and 20 days and he was not given credit for his prior time served as captain. The advisory official stated that the applicant was appointed into the NCARNG effective 19 August 2009. 9. The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond. DISCUSSION AND CONCLUSIONS: 1. The applicant's DD Form 214 shows he was REFRAD on 20 August 2003 and he was appointed into the NCARNG effective 19 August 2009. 2. There is no evidence of any U.S. Army Reserve service following REFRAD. His verified NGB Form 23A shows he had a civilian break in service during the period 21 August 2003 through 18 August 2009. Notwithstanding, the advisory opinion regarding the basis for adjusting his date of rank and the length of his civilian break, there is no evidence he is eligible for any credit for time in grade as a captain outside that which he earned while serving on AD. 3. Evidence indicates the date of rank assigned to the applicant at the time of his reappointment in the ARNG should have credited him with his time served as a captain on AD. Therefore, he is entitled to adjustment of his date of rank in his current ARNG records. 4. Based on the results of the calculations below, he is entitled to correction of his ARNG records to show his date of rank to captain as 29 November 2007 instead of 19 August 2009. 2003-08-20 separation date from RA 2001-12-01 effective date and DOR for promotion to captain on AD 1-08-19 + 1 provides for inclusive dates 1-08-20 total time in grade as captain on AD 2009-08-19 date reappointed in the NCARNG - 1-08-20 AD time in grade 2007-11-29 adjusted date of rank to captain 5. In view of the foregoing, the applicant is entitled to have his records corrected as shown below. BOARD VOTE: __X_____ ___X___ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 adjusting his date of rank to captain to show 29 November 2007. ___________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) AR20100019659 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100019659 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1