RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 November 2005
      DOCKET NUMBER:  AR20050004666


      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. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 that his date of rank to Captain be changed from
         1 March 2002 to 8 August 2001.

2.  The applicant states records were forwarded to the Federal Recognition
board in 2000 without being reviewed by him.  His college graduation
certificate was not included, causing him to be found not qualified for
promotion to Captain.  He provided his college graduation certificate and
his records were considered by a special selection board, which recommended
him for promotion.

3.  The applicant provides his First Lieutenant promotion orders; his
Captain promotion orders, his college diploma; a recommendation for
promotion to Captain; and Federal Recognition orders.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service, the applicant was commissioned
a Second Lieutenant in the Army National Guard (ARNG) on 28 February 1996.
He was promoted to First Lieutenant on 3 February 1998 and granted Federal
Recognition that date.

2.  On 13 June 2000, the applicant was awarded his Bachelor of Arts degree.
 On 23 June 2000, he completed the Infantry Captains' Career Course.

3.  By memorandum to the Georgia ARNG (GAARNG) dated 8 August 2001, the
National Guard Bureau (NGB) approved a Captain position for the applicant
and requested the GAARNG forward a copy of the State promotion order to the
NGB.

4.  State of Georgia, Department of Defense, Military Division Orders 312-
053, dated 8 November 2001, promoted the applicant to Captain effective
             26 September 2001.

5.  By memorandum dated 26 March 2002, the Office of Promotions, Reserve
Components, U. S. Total Army Personnel Command (PERSCOM) informed the
applicant, through NGB, that he was not selected for promotion to Captain
by a Department of the Army Reserve Components Mandatory Selection Board
because he had not completed the required civilian and/or military
education [a bachelor degree/officer basic course or captains' career
course required].

6.  By memorandum dated 17 April 2003, the Office of Promotions, PERSCOM
informed NGB the applicant was selected for promotion to Captain as a
Reserve commissioned officer not on active duty effective 1 February 2003.


7.  By memorandum dated 7 May 2003, the Office of Promotions, PERSCOM
informed NGB the applicant was selected for promotion to Captain as a
Reserve commissioned officer not on active duty effective 1 March 2002 as a
result of a special selection board.  The Adjutant General, State of
Georgia Orders 155-007, dated 4 June 2003, promoted the applicant to
Captain effective 1 March 2002.  NGB Orders, dated 11 June 2003, granted
the applicant Federal Recognition as a Captain effective 1 March 2002.

8.  In the processing of this case, an advisory opinion was obtained from
the Personnel Division, NGB.  That office noted NGB had approved a Captain
position for the applicant by memorandum dated 8 August 2001 and the GAARNG
promoted the applicant to Captain effective 26 September 2001.  It noted
that no Federal Recognition order is available.  That office also noted the
timelines of PERSCOM's promotion memorandums and subsequent orders
promoting the applicant to Captain and/or granting him Federal Recognition
as a Captain.

9.  The Personnel Division, NGB noted that National Guard Regulation 600-
100, chapter 8 states the promotion authority for all ARNG officers is the
State Adjutant General.  In the case of the applicant, the Georgia Adjutant
General requested a Captain position for him and NGB approved the request
on 1 August 2001.  That office recommended the applicant's Captain date of
rank and effective date be adjusted to 26 September 2001 with all due back
pay and allowances.

10.  A copy of the advisory opinion was provided to the applicant for
comment.  He concurred with the advisory opinion on 16 November 2005.

11.  National Guard Regulation 600-100 prescribes policies and procedures
governing, in part, Federal Recognition of officers of the ARNG.  Chapter 8
states the promotion of officers in the ARNG is a function of the State.  A
commissioned officer promoted by State authorities has a State status in
the higher grade under which to function.  However, to be extended Federal
Recognition in the higher grade, the officer must have satisfied the
requirements prescribed in this chapter (which include being assigned to a
position in the higher grade).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows NGB provided the GAARNG with a Captain
position specifically for the applicant on 8 August 2001 and the GAARNG
promoted him to Captain effective 26 September 2001.  However, it appears
he was never granted Federal Recognition for his promotion to Captain.

2.  It appears that, based upon the failure to grant him Federal
Recognition, the applicant was considered for promotion to Captain by a
Department of the Army Reserve Components Mandatory Selection Board but not
selected.  He was subsequently selected for promotion to Captain by a
special selection board and given a date of rank of 1 March 2002.  However,
had he been granted Federal Recognition after his 26 September 2001 GAARNG
promotion, there would have been no need for him to be considered for
promotion by the Mandatory Selection Board.

3.  The advisory opinion recommended the applicant's Captain date of rank
and effective date be backdated to 26 September 2001.  That was the date
the GAARNG promoted him to Captain.  It appears granting this relief would
be fair and equitable.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__tap___  __ena___  __jrs___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that the state Army National Guard records and all Department of
the Army records of the individual concerned be corrected by:

     a.  showing he was promoted to Captain in the ARNG with a date of rank
and effective date of 26 September 2001 and granted Federal Recognition in
the rank of Captain effective 26 September 2001; and

     b.  revoking his Department of the Army Reserve Components Mandatory
Selection Board promotion to captain.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
backdating his Captain date of rank and effective date to 8 August 2001.




                                  __Thomas A. Pagan____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004666                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051122                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |131.00                                  |
|2.                      |125.02                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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