RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 August 2006
DOCKET NUMBER: AR20050018105
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:
| |Ms. Shirley L. Powell | |Chairperson |
| |Ms. Rose M. Lys | |Member |
| |Mr. John G. Heck | |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 National Guard Federal
Recognition Order, dated 21 November 2005, for promotion to the grade of
first lieutenant be corrected to show the effective date 15 June 2005.
2. The applicant states he was initially appointed as a second lieutenant
on 15 June 2003 in the Oregon Army National Guard (ORARNG) and that his
promotion to the grade of first lieutenant should have been 15 June 2005.
3. The applicant provides an Oath of Office, dated 15 June 2003; National
Guard Bureau Federal Recognition Orders Number 265 AR, dated 20 October
2003, and National Guard Bureau Federal Recognition Orders Number 328 AR,
dated 21 November 2005 in support of this application.
CONSIDERATION OF EVIDENCE:
1. On 13 June 2003, the applicant executed an Oath of Office as a second
lieutenant in the ORARNG and was granted temporary Federal Recognition.
2. National Guard Bureau Federal Recognition Orders Number 265 AR, dated
20 October 2003, show that the applicant was transferred from the United
States Army Reserve and granted permanent Federal Recognition as a second
lieutenant in the ORARNG effective 15 June 2003.
3. On 13 July 2004, the applicant successfully completed the Infantry
Officer Basic Course.
4. ORARNG Orders Number 214-012, dated 2 August 2005, promoted the
applicant to the grade of first lieutenant effective 2 August 2005.
5. National Guard Bureau Federal Recognition Orders Number 328 AR, dated
21 November 2005, show that the applicant was promoted to the grade of
first lieutenant effective 2 August 2005.
6. Paragraph 2-1 of Army Regulation 135-155 (Promotion of Commissioned
Officers and Warrant Officers Other Than General Officers) states, in
pertinent part, that an officer in the grade of second lieutenant will be
considered for promotion without review by a selection board. The
officer's records will be screened to determined eligibility for promotion
to the next higher grade far enough in advance to permit promotion on the
date the promotion service is completed in compliance with table 2-1 or
table 2-3 of this regulation.
7. Table 2-1 of Army Regulation 135-155 states that the minimum time in
grade as a second lieutenant for promotion to first lieutenant is 2 years.
8. Table 2-2 of Army Regulation 135-155 states, in pertinent part, that
second lieutenants must complete a resident officer basic course to be
eligible for promotion to first lieutenant.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his permanent Federal Recognition for
promotion to the grade of first lieutenant should be amended to show the
effective date 15 June 2005.
2. Records show that the applicant was initially appointed in the ORARNG
on 15 June 2003.
3. Evidence of record shows that the applicant completed the Infantry
Officer Basic Course on 13 July 2004.
4. Based on the fact that the applicant met the time in grade and the
educational requirements, he should have been promoted to the grade of
first lieutenant on 15 June 2005. Therefore, he is entitled to have
Federal Recognition Order Number 328 AR, dated 21 November 2005, amended to
show that he was awarded permanent Federal Recognition for promotion to the
grade of first lieutenant, effective 15 June 2005.
BOARD VOTE:
_SLP___ _RML___ __JGH___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending Federal Recognition Order Number 328 AR, dated 21 November 2005 to
show the effective date of permanent Federal Recognition for promotion to
the grade of first lieutenant as 15 June 2005.
_Shirley L. Powell____
CHAIRPERSON
INDEX
|CASE ID |AR20050018105 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060815 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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