IN THE CASE OF:  

		BOARD DATE:  15 January 2015	  

		DOCKET NUMBER:  AR20140006686 


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, in effect, correction of his date of rank and the effective date of his promotion to captain to 20 September 2013.

2.  The applicant states the California Army National Guard (CAARNG) submitted his unit vacancy promotion for Federal Recognition (FEDREC) in September of 2013.  He still has not been promoted.  The packet was received at the National Guard Bureau (NGB) but was lost in the system.  During that time NGB changed tracking systems for promotion packets and, as a result, his promotion packet was lost.  This loss was identified at the end of March, 2014 and the promotion packet was resubmitted.  The anticipated time for FEDREC is 6 months; his has taken more than a year.

3.  The applicant provides copies of his – 

* CAARNG Orders 267-1152, dated 24 September 2013, promotion orders to captain, effective 20 September 2013 
* NGB Form 89 (Proceedings of a FEDREC Examining Board)
* NGB (on-line) FEDREC Packet Entry, dated 25 September 2013




CONSIDERATION OF EVIDENCE:

1.  The applicant, a CAARNG first lieutenant, was promoted to captain to fill a unit vacancy, effective 20 September 2013.

2.  NGB Special Orders Number 214, dated 31 July 2014, extended FEDREC effective 25 July 2014 based on the approval of the promotion scroll by the Secretary of Defense.

3.  In similar cases the NGB has recommended denial of requests to change the effective date of a promotion because:  The re-delegation of authority granted to the Secretaries of the Military Departments in 1982 was rescinded effective 1 July 2005 based on advice from the Department of Justice that prohibits re-delegation of the President’s authority to appoint military officers below the Secretary of Defense.  All military officer appointments under section 12203 of Title 10, USC, including original appointments in the Reserve of the Army, not approved by 30 June 2005, shall be submitted to the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank and effective date for promotion to captain should be changed from 20 September 2013.  He submitted a copy of his CAARNG promotion orders showing an effective date of 20 September 2013.

2.  He was promoted to captain on 20 September 2013 to fill a unit vacancy position, which established his date of rank.  His date of rank as a captain is already 20 September 2013.

3.  However, the applicant was extended FEDREC for that promotion with an effective date of 25 July 2014 based upon the date approved by the Secretary of Defense.

4.  The only way the applicant's effective date of promotion may be changed is by changing the date he was extended FEDREC by the Secretary of Defense.  The ABCMR has no jurisdiction over Department of Defense records and therefore cannot make that type of correction.

5.  In view of the above, the applicant's request must be denied.






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.



      ___________  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)                                         AR20140006686





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ABCMR Record of Proceedings (cont)                                         AR20140006686



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