RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      9 January 2007
      DOCKET NUMBER:  AR20060005327


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. Scott W. Faught               |     |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 10 March 2006 to
16 May 2005.

2.  The applicant states, in effect, that his date of rank for first
lieutenant is incorrect.  He also states that he was commissioned a second
lieutenant on 16 May 2003 and was promoted to first lieutenant on 10 March
2006.  The requirements for promotion were completed and submitted to the
Maryland Army National Guard (MDARNG) prior to the request for a state
transfer to a Reserve component in Pennsylvania.  It took the MDARNG 9
months (until the end of the fiscal year) to process this transfer and they
stated it would take an additional 6 months to complete his promotion.
This would extend his assignment in the MDARNG and cause further travel
hardship (3 hours one way from home of record).  The MDARNG advised him to
resubmit his promotion packet to the United States Army Reserve (USAR) and
file a DD Form 149 (Application for Correction of Military Record) for a
date of rank correction.

3.  The applicant provides copies of his appointment memorandum, his Oath
of Office, his officer evaluation report for the period ending 16 May 2004,
his Service School Academic Evaluation Report, his transfer request, his
property clearance memorandum, his MDARNG separation orders, and his first
lieutenant promotion orders, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the MDARNG,
as a second lieutenant, effective 16 May 2003.  Based on the required 2
years minimum time in the lower grade, his promotion eligibility date for
first lieutenant was 16 May 2005.

2.  On 15 May 2005, the applicant requested an Inter-State Transfer.  He
stated he would be relocating on or about 31 May 2005.

3.  The applicant was separated from the MDARNG, in the rank of second
lieutenant, effective 5 December 2005 and was transferred to the USAR
Control Group (Individual Ready Reserve).

4.  On 27 March 2006, the Human Resources Command (HRC), St. Louis,
Missouri, issued Orders Number B-03-802458, indicating the applicant's
promotion to first lieutenant with a promotion effective date and date of
rank of 10 March 2006.
5.  In an advisory opinion, dated 16 November 2006, the Chief, Personnel
Division, Departments of the Army and the Air Force, National Guard Bureau
(NGB), reiterated the applicant's requests and contentions.  The NGB
official stated that on 15 May 2003, the MDARNG approved the applicant for
appointment in the ARNG, as a second lieutenant, effective 17 May 2003.
The applicant completed the Military Intelligence Officer Basic Course on 1
December 2004.  The applicant requested a transfer from the MDARNG to the
USAR.  The battalion executive officer approved the request on 12 April
2005.  The State Military Personnel Office (MILPO) published Order Number
334-163, on 30 November 2005, separating the officer from the ARNG and
transferred him to the USAR Control Group effective 5 December 2005, as a
second lieutenant.

6.  The NGB official also stated that the HRC, St. Louis, published
promotion Order Number B-03-802458 to first lieutenant with a promotion
effective date and date of rank of 10 March 2006.  On 16 May 2006, the HRC,
St. Louis, Office of Promotions, issued a memorandum stating that the
request to adjust the applicant's date of rank needed to be forwarded to
the NGB for a decision.  In accordance with the Reserve Officer Personnel
Management (ROPMA), paragraph 2-3, second lieutenants will be considered
for promotion to first lieutenant prior to reaching 24 months of
commissioned service so that they can be promoted timely upon reaching 24
months.

7.  The NGB official further stated that second lieutenants must also be
qualified in all other areas in accordance with National Guard Regulation
600-100.  A second lieutenant found not qualified for promotion at 24
months of commissioned service must be retained for at least 6 months from
the date he/she should have been promoted if found qualified.  However,
during this 6 month period, The Adjutant General of the State concerned may
request in writing that the Chief, NGB, retain the officer for up to an
additional 12 months.  If still not qualified for promotion, the officer
must be separated no later than 18 months from the date the officer was
found not qualified.

8.  The NGB official recommended approval of adjusting the applicant's date
of rank to 16 May 2005, due to the applicant was never found not qualified
for promotion by his battalion commander, and the unit personnel never
submitted his first lieutenant promotion packet to the MDARNG before his
24 months of service in accordance with ROPMA and the National Guard
Regulation 600-100.

9.  The advisory opinion was forwarded to the applicant for acknowledgement
and/or rebuttal on 21 November 2006.  He did not respond.



DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
an adjustment of his promotion effective date and date of rank for first
lieutenant to 16 May 2005, with entitlement to back pay and allowances.

2.  The evidence shows that the applicant was eligible for promotion to
first lieutenant on 16 May 2005; however, his promotion packet was not
forwarded in a timely manner for his promotion upon completion of 24 months
of commissioned service.  By all accounts, the applicant was never found
not qualified for promotion to first lieutenant on that date.

3.  The applicant's promotion was delayed through no fault of his own;
therefore, it is concluded that based on a matter of equity and on the
support for favorable consideration expressed by the NGB, Personnel
Division, the applicant should be granted relief as recommended.

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

BOARD VOTE:

__JLP___  __A ____  ___SWF _ 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 Maryland 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 and date of rank of 16 May 2005,
with entitlement to back pay and allowances based on these adjustments.



                                  __   James E. Anderholm_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060005327                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070109                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.01                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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