RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 October 2005
DOCKET NUMBER: AR20050004254
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mrs. Victoria A. Donaldson | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Jose A. Martinez | |Member |
| |Ms. LaVerne M. Douglas | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his permanent Federal
Recognition for promotion to the grade of captain be back-dated to 8
September 2004.
2. The applicant states his Federal Recognition date should be changed to
the same day as his "State recognition" and that he submitted a complete
promotion package on 20 July 2004. The applicant concludes there is no
reason why he was not promoted on 8 September 2004 and he has lost a lot of
money waiting for his promotion.
3. The applicant provides a copy New York Army National Guard (NYARNG)
orders; National Guard Bureau (NGB) Form 89 (Proceedings of a Federal
Recognition Board), dated 23 November 2004; and National Guard Bureau
Federal Recognition Orders Number 37 AR, dated 9 February 2005.
CONSIDERATION OF EVIDENCE:
1. NYARNG Orders Number 128-1071, dated 7 May 2004, transferred the
applicant to an authorized captain position.
2. On 15 November 2004,the NYARNG held a State Promotion Board which found
the applicant qualified for promotion to the grade of captain.
3. On 23 November 2004, a Federal Recognition Board was held by the NYARNG
to determine if the applicant was qualified to be awarded Federal
Recognition for promotion to the grade of captain. The proceedings
indicated that the applicant was satisfactory in his physical
qualifications, moral character, and general qualifications.
4. NYARNG Orders Number 342-1028, dated 27 December 2004, show the
applicant was promoted to the grade of captain effective 23 November 2004.
These orders show the entries for effective date and date of rank were
lined through and replaced with a date stamp entry "FEB [February] 09
2005."
5. National Guard Federal Recognition Orders Number 37 AR, dated
9 February 2005, awarded the applicant permanent Federal Recognition for
promotion to the grade of captain, effective 9 February 2005.
6. The applicant's records contain a 19 April 2005 memorandum from the
National Guard Bureau. This memorandum stated the applicant was promoted
as a Reserve Commissioned Officer to the grade of captain with the
effective date 9 February 2005.
7. On 10 September 2005, the staff of the ABCMR requested the Chief,
National Guard Bureau review the applicant's request and provide a
comprehensive advisory opinion.
8. On 25 August 2005, the Chief of the Personnel Division of the National
Guard Bureau provided a two-page advisory opinion.
9. This opinion provided a brief historical background of the applicant.
The Chief of the Personnel Division opined the applicant was promoted by
unit vacancy by the Adjutant General of the State of New York and the
effective date cannot be adjusted unless directed by the ABCMR or approval
by a Special Selection Board.
10. The Chief of the Personnel Division further opined there was not an
excessive amount of time between the Adjutant General's recommendation for
promotion and the issuance of permanent Federal Recognition for promotion
to the grade of captain.
11. The Chief of the Personnel Division recommended disapproval of the
applicant's request to adjust the date of his permanent Federal Recognition
for the grade of captain.
12. The date the Adjutant General of the State of New York submitted the
request for permanent Federal Recognition for promotion to the grade of
captain is not in the available records.
13. On 30 August 2005, the applicant was provided a copy of the advisory
opinion for review and comment. The applicant did not respond to this
request.
14. National Guard Regulation 600-100 (Commissioned Officer-Federal
Recognition and Related Personnel Actions) provides procedures for
processing all applications for Federal Recognition. Paragraph 2-1 states
that commissioned officers of the ARNG are appointed by the several States
under Article 1, Section 8 of the U. S. Constitution. These appointments
may be federally recognized by the Chief, NGB under such regulations as the
Secretary of the Army may prescribe and under the provisions of this
regulation. Officers who are federally recognized in a particular grade
and branch shall be tendered an appointment in the same grade as Reserve
commissioned officers of the Army with assignment to the Army National
Guard of the United States if they have not already accepted such
appointment.
15. Paragraph 8-1 of National Guard Regulation 600-100 states the
promotion of officers in the ARNG is a function of the State. Paragraph 8-
3 states a commissioned officer who has been promoted by the State and
extended Federal Recognition in the higher grade in the Reserve of the Army
with assignment to the Army National Guard of the United States.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the effective date of his permanent Federal
Recognition for promotion to the grade of captain should be backdated to
4 September 2004.
2. Orders show the applicant was promoted in the NYARNG under a unit
vacancy position to the grade of captain effective 9 February 2005. This
promotion was accomplished at the discretion of the Adjutant General of the
State of New York.
3. There is no evidence and the applicant has not provided sufficient
evidence which shows the Adjutant General of the State of New York did not
timely process the applicant's promotion.
4. The applicant was awarded permanent Federal Recognition for the purpose
of promotion to the grade of captain with the effective date 9 February
2005. There is no evidence and the applicant has not provided sufficient
evidence which shows the Chief, National Guard Bureau did not process the
applicant's permanent Federal Recognition in a timely manner.
5. There is no evidence and the applicant has not provided sufficient
evidence which supports his request. Absent such evidence there is no
basis to grant the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_LD_______ _JA_ __ _JM___ 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.
__James E. Anderholm__
CHAIRPERSON
INDEX
|CASE ID |AR20050004254 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051025 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2006 | 20060015553
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 September 2007 DOCKET NUMBER: AR20060015553 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that his date of initial appointment in the New York Army National Guard (NYARNG) be corrected from 9 January 2006 to 14 April 2005. However, there is no documentation to substantiate that...
ARMY | BCMR | CY2006 | 20060015550
National Guard Bureau Federal Recognition Orders Number 75 AR, dated 17 March 2006, awarded the applicant permanent Federal Recognition for initial appointment to the grade of captain, effective 9 January 2006. If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the grade and branch in which the member is qualified. Records show that the applicant was granted temporary Federal Recognition...
ARMY | BCMR | CY2007 | 20070002623
g. Electronic mail (email) dated 8 February 2007, 12 January 2007, 18 October 2006, and 12 October 2006. h. DMNA Form 188-2-R (Request for Orders), dated 4 April 2004, that requested orders promoting the applicant to LTC. Although the applicant was already promotable to LTC and had been notified as such on 7 October 2005, the CY 2005 LTC RCSB erroneously considered him and selected him for promotion by that board with an effective DOR of either 5 April 2005, or the date Federal Recognition...
ARMY | BCMR | CY2007 | 20070005999C071108
Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of records shows the applicant was promoted to MAJ in the New York Army National Guard (NYARNG) on 25 January 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Federal Recognition Order Number 21 AR, dated 26 January 2005, to show the effective date of promotion...
ARMY | BCMR | CY2008 | 20080020100
On 29 September 2006, by letter, the National Guard Bureau notified the applicant that she was promoted to CPT with an effective date and date of rank of 29 September 2006. Unit officers selected by a mandatory board will have an effective date and date of promotion no earlier than the date the board is approved provided they are assigned to a position in the higher grade. The evidence of record further shows that the applicant was promoted to 1LT on 1 July 2002.
ARMY | BCMR | CY2011 | 20110004584
Orders 258-1060, issued by the Office of the Adjutant General, State of New York, dated 15 September 2009, show the effective date of his appointment was 19 August 2009 and that he was granted temporary Federal recognition which would expire on 19 August 2010. Orders in his record show he did not receive permanent Federal recognition for his initial appointment as a CPT until 19 August 2010, a full year after an FREB recommended such recognition. As a result, the Board recommends that all...
ARMY | BCMR | CY2006 | 20060015552
National Guard Bureau Federal Recognition Orders Number 175 AR, dated 12 July 2006, awarded the applicant permanent Federal Recognition for initial appointment to the grade of second lieutenant, effective 15 December 2005. If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the grade and branch in which the member is qualified. Records show that the applicant was granted temporary Federal...
ARMY | BCMR | CY2010 | 20100000119
The effective date of promotion in the ARNG will be the effective date on the permanent Federal recognition orders. She provided copies of her colonel promotion orders, Federal recognition orders, and assignment orders which show she held the O-6 position effective 1 June 2004 prior to her promotion effective date of 4 May 2005. The record shows she was selected for promotion to colonel by an SSB on 9 February 2004.
ARMY | BCMR | CY2003 | 2003090523C070212
The applicant requests, in effect, that the date of her Federal Recognition be corrected to show she was granted Federal Recognition on 29 March 2002. On 29 March 2002, the applicant executed an Oath of Office as a WO1 in the NYARNG and was granted temporary Federal Recognition. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.
ARMY | BCMR | CY2011 | 20110005214
Temporary Federal recognition may be extended to an officer who has been appointed in the ARNG of a State and found to be qualified by a Federal Recognition Board pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army. Records show the applicant was granted temporary Federal recognition effective 20 March 2009 upon his initial appointment in the NYARNG as a 2LT. As a result, the Board recommends that the State Army National Guard records...