RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 September 2006
DOCKET NUMBER: AR20050017549
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. Allen L. Raub | |Chairperson |
| |Ms. Linda M. Barker | |Member |
| |Mr. Qawiy A. Sabree | |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 (DOR) to Colonel, O-6 be
adjusted to 8 January 2005 or 17 February 2005.
2. The applicant states he was appointed to an O-6 billet and began
serving as a Brigade Commander effective 8 January 2005. Additionally, the
Senate confirmed the board results on 17 February 2005.
3. The applicant provides orders transferring him to an O-6 billet; a 17
March 2005 National Guard Bureau (NGB) memorandum; State promotion orders;
and Federal Recognition orders.
CONSIDERATION OF EVIDENCE:
1. After having had prior commissioned service in the Regular Army and the
U. S. Army Reserve, the applicant accepted appointment in the Army
National Guard (ARNG) as a Major, O-4 on 12 September 1997. He was
promoted to Lieutenant Colonel, O-5 on 28 April 2000. He was selected for
promotion to Colonel by the Calendar Year 2004 Department of the Army
Mandatory Colonel promotion board to be effective on or about 27 April
2005.
2. Effective 8 January 2005, the applicant was assigned as the Brigade
Commander of the 71st Troop Command in the Texas ARNG (a Colonel’s
position).
3. On 17 February 2005, the Senate confirmed the results of the Calendar
Year 2004 Department of the Army Mandatory Colonel promotion board.
4. Texas Military Forces, Land Component Command, Adjutant General’s
Department Orders 069-1036 dated 10 March 2005 promoted the applicant to
Colonel with an effective date of 10 March 2005 and a date of rank of “28
April 2000.”
5. NGB Special Orders Number 96 AR dated 24 March 2005 granted the
applicant Federal Recognition effective 24 March 2005.
6. In the processing of this case, an advisory opinion was obtained from
the Personnel Division, NGB. That office recommended that the applicant’s
DOR to Colonel be adjusted to 17 February 2005, the date the Senate
confirmed and approved the promotion list.
7. A copy of the advisory opinion was provided to the applicant for
comment or rebuttal. He concurred with the advisory opinion on 21 August
2006.
8. National Guard Regulation 600-100 prescribes policies and procedures
governing, in part, the promotion and Federal Recognition of commissioned
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.
Wearing of insignia of the higher grade is not authorized until Federal
Recognition has been extended by the Chief, NGB.
9. Title 10, U. S. code, section 12203 provides that appointments of
reserve officers in commissioned grades above the grade of Lieutenant
Colonel shall be made by the President, by and with the advice and consent
of the Senate.
DISCUSSION AND CONCLUSIONS:
1. The applicant was selected for promotion to Colonel by the Calendar
Year 2004 Department of the Army Mandatory Colonel promotion board. The
Texas ARNG assigned him to a Colonel’s position on 8 January 2005. His
promotion was approved by Senate confirmation on 17 February 2005; however,
he was not granted Federal Recognition until 24 March 2005.
2. In accordance with the advisory opinion, it would be equitable to
correct the applicant’s records to show he was promoted to Colonel with a
DOR and effective date of 17 February 2005 and granted Federal Recognition
effective 17 February 2005.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__alr___ __lmb___ __qas___ 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 showing he was
promoted to Colonel with a DOR and effective date of 17 February 2005, and
that he was granted Federal Recognition effective 17 February 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
adjusting his DOR to Colonel to 8 January 2005.
__Allen L. Raub______
CHAIRPERSON
INDEX
|CASE ID |AR20050017549 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060912 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |131.05 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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