RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 December 2006
DOCKET NUMBER: AR20060004651
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:
| |Mr. Richard T. Dunbar | |Chairperson |
| |Mr. Dale E. DeBruler | |Member |
| |Mr. Larry W. Racster | |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 from
24 May 2005 to 1 December 2004.
2. The applicant states that he was assigned to a major/O-4 position
(Corps Support Group S-4) on 1 December 2004. He continues that the North
Carolina Army National Guard (NCARNG) Career Management Board did not act
on or approve his promotion until April 2005, even though he had been
selected by a Department of the Army Mandatory Selection Board in early
2004.
3. The applicant states that he was granted Federal Recognition for his
promotion to the grade of major/O-4 effective 24 May 2005. He continues
that Army Regulation 135-155 (Promotion of Commissioned Officers and
Warrant Officers other than General Officers) specifically stated that
"Promotion of AGR [active guard reserve] officers selected by a mandatory
board will be promoted provided they are assigned/attached to a position in
the higher grade. An AGR officer who is selected for promotion by a
mandatory promotion board, but who is not assigned/attached to a position
in the higher grade will be promoted on the date of assignment/attachment
to a higher graded position or the day after release from AGR status. The
date of rank will be the date the officer attained maximum TIG [time in
grade] or the date on which assigned/attached to a position in the higher
grade, whichever is earlier."
4. The applicant provides a copy of the DA Boards – Search Results printed
on 20 July 2005; a memorandum from the Departments of the Army and Air
Force National Guard Bureau, dated 26 September 2005; a memorandum from
Headquarters 30th Corps Support Group North Carolina Army National Guard,
dated 20 July 2005; Federal Recognition Special Orders Number 161 AR, dated
24 May 2005; Department of Crime Control and Public Safety Orders Number
132-809, dated 12 May 2005; a memorandum from Headquarters 30th Corps
Support Group North Carolina Army National Guard, dated 21 April 2005;
Department of Crime Control and Public Safety Orders Number 014-081, dated
21 January 2005; Department of Crime Control and Public Safety Orders
Number 021-813, dated 21 January 2005; a memorandum from the U.S. Human
Resources Command, dated 1 July 2004; a copy of The Command and General
Staff College Diploma, dated 18 May 2002; a United States Army Aviation
Center certificate, dated 13 September 2001; a DA Form 1059 (Service School
Academic Evaluation Report, dated 4 October 2001; a DA Form 1059, dated
10 December 2000; and Federal Recognition Special Orders Number 133 AR,
dated 30 July 1998, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a second lieutenant/O-1 in the United
States Army Reserve effective 10 May 1991. On 12 March 1993, he was
appointed as a second lieutenant/O-1 into the North Carolina Army National
Guard (NCARNG).
2. National Guard Bureau Federal Recognition Orders Number 133 AR, dated
30 July 1998, awarded the applicant permanent Federal Recognition for
promotion to the rank of captain/O-3, effective 30 July 1998.
3. DA Form 1059, dated 10 December 2000, shows the applicant completed the
Aviation Captains Career Reserve Course, Class 01-01 on 10 December 2000.
4. DA Form 1059, dated 4 October 2001, shows the applicant completed the
UH-60 Aviator Qualification Course 01-26 on 4 October 2001.
5. The Command and General Staff College Diploma, dated 18 May 2002, shows
that the applicant successfully completed the Combined Arms and Services
Staff School requirements.
6. U.S. Army Human Resources Command memorandum, dated 1 July 2004,
notified the Army National Guard Personnel Center that the Reserve
Selection Board, which adjourned on 19 March 2004, selected the applicant
for promotion to the rank of major/O-4.
7. Department of Crime Control and Public Safety Orders Number 021-813,
dated 21 January 2005, released the applicant from the Liaison Officer
position at Headquarter and Headquarters Company, 449th Aviation Group and
transferred him to the S4/pay grade O-4 position at Headquarter and
Headquarters Company 30th Support Group, effective 1 December 2004.
8. Department of Crime Control and Public Safety Orders Number 014-081,
dated 21 January 2005, ordered the applicant to full-time National Guard
duty in an Active Guard/Reserve (AGR) status performing as the S4, grade
major/O-4 effective 1 December 2004.
9. A memorandum from the Headquarters, 30th Corps Support Group North
Carolina Army National Guard, dated 21 April 2005, recommended that the
applicant be promoted to the grade of major/O-4. The commanding officer
stated that the officer clearly demonstrated the required fitness for the
responsibilities and duties of the position, grade and branch for which
recommended and that he met the minimum military and civilian educational
requirements.
10. Department of Crime Control and Public Safety Orders Number 132-809,
dated 12 May 2005, promoted the applicant to the grade of major/O-4. This
order shows that the date of rank and the effective date of "10 May 2005"
had been crossed out and the date of "May 24 2005" had been stamped on the
order.
11. National Guard Bureau Federal Recognition Orders Number 161 AR, dated
24 May 2005, awarded the applicant permanent Federal Recognition for
promotion to the rank of major/O-4, effective 24 May 2005.
12. In the memorandum from the Headquarters, 30th Corps Support Group
NCARNG, dated 20 July 2005, the deputy commander requested that the
applicant's date of rank of major/O-4 be adjusted to show the date of
1 December 2004.
13. On 26 September 2005, the National Guard Bureau (NGB) informed the
NCARNG that the NGB does not have the authority to adjust the applicant's
date of rank.
14. The National Guard Bureau provided an advisory opinion, dated 9 June
2006, pertaining to this case. The Chief, Personnel Division stated that
the applicant requested that his major/O-4 date of rank be adjusted from 24
May 2005 to 1 December 2004. The Chief, Personnel Division indicated that
the applicant was assigned to a major position as the Corps Support Group
(CSG) S-4 on 1 December 2004, but the NCARNG Career Management Board did
not act on approving his promotion to major until April 2005.
15. The Chief, Personnel Division stated that the applicant was promoted
to the grade of captain/O-3 effective 20 July 1998, completed the Aviation
Captain Career Course on 10 December 2000, and completed Command and
General Staff College on 18 May 2002.
16. The Chief, Personnel Division stated that on 1 July 2004, HRC-St.
Louis referenced the applicant's eligibility for promotion as a Reserve
Commission Officer not on Active Duty with an effective date of 29 July
2005. The Chief, Personnel Division continued that NCARNG Order Number 021-
813, dated 21 January 2005, transferred the applicant into an S-4 position
effective 1 December 2004 and Department of Crime Control and Public Safety
Orders Number 014-081, dated 21 January 2005, ordered the applicant to
active duty for the period 1 December 2004 to 31 May 2005 to perform AGR
duty as the Corps Support Group S-4.
17. The Chief, Personnel Division stated that, on 21 April 2005, the 30th
Corps Support Group sent a recommendation to higher headquarters to promote
the applicant to the grade of major and that on, 12 May 2005, the NCARNG
published orders promoting him to major effective 10 May 2005. The Chief,
Personnel Division continued that Federal Recognition Special Order Number
161 AR promoted the applicant effective 24 May 2005.
18. The Chief, Personnel Division stated that, on 20 July 2005, the
applicant's unit submitted a request to adjust his date of rank to NGB,
Personnel Policy for approval. The Chief, Personnel Division continued
that on 26 September 2005, Personnel Policy and Readiness Division returned
the request without action stating that the NGB does not have the authority
to adjust the date of rank.
19. The Chief, Personnel Division stated that the NGB Personnel Policy and
Readiness Division indicated that since the applicant's unit did not have
any control grade available at the time he was slotted as the S-4, major
position, on 1 December 2004, it is recommended that the applicant's
request be approved.
20. The Chief, Personnel Division, states that the NGB, Personnel Division
recommended approval of the applicant's request to adjust his promotion
effective date and date of rank from 24 May 2005 to 1 December 2004.
21. The applicant was provided a copy of the advisory opinion for review
and comment. The applicant did not provide a written response to the
advisory opinion.
22. Army Regulation 135-155 states AGR officers selected by a mandatory
board will be promoted provided they are assigned/attached to a position in
the higher grade. An AGR officer who is selected for promotion by a
mandatory promotion board, but who is not assigned/attached to a position
in the higher grade will be promoted on the date of assignment/attachment
to a higher graded
position or the day after release from AGR status. The date of rank will be
the date the officer attained maximum time in grade or the date on which
assigned/attached to a position in the higher grade, whichever is earlier.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his date of rank for major be adjusted from
24 May 2005 to 1 December 2004.
2. Records show that the Department of the Army Reserve Mandatory Board
selected the applicant for promotion to the grade of major on 19 March
2004.
3. Evidence shows that the applicant was placed in a major position and in
an AGR status effective 1 December 2004.
4. Federal Recognition was extended to the applicant for reason of
promotion to the grade of major effective 24 May 2005.
5. Regulation states that an AGR officer who is selected for promotion by
a mandatory promotion board, but who is not assigned/attached to a position
in the higher grade will be promoted on the date of assignment/attachment
to a higher graded position. The date of rank will be the date the officer
was assigned/attached to a position in the higher grade.
6. Record show the applicant was placed in the qualifying major position
in an AGR status on 1 December 2004. As a result, the applicant should
have been promoted to the grade of major and granted permanent Federal
Recognition as a major effective 1 December 2004.
7. Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 161 AR be amended to show the
effective date of permanent Federal Recognition in the grade of major is 1
December 2004 and he should be provided all back pay and allowances as a
result.
BOARD VOTE:
__DED__ __LWR__ __RTD__ 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 the
State Army National Guard records and all Department of the Army records of
the individual concerned be corrected by amending Federal Recognition Order
Number 161 AR, dated 24 May 2005, to show that he was extended Federal
Recognition for promotion to the grade of major effective 1 December 2004
and that he be paid all back pay and allowances due as a result of this
correction.
___Richard T. Dunbar__
CHAIRPERSON
INDEX
|CASE ID |AR20060004651 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2006/12/09 |
|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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