IN THE CASE OF: BOARD DATE: 23 October 2014 DOCKET NUMBER: AR20140002768 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 correction of his date of rank (DOR) for captain (CPT) from 17 December 2013 to 29 April 2013. 2. The applicant states: a. He was eligible for promotion to CPT on 19 November 2012. b. Headquarters, Department of the Army, directed the National Guard Bureau (NGB) to remove his name from the Presidential List and initiated a flag on 26 February 2013. The flag was removed on 15 April 2013. c. His original Presidential List was approved on 29 April 2013. 3. The applicant provides: * DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)) * Notification of Involuntary Delay of Promotion * Kentucky Army National Guard (KYARNG) State Security Manager memorandum * Standard Installation/Division Personnel System-ARNG spreadsheet * NGB Special Orders Number 334 AR, dated 23 December 2013 * NGB promotion memorandum, dated 23 December 2013 CONSIDERATION OF EVIDENCE: 1. Having prior enlisted service in the KYARNG, the applicant was commissioned as a second lieutenant in the KYARNG on 29 May 2009. He was promoted to first lieutenant effective 29 November 2010. 2. An administrative flag was initiated against the applicant on 26 February 2013 for elimination or removal from the promotion selection list. 3. In March 2013, his name was removed from the promotion list. 4. In April 2013, he was cleared from any wrongdoing in his participation in the National Guard Recruiting Assistance Program and the administrative flag was removed. 5. He was promoted to CPT effective 17 December 2013. 6. In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB. The advisory official recommends approval of the applicant's request. The opinion noted the following: a. On 26 February 2013, the applicant was administratively flagged and cited for removal from the promotion selection list. b. On 8 March 2013, he received a notification of involuntary delay of promotion due to unfavorable information and removal from Presidential List 18-13. c. On 18 March 2013, Presidential List 18-13 was processed. d. On 15 April 2013, he was cleared of any wrongdoing in the KYARNG Recruiting Assistance Program. e. On 29 April 2013, the Secretary of Defense approved and signed Presidential List 18-13. f. On 23 December 2013, the applicant was promoted to CPT with an effective date of 17 December 2013. g. The applicant was cleared of any wrongdoing in the Army Regulation 15-6 (Procedures for Investigating Officers and Boards of Officers) investigation; therefore, he should be granted an adjustment of his DOR by changing it to 29 April 2013. h. This recommendation is in accordance with National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions). This recommendation was coordinated and reviewed with the NGB Federal Recognition Section on 19 May 2014. i. The KYARNG concurs with this recommendation. 7. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. He did not respond. 8. Authority granted to the Secretaries of the Military Departments in Secretary of Defense Memorandum, dated 9 December 1982, subject: Redelegation of Authority under Executive Order 12396, to appoint officers under Title 10, U.S. Code, section 624, in the grades of O-2 and O-3 was rescinded effective 1 July 2005 based on advice from the Department of Justice that prohibits redelegation below the Secretary of Defense of the President's authority to appoint military officers. All military officer appointments under Title 10, U.S. Code, section 12203, including original appointments, in the Reserve of the Army, Reserve of the Air Force, Naval Reserve, and Marine Corps Reserve, not previously approved by 30 June 2005, shall also be submitted to the Secretary of Defense. DISCUSSION AND CONCLUSIONS: 1. The applicant requests correction of his DOR to CPT to 29 April 2013. 2. The evidence of record shows: * he was eligible for promotion to CPT in November 2012 * an administrative flag was initiated against him in February 2013 and his name was removed from Presidential List 18-13 * the flag was removed in April 2013 when he was cleared of any wrongdoing * Presidential List 18-13 was approved on 29 April 2013 3. Since the applicant was cleared of any wrongdoing and the flag was removed, his DOR for CPT should be adjusted to 29 April 2013, the date Presidential List 18-13 was approved. 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 and State Army National Guard records of the individual concerned be corrected by adjusting his DOR to CPT to 29 April 2013. _______ _ _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) AR20140002768 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140002768 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1