RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 October 2006
      DOCKET NUMBER:  AR20050013174


      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 B. Gunlicks             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Scott W. Faught               |     |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 personnel and pay records be corrected
to show the date of his Federal Recognition for promotion to the grade of
lieutenant colonel (LTC) was 7 July 2001.  The applicant further requests
that he be paid all monies due as a result of this correction and that all
officer evaluation reports for this period of time be corrected.

2.  The applicant states that promotion orders and Federal Recognition
should have been immediately published when the results of the Major to
Lieutenant Colonel Department of the Army (DA), Army Medical Department
(AMEDD) Mandatory Promotion Board adjourned in June 2001.  The applicant
continues that he was assigned to a position authorized to be filled by a
LTC and that as DA Mandatory Promotion Board "selectee", he should have
been immediately promoted with an effective date of 7 July 2001 as noted in
the 17 October 2002 memorandum from the US Total Army Personnel Command.

3.  The applicant provides an extract of a National Guard Bureau (NGB)
Table of Distributions and Allowances (TDA), a position description,
assignment orders to a LTC position, a notification of selection by a DA
Mandatory Board, state promotion orders, an appointment memorandum to the
grade of LTC, Federal Recognition Order, and a self-authored statement in
support of the application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a member of the Mississippi Army National
Guard (MIARNG) serving as a LTC in an Active Guard/Reserve position.

2.  National Guard Bureau Federal Recognition Orders Number 179 AR, dated
16 September 1997, awarded the applicant permanent Federal Recognition for
promotion to the grade of major, effective 16 September 1997.

3.  NGB Orders Number 104-011, dated 14 April 1999, show that the applicant
was ordered to active duty in an Active Guard/Reserve status attached to
the Office/ARNG Surgeon (W39CAA) to serve as a Health Services Materials
Officer (281) (Paragraph 012a/Line 06) of the TDA.

4.  On 17 October 2002, the applicant was notified by memorandum from the
US Total Army Personnel Command that he was selected for promotion to the
grade of LTC by the 2002 DA Mandatory Promotion Board.

5.  On 19 August 2003, the applicant was notified by memorandum from the US
Total Army Personnel Command that he was selected for promotion to the
grade of LTC by the 2003 DA Mandatory Promotion Board.

6.  MSARNG Orders Number 297-090, dated 24 October 2003, show that the
applicant was transferred to the Training Officer Position (W7W1AA) at Camp
Shelby, Mississippi, effective 15 November 2003.  These orders further show
that the position the applicant was assigned was identified as
paragraph/line number 003-01 of the TDA.

7.  MSARNG Orders Number 160-330, dated 8 June 2004, show that the
applicant was promoted to the grade of LTC effective 18 June 2004.  These
orders further state that the effective date of promotion was determined by
the Federal Recognition Order issued by the National Guard Bureau, not the
effective date of the MSARNG order.

8.  National Guard Bureau Memorandum, dated 18 June 2004, shows that the
applicant was promoted to the rank of LTC as a Reserve Commissioned Officer
of the Army effective 18 June 2004 and that his promotion eligibility
date/date of rank to LTC was 7 July 2001.

9.  National Guard Federal Recognition Orders Number 148 AR, dated 18 June
2004, awarded the applicant permanent Federal Recognition for promotion to
the grade of LTC, effective 18 June 2004 with a promotion eligibility date
of 7 July 2001.

10.  The applicant provided a copy of an Army National Guard Readiness
Center TDA prepared on 21 July 2005.  This TDA does not contain the
paragraph and line number of the LTC position the applicant was assigned.

11.  The applicant provided a "Justification and Position Description" for
a Health Services Materiel Officer assigned to Army Surgeon's Office of the
National Guard Bureau.  This paper does not identify the applicant by name
or assigned position.

12.  The Chief of the Personnel Division of the National Guard Bureau
provided a two-page advisory opinion for consideration with this case.

13.  The Chief of the Personnel Division recommended denial of the
applicant's request based the fact that there were no orders which show
that he was assigned to a LTC position on or before 7 July 2001.

14.  The applicant was provided a copy of the National Guard Bureau opinion
for review and comment.  The applicant did not respond to the National
Guard Bureau opinion.

15.  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.

16.  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.

17.  Paragraph 8-15a of National Guard Regulation 600-100 states that an
Army National Guard commissioned officer not on active duty who is selected
for promotion as a Reserve commissioned officer of the Army resulting from
mandatory consideration may be extended Federal Recognition in the higher
grade subject to several conditions, one of which is the officer is
promoted to fill an appropriate vacancy in the higher grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his personnel and pay records should be
corrected to show the date of his Federal Recognition for promotion to the
grade of LTC was 7 July 2001.

2.  Evidence shows that the applicant was promoted to the grade of LTC and
awarded permanent Federal Recognition of this promotion on 18 June 2004.
Evidence further shows that the applicant's date of rank to LTC was 7 July
2001. The date of rank is used to determine future promotion eligibility
dates.



3.  There is no evidence that the applicant was in an authorized LTC
position prior to his promotion to LTC by the MSARNG.  Additionally, there
is no evidence in the available records which show that the Adjutant
General of the State of Mississippi intended to promote the applicant prior
to 18 June 2004.

4.  Absent evidence to show that the applicant was in an authorized LTC
position prior to the MSARNG promoting him, there is no basis to grant the
relief.

5.  As a result there is no basis to grant the applicant's request for back-
pay and allowance or his request for amendment of his officer evaluation
reports.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JBG___  _MJF ___  __SWF___  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 B. Gunlicks____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050013174                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/10/05                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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