RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060000139


      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. Stephanie Thompkins           |     |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, in effect, adjustment to his promotion
effective date and date of rank for first lieutenant from 5 October 2005 to
13 May 2004.

2.  The applicant state, in effect, that he was an Early Commissioning
Program (ECP) graduate of Valley Forge Military College (13 May 2002).  His
unit commanders, from commissioning date to current, were not aware that he
was authorized promotion without being military occupational specialty
qualified, which is stated under Army Regulation 135-155, Tables 2-1, 2-2
(note 1) and National Guard Regulation 600-100, pages 39-40.  Therefore,
since they were not aware of these stipulations, his promotion packet for
first lieutenant was not allowed for submission.

3.  The applicant provides copies of his oaths of office; his Federal
recognition orders; his National Guard Bureau (NGB) Form 62 (Application
for Federal Recognition as an Army National Guard Officer and Appointment
as a Reserve Commissioned Officer of the Army in the Army National Guard of
the United States); his assignment and transfer orders; and Army Regulation
135-155, Tables 2-1, 2-2 (note 1) and National Guard Regulation 600-100,
pages 39-40, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he attended Valley Forge Military
College from 1 September 2000 to 12 May 2002.  He was appointed in the
United States Army Reserve, as a second lieutenant, effective 13 May 2002,
in accordance with the ECP.

2.  On 14 September 2002, he submitted a NGB Form 62 for appointment in the
North Carolina Army National Guard (NCARNG).  He was appointed in the
NCARNG, Infantry Branch, as a second lieutenant, effective 3 October 2002.

3.  On 29 October 2003, he completed a DA Form 4187 (Personnel Action), for
an interstate transfer from the NCARNG to the Tennessee (TN) ARNG.  On
3 November 2003, his commander recommended approval of the request.

4.  He was appointed in the TNARNG, Armor Branch, as a second lieutenant,
effective 22 December 2003.

5.  On 10 February 2004, the NGB, published special orders number 32AR,
transferring the applicant from the NCARNG to the TNARNG and transferring
him from the Infantry to the Armor Branch with an effective date of
22 December 2003.

6.  Based on the required 2 years minimum time in grade, his promotion
eligibility date (PED) for first lieutenant was 12 May 2004.

7.  On 4 August 2004, he completed a DA Form 4187, for an interstate
transfer from the TNARNG to the Alabama (AL) ARNG.  His commander
recommended approval of the request on the same day.

8.  He was appointed in the ALARNG, as a second lieutenant, effective
1 September 2004.

9.  On 26 October 2004, the NGB, published special orders number 271AR,
transferring the applicant from the TNARNG to the ALARNG with an effective
date of 1 September 2004.

10.  He was ordered to active duty for training effective 12 June 2005.  He
completed the Infantry Officer Basic Course (OBC) effective 4 October 2005.

11.  He was issued promotion orders, dated 8 November 2005, promoting him
to first lieutenant with a promotion effective date and date of rank of 13
May 2005.

12.  In an advisory opinion, dated 19 July 2006, the Chief, Personnel
Division, Departments of the Army and the Air Force, NGB, reiterated the
applicant's requests and contentions.  The Personnel Division official
stated that on 13 May 2002, Valley Forge Military Academy and College
issued a memorandum appointing the applicant in accordance with Army
Regulation 145-1, chapter 6, ECP.  The NCARNG approved NGB Form 62 for the
applicant to be appointed as a second lieutenant in the Infantry Branch,
effective 3 October 2002.  The applicant signed an oath of office on the
same day.

13.  The NGB official also stated that the NCARNG, Military Personnel
Office, published Orders Number 214-025, dated 16 October 2002, for the
applicant's appointment as a second lieutenant in the ARNG effective 3
October 2002.  Federal Recognition Special Orders Number 306 AR, dated 4
November 2002, were issued transferring the applicant from the USAR to the
NCARNG effective 3 October 2002.  The applicant requested an interstate
transfer from the NCARNG to the TNARNG on 29 October 2003.  On 22 December
2003, TNARNG published Orders Number 356-203, appointing the applicant in
the TNARNG effective 22 December 2003, as a second lieutenant, Armor
officer.  The applicant signed an oath of office on the same date.  The
State published branch transfer Orders Number 023-225 transferring the
applicant from the Infantry to the Armor Branch.  Federal Recognition
Special Orders Number 32AR were issued on 10 February 2004, transferring
the applicant from the NCARNG to the TNARNG as a second lieutenant and as
an Armor officer.

14.  The NGB official further stated that the applicant requested another
interstate transfer from the TNARNG to ALARNG on 4 August 2004.  Orders
Number 257-293 were published by the TNARNG transferring the applicant to
the ALARNG effective 1 September 2004, as a second lieutenant.  The
applicant signed another oath of office on the same date.  The ALARNG
published Orders Number 271-017, dated 27 September 2004, appointing the
applicant in the ALARNG effective 1 September 2004.  Federal recognition
Special Orders Number 271 AR, dated 26 October 2004, were issued
transferring the applicant from the TNARNG to the ALARNG.

15.  The NGB official also stated that the Human Resources Command, St.
Louis, Missouri, published Orders Number T-05-506278, dated 12 May 2005,
for the applicant to report to Fort Benning, Georgia, on 12 June 2005, to
the infantry school.  The applicant completed the Infantry OBC on 4 October
2005.  On 8 November 2005, the ALARNG published Orders Number 312-588
promoting the applicant to first lieutenant effective 13 May 2005.  Orders
were amended to read, promotion effective date, 5 October 2005.  Federal
recognition Special Orders Number 354 AR, dated 20 December 2005, were
issued for his promotion to first lieutenant.

16.  The NGB official further stated that Army Regulation 135-155, table 2-
2, note 1, stated that officers assigned to the control group Officer
Active Duty Obligor (OADO) and former OADO officers, including ECP
participants transferred to the Control Group (Annual Training), or the
selected Reserve preceding their PED to first lieutenant, are not required
to meet the educational requirement for promotion to first lieutenant.
Promotion under these circumstances does not negate the requirement to
complete the resident OBC at a subsequent date.  Officers enrolled in a
resident OBC, who are otherwise eligible, will also be considered to have
satisfied the education requirement for promotion to lieutenant.

17.  The NGB, Personnel Division, recommended approval on adjusting the
applicant's promotion effective date and date of rank to first lieutenant
to 13 May 2004, with entitlement to all back pay and allowances due him.
The NGB, Personnel Policy and Readiness Division concurred with the
Personnel Division's recommendation.

18.  The advisory opinion was forwarded to the applicant for
acknowledgement and/or rebuttal on 7 August 2006 and he concurred on 29
August 2006.
19.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve and ARNG officers.  This regulation specifies that an
officer in the grade of second lieutenant will be considered for promotion
without review by a promotion selection board.  The records of ARNG
officers will be screened and promotion accomplished by the Commander, NGB.


20.  Army Regulation 135-155 also specifies that officers assigned to the
Control Group OADO and former OADO officers (including ECP participants)
transferred to the Control Group (Annual Training) or the selected Reserve
preceding their PED to first lieutenant, are not required to meet the
educational requirement for promotion to first lieutenant.  Promotion under
these circumstances does not negate the requirement to complete the
resident OBC at a subsequent date.  Officers enrolled in a resident OBC,
who are otherwise eligible, will also be considered to have satisfied the
education requirement for promotion to first lieutenant.

21.  National Guard Regulation 600-100, Chapter 12, prescribes the policy
and procedures of the Reserve Officer Training Corps ECP.  Chapter 12,
paragraph 12-8, of this regulation, specifies that early commissionees will
attend an active component resident OBC upon graduation from college or
they may volunteer to attend an active or Reserve components resident OBC
upon appointment.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
adjustment to his promotion effective date and date of rank for first
lieutenant and Federal Recognition date to 13 May 2004, his PED, with
entitlement to back pay and allowances.

2.  The applicant was appointed as an ECP OADO officer and the requirement
for completion of an OBC prior to promotion to first lieutenant was not
required.  The applicant completed 2 years time in grade effective 13 May
2004 and was eligible for promotion immediately to first lieutenant.  His
records show that he met all the requirements for promotion purposes on his
PED.  Therefore, the applicant's promotion effective date and date of rank
for first lieutenant and Federal Recognition date and promotion to first
lieutenant were delayed, and he should not be penalized for these actions.

3.  It is concluded that based on a matter of equity and on the support for
favorable consideration expressed by the NGB, Personnel Division, and the
Personnel Policy and Readiness Division, the applicant should be granted
relief as requested and recommended.

4.  In view of the foregoing, the applicant’s ALARNG and Department of the
Army records should be corrected as recommended below.

BOARD VOTE:

___ALR _  __LB____  _QAS___  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
State of Alabama Army National Guard and Department of the Army records of
the individual concerned be corrected by showing he was promoted to first
lieutenant with a promotion effective date, date of rank, and Federal
Recognition date of 13 May 2004, with entitlement to back pay and
allowances based on this adjustment.




                                  ____   Allen L. Raub __________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000139                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.01                                  |
|3.                      |131.05                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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