RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 JULY 2006
DOCKET NUMBER: AR20050015514
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 |
| |Ms. Gale J. Thomas | |Analyst |
The following members, a quorum, were present:
| |Mr. John Meixell | |Chairperson |
| |Mr. Jeffrey Redmann | |Member |
| |Mr. Edward Montgomery | |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 records be corrected by changing his
date of rank of Lieutenant Colonel to the Federal recognition orders, dated
14 December 2004. The applicant's Federal recognition orders were
published on 7 October 2005, and his notification of selection for
promotion was dated 14 December 2004. Therefore, it is concluded that the
applicant is requesting that his date of rank to lieutenant Colonel be
adjusted from 7 October 2005 to 14 December 2004.
2. The applicant states that the State of Oregon took 6 months and the
National Guard Bureau took another 5 months to process his promotion, and
he feels he lost 11 months of his date of rank.
3. The applicant provides copies of his selection for promotion to
Lieutenant Colonel, his 7 October 2005 Federal recognition orders, his 8
June 2005 transfer orders, and his 8 June 2005 promotion orders, in support
of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant became a member of the Oregon Army National Guard
(ORARNG) on 30 June 1987, as a second lieutenant.
2. On 14 December 2004, the applicant was notified that he had been
selected for promotion to the grade of Lieutenant Colonel by a promotion
board that adjourned on 29 September 2004.
3. On 8 June 2005, the ORARNG transferred the applicant to a Lieutenant
Colonel position, effective 1 June 2005.
4. ORARNG Orders 159-002, dated 8 June 2005, promoted the applicant to the
grade of Lieutenant Colonel, effective 1 June 2005. The Orders noted that
the effective date and date of rank of promotion was not valid until
Federal Recognition had been extended by the Chief of the National Guard
Bureau.
5. On 7 October 2005, Special Orders Number 292 AR, published by the
National Guard Bureau, extended Federal recognition of the applicant,
effective
7 October 2005, for the purpose of promotion.
6. In accordance with Title 10, United States Code, Section 14308f, "the
effective date of promotion shall be the date Federal recognition orders
are published."
7. In the processing of this case an Advisory Opinion was obtained from
the National Guard Bureau, which recommended that the applicant's date of
rank be adjusted to1 July 2005, a more realistic date that would allow the
National Guard Bureau to publish Federal recognition orders.
8. The applicant was provided a copy of the Advisory Opinion and concurred
with the recommendation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have his date of rank adjusted to 14
December 2004 has no merit. The applicant's notification that he had been
selected for promotion to Lieutenant Colonel was dated 14 December 2004;
however, he was not transferred to a higher grade position until 1 June
2005 and extension of Federal recognition orders were not published until 7
October 2005.
2. This Board concurs with the Advisory Opinion from the National Guard
Bureau, in that the applicant's Federal recognition orders could have been
published earlier than 7 October 2005, and recommended establishing a more
realistic date of 1 July 2005.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___JM __ ___JR___ ___EM __ 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 all Department of the Army records of the individual
concerned be corrected by showing that Federal recognition orders were
published on 1 July 2005, with a promotion date to Lieutenant Colonel of 1
July 2005.
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
changing his date of promotion to 14 December 2004.
______John Meixell__________
CHAIRPERSON
INDEX
|CASE ID |AR20050015514 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060727 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |PARTIAL GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |102.07 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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