RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 November 2006
      DOCKET NUMBER:  AR20060001894


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Ms. Ernestine I. Fields           |     |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 for major be adjusted to
reflect 5 August 2005 or 1 December 2005 with all back pay and allowances.

2.  The applicant states, in effect, the Alaska Army National Guard
(AKARNG) personnel section did not promote him as a "Department of the Army
(DA) Select" officer by the Fiscal Year (FY) 2005 Major Reserve
Component/Army Promotion List which was released 28 June 2005 to the
National Guard Bureau (NGB) – Federal Recognition section.  He continues
that AKARNG personnel section incorrectly submitted his records before two
Federal Recognition Boards.

3.  The applicant further states that when the Federal Recognition Boards
were completed in November and December 2005, his records were incorrectly
submitted as a unit vacancy promotion in January 2006.

4.  The applicant provides Federal Recognition Orders Number 21 AR, dated
23 January 2006; AKARNG Element Joint Forces Headquarters Orders Number 349-
005, dated 15 December 2005; Federal Recognition Orders 311 AR, dated 31
October 2005; AKARNG Element Joint Forces Headquarters Orders Number 292-
009, dated 19 October 2005; NGB Form 89 (Proceedings of a Federal
Recognition Examining Board), dated 19 October 2005; AKARNG Element Joint
Forces Headquarters Orders Number 290-005, dated 17 October 2005; DA Form
1059 (Service School Academic Evaluation Report), dated 5 August 2005; a
memorandum from the U.S. Army Human Resources Command, dated 28 June 2005;
Federal Recognition Orders Number 201 AR, dated 6 July 2005; AKARNG Element
Joint Forces Headquarters Orders Number Orders 174-009, 22 June 2004; NGB
Form 337 (Oaths of Office), dated 21 June 2004; NGB Form 62-E (Application
for Federal Recognition as an Army National Guard Officer or Warrant
Officer and Appointment as a Reserve Commissioned Officer or Warrant
Officer of the Army in the Army National Guard of the United States), dated
May 2004 (date is unreadable); DA Form 1059, dated 6 April 2000; a DA Form
67-9 (Officer Evaluation Report), dated 9 June 2003; a Personnel
Qualification Record – Officers/Warrant Officers PCN GPVS-1790, dated 15
December 2005; and a copy of Fiscal Year 2005 (FY05) Major, Reserve
Component/Army Promotion List, Selection Board Results in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant served over 10 years as a commissioned officer in the
Regular Army.  He was honorably discharged on 20 June 2004 and transferred
to the United States Army Reserve (USAR).
2.  On 21 June 2004, the applicant executed an Oath of Office and was
awarded temporary Federal Recognition as a captain in the AKARNG.

3.  AKARNG Element Joint Forces Headquarters Orders Number 174-009, dated
22 June 2004, shows the applicant was appointed to the AKARNG in the grade
of captain and assigned to the 49th Space Battalion Ground Missile Defense,
Fort Greely, Alaska effective 21 June 2004.

4.  A U.S. Army Human Resources Command memorandum, dated 28 June 2005,
notified the Army National Guard Personnel Center that the applicant was
selected for promotion to the rank of major by the DA Mandatory Selection
Board.

5.  Federal Recognition Orders Number 201 AR, dated 6 July 2005, extended
Federal Recognition to the applicant in the rank of captain for the purpose
of being transferred from the USAR effective 21 June 2004.

6.  On 5 August 2005, the applicant completed the Air Defense Artillery
Captains Career course.

7.  AKARNG Element Joint Forces Headquarters Orders Number 290-005, dated
17 October 2005, transferred the applicant from a Military Intelligence
(35D) S2/rank O-3 [captain] position to the Air Defense Artillery (14A)
Senior Tactical Director/rank O-4 [major] position effective 1 December
2005.

8.  On 19 October 2005, a Federal Recognition Board was held by the AKARNG
to determine if the applicant was qualified to be awarded Federal
Recognition.  The proceedings indicated that the applicant was satisfactory
in his physical qualifications, moral character and general qualifications.
 The Federal Recognition Board determined that the applicant was eligible
for appointment as a captain in the Army National Guard.

9.  AKARNG Element Joint Forces Headquarters Orders Number 292-009, dated
19 October 2005, withdrew the applicant from the Military Intelligence
branch Area of Consideration (AOC) and awarded him the Air Defense
Artillery branch AOC effective 19 October 2005.

10.  Federal Recognition Orders Number 311 AR, dated 31 October 2005,
extended the applicant Federal Recognition in the rank of captain for the
purpose of branch changes from military intelligence.

11.  AKARNG Element Joint Forces Headquarters Orders Number 349-005, dated
15 December 2005, promoted the applicant to the rank of major effective
15 December 2004.  The orders show that the original effective date was
crossed out and the date of "23 Jan 06" [23 January 2006] was handwritten
as the effective date.  The orders further shows that the applicant would
not be paid nor could he wear the rank insignia of major until Federal
Recognition had been extended by the Chief, National Guard Bureau and
special orders received.

12.  An NGB memorandum, dated 23 January 2006, informed the Adjutant
General of the State of Alaska, that the applicant was promoted to the rank
of major in the Reserve of the Army for service in the Army National Guard
of the United States effective 23 January 2006.

13.  Federal Recognition Orders Number 21 AR, dated 23 January 2006,
extended the applicant Federal Recognition effective 23 January 2006, for
the purpose of promotion to the rank of major.

14.  The applicant submitted a copy of the FY05 Major, RC/APL, Selection
Board results which lists his name.  The FY05 Major, RC/APL Selection Board
convened on 8 March 2005, recessed on 25 March 2005, and was approved by
the President on 8 June 2005.

15.  The National Guard Bureau provided an advisory opinion in this case.
The Chief, Personnel Division stated the applicant requested that his date
of rank for promotion to the rank of major be adjusted from 23 January 2006
to 5 August 2005 with all back pay and allowances.

16.  The Chief, Personnel Division stated the applicant alleged that the
personnel section at AKARNG did not submit him as an "DA Select" promotion
to the NGB, but instead, his records were incorrectly submitted to two
Federal Recognition Boards conducted by the State.  The Chief, Personnel
Division continued that once the boards were completed in November and
December 2005, the applicant's file was incorrectly submitted as a unit
vacancy promotion to the NGB in January 2006.

17.  The Chief, Personnel Division indicated the applicant was commissioned
as a captain, executed an oath of office on 21 June 2004, and appointed him
in the AKARNG effective 21 June 2004.  The Chief, Personnel Division
continued that the memorandum from the Human Resources Command – St. Louis,
dated 28 June 2005, indicated the applicant's promotion eligibility date
was 28 February 2005 and that he completed the Air Defense Artillery
Captain Career course on 5 August 2005.
18. The Chief, Personnel Division further stated that per order number 290-
005, dated 17 October 2005, the applicant was transferred from a captain
position (Military Intelligence) to a major position (Air Defense
Artillery) effective 1 December 2005.

19.  The Chief, Personnel Division continued by stating that on 19 October
2005, AKARNG issued an NGB Form 89 approving withdrawal of the applicant's
Military Intelligence AOC and awarding Air Defense Artillery AOC (14A) as
his primary AOC.  The Chief, Personnel Division stated that Order Number
292-009 was published awarding 14A as his primary AOC effective 19 October
2005 and Federal Recognition orders were published on 31 October 2005 for
branch transfer from Military Intelligence to Air Defense Artillery.

20.  The Chief, Personnel Division stated that the AKARNG Military
Personnel Office published Order Number 349-005, dated 15 December 2005
promoting the applicant to the rank of major effective 15 December 2005.
The Chief, Personnel Division states that Federal Recognition Order Number
21 AR, dated 23 January 2006, extended Federal Recognition for the
promotion with an effective date as 23 January 2005 and his promotion
eligibility date as 28 February 2006.

21.  The Chief, Personnel Division coordinated with the Federal Recognition
section and searched the applicant's Official Military Personnel File in
the Personnel Electronic Records Management Systems and did not find a
packet submitted by his unit as a unit vacancy promotion in November and
December 2005.  The Chief, Personnel Division only found the applicant's
promotion packet at the Federal Recognition section which showed him as a
DA select to major.

22.  The Chief, Personnel Division stated that in accordance with chapter 8
of NGR 600-100 (Commissioned Officers - Federal Recognition and Related
Personnel Actions), promotion authority for all Army National Guard
officers is the State Adjutant General (TAG) and if the TAG chooses not to
promote an officer, he or she is not obligated to do so.  The Chief,
Personnel Division further stated that it was evident that the applicant's
unit wanted to promote him to major effective 1 December 2005 when he was
transferred to a major position.

23.  The Chief, Personnel Division recommended and the National Guard
Bureau, Personnel Policy and Readiness Division concurred that the
applicant's promotion effective date should be adjusted to 1 December 2005
with a promotion eligibility date as 28 February 2005 and grant all back
pay and allowances.

24.  The applicant was provided a copy of the National Guard Bureau
advisory opinion for review and comment.  On 5 September 2006, the
applicant concurred with the advisory opinion.

25.  National Guard Regulation 600-100 provides procedures for processing
all applications for Federal Recognition.  Paragraph 8-15 specifically
provides procedures for Federal Recognition after selection for promotion
as a Reserve of the Army officer.  Specifically, 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 the following conditions: the officer had reached promotion
eligibility date, the officer has remained in an active status since the
date selected for promotion, the officer is medically qualified and meets
height and weight standards, the officer has received Senate confirmation
for promotion to the grade of lieutenant colonel or colonel, and the
officer is promoted in State status to fill an appropriate position vacancy
in the higher grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank to major should be
corrected to show the effective date of either 5 August 2005 or 1 December
2005 with entitlement to all back pay and allowances.

2.  Evidence shows the applicant was transferred from the USAR into the
AKARNG effective 21 June 2004 in the rank of captain.  Evidence also shows
that on 1 December 2005, the applicant was transferred from a captain
position in the Military Intelligence to a major position in Air Defense
Artillery.

3.  Records clearly show that the applicant was selected for promotion to
the grade of major by a DA Mandatory Selection Board and that his date of
rank for promotion eligibility purposes would be 28 February 2005.  The
earliest that he could have been promoted to the rank of major was on 8
June 2005 when the list was approved.  However, the applicant was not in a
major position at that time.

4.  Evidence shows the applicant was transferred from a Military
Intelligence captain position to an Air Defense Artillery major position
effective 1 December 2005.  Therefore, the applicant should have been
promoted on the date he was transferred to a major position.  It is clear
that an administrative error denied the applicant permanent Federal
Recognition for promotion to the grade of major effective 1 December 2005.

5.  Based on applicable regulation and the foregoing, the applicant is
entitled to have Federal Recognition Order Number 21 AR, dated 23 January
2006, amended to show the effective date of permanent Federal Recognition
for promotion to the grade of major as 1 December 2005 with a date of rank
of 28 February 2005.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MKP_ __  _EIF___  __RR___  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 amending Federal Recognition Order Number 21 AR,
dated 23 January 2006, to show that he was extended Federal Recognition for
promotion to the grade of major effective 1 December 2005 with a date of
rank of 28 February 2005 and that he be paid all back pay and allowances
due as a result of this correction.

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 the date of rank for the grade of major to show 5 August 2005.




                                    __Margaret K. Patterson___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001894                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061109                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Shatzer                             |
|ISSUES         1.  314  |131.0400.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]