RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060005655 


	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. Gerard W. Schwartz

Acting Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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 her date of rank for captain from 28 March 2006 to 14 September 2005.

2.  The applicant states, in effect, that her promotion packet for captain was forwarded to the National Guard Bureau (NGB) on 14 September 2005 and the NGB took 6 1/2 months to execute a promotion order for her promotion to captain.  She also stated that the state promotion order to captain was on 14 September 2004.  Branch and functional area changes were requested on 10 August 2005 and conducted prior to the state promotion packet.  She never was assigned to the Transportation Corps (TC) branch, her personnel qualification record and branch should have always read Quartermaster (QM) Corps, with functional area of 90A. 

3.  The applicant provides copies of her Personnel Qualification Record, her initial appointment orders; her Certificate of Achievement; her Service School Academic Evaluation Reports (DA Form 1059); her letter of accomplishment; her Designated Area of Concentration (AOC) memorandum; her 2005 NGB From 89 (Proceedings of A Federal Recognition Examining Board (FREB)); her Request for Branch Change memorandum; her reassignment orders; her captain promotions orders; her revocation orders; her branch transfer orders; her 2006 NGB Form 89; her Federal Recognition Orders; her promotion orders; her officer evaluation reports (OER) for the year 2002, 2003, 2004, and 2006; and electronic mail (email) correspondence between the Chief, Deputy Chief of Staff for Personnel, Plans and Actions Branch, Oregon Army National Guard (ORARNG)  and a staff member of the ORARNG, in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that she was appointed in the ORARNG, TC branch, as second lieutenant, effective 12 August 2001.

2.  She was awarded a Certificate of Achievement on 9 August 2002, from Headquarters, 244th QM Battalion.  

3.  She completed the QM Officer Basic Course (QMOBC) effective 15 August 2002.  She was named to the Commandant's List, US Army QM School, as a result of her exemplary academic achievement while attending the QMOBC, Class, 4-2002, from 6 May to 15 August 2002.

4.  On 15 August 2002, she was designated in AOC 92A.  
5.  Her OER for the periods ending 11 August 2002 and 11 August 2003, show her designated specialty was 92A and her principal duty title was transportation platoon leader, in specialty code 88D.

6.  She was promoted to first lieutenant effective 12 August 2003.

7.  Her OER for the period ending 11 July 2004 shows her designated specialty was 92A and her principal duty title was battalion adjutant/S1, in specialty code 90A.

8.  On 7 January 2005, a FERB considered and approved the applicant for Federal Recognition as a captain in the QM branch and authorized promotion in the higher grade.

9.  She completed the Adjutant General Captain's Career Course effective 20 April 2005.

10.  On 10 August 2005, she requested a branch transfer from the TC to the QM Corps branch.  She stated in her request that she had never been a TC officer.  She was a transportation platoon leader, but she attended the QMOBC.

11.  On 13 September 2005, the ORARNG issued Orders Number 256-004 reassigning the applicant from a commander position to a S1 duty position.

12.  On 16 September 2005, the ORARNG issued Orders Number 259-023 promoting the applicant to captain with an effective date and date of rank of 14 September 2005.  The orders stated that the effective date and date of rank of promotion were not valid until Federal Recognition had been extended by the Chief of the NGB.  

13.  On 21 September 2005, the ORARNG issued Orders Number 264-040 revoking Orders Number 259-023.

14.  On 21 September 2005, the ORARNG issued Orders Number 264-041 amending the applicant's promotion to captain with an effective date and date of rank of 27 March 2006.  The orders stated that the effective date and date of rank of promotion were not valid until Federal Recognition had been extended by the Chief of the NGB.  

15.  On 10 January 2006, the ORARNG issued Orders Number 019-024 transferring the applicant from the TC to the QM Corps branch effective 1 September 2005.
16.  On 10 January 2006, a FERB considered and approved the applicant for Federal Recognition as a first lieutenant in the QM branch.

17.  On 27 January 2006, the NGB issued Special Orders Number 28 AR transferring the applicant from the TC to the QM Corps branch with an effective date of 1 September 2005.

18.  On 28 March 2006, the NGB issued Special Orders Number 82 AR extending Federal Recognition and promoting the applicant to captain with an effective date and date of rank of 26 March 2006.

19.  In email correspondence, dated 7 July 2005, a staff member of the ORARNG advised the Chief, Deputy Chief of Staff for Personnel, Plans and Actions Branch, ORARNG, that the memorandum requesting the exception to place the applicant into the commander position as a non-qualified officer still had not been received.

20.  In an advisory opinion, dated 20 October 2006, the Chief, Personnel Division, Departments of the Army and the Air Force, NGB, reiterated the applicant's request and statements.  The NGB official stated that the applicant was appointed in the ORARNG on 12 August 2001, as a second lieutenant, TC.  On 16 September 2002, she was designated area of concentration 92A and was promoted to first lieutenant on 12 August 2003 in the TC.  

21.  The NGB official also stated that upon coordination with the Personnel Division, Federal Recognition Section, the following accounts of events were provided.  In September 2005, a promotion packet to captain based on a position vacancy was received.  The promotion packet was put on hold by the NGB until the State Adjutant General approved the branch transfer from TC to QM.  On 20 January 2006, a branch transfer packet was received and Federal recognition orders were issued on 27 January 2006.  On 17 January 2006, the applicant's name was placed on a promotion list for a position vacancy promotion for the Secretary of Defense's approval.  The list was approved on 27 March 2006, which is the applicant's promotion effective date.  Based on the foregoing, the NGB, Personnel Division recommended the applicant's request be denied due to the applicant was recommended for promotion in September 2005 without the branch transfer approval from the ORARNG and due to all position vacancy promotion effective dates are approved by the Secretary of Defense and cannot be backdated.



22.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal in October 2006.  In the applicant's rebuttal, dated 25 October 2006, she stated that the disapproval recommendation is based on false information.  She never completed or held the TC Branch.  She is QM Branch and exceeded the QMOBC 4-2002 standards on 15 August 2002 (DA Form 1059 enclosed).  The TC Branch confusion may be from a position she held as a second lieutenant, prior to her QM branch completion.  This TC position was a transportation platoon leader with A(-) 141 Support Battalion, 41st SIB (E), Oregon (2001-203 OER enclosed).

23.  The applicant also stated that she received outstanding performance and above center of mass on 4 of 5 of her OERs from second lieutenant to captain (OERs enclosed).  She has exceeded military course standards at QM branch.  She has a master's degree and she continues to rise to the challenge with each position that she holds.  She feels Soldiers should be encouraged and hold assurance in their personnel systems not be penalized for paperwork delays of over 6 months.  

24.  National Guard Regulation 600-100 prescribes the policies and procedures for the appointment, assignment, Federal recognition, and branch transfer of ARNG officers.  Chapter 3, paragraph 3-5 of this regulation provides for FREB action for transfer of ARNG officers in a new branch who have completed a BOC or its equivalent.  Chapter 6 specifies that branch transfer actions will be initiated by or with the consent of the officer concerned.  The action will be acknowledged through channels to the Adjutant General, enclosing evidence of the officer's qualification for the new branch.  

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to an adjustment to her date of rank for captain to 14 September 2005.  She has not shown error, injustice, or inequity for the relief she now requests.

2.  The applicant contends that the NGB took 6 months to execute her promotion orders and she requested a branch change on 10 August 2005.  The evidence shows the applicant was appointed in the ORARNG, TC branch, as a second lieutenant on 12 August 2001.  She was promoted to first lieutenant on 12 August 2003.  She completed the QMOBC in August 2002.  She requested a branch change from the TC to the QM Corps branch on 10 August 2005.  On 14 September 2005, a FREB approved her for promotion to captain in the QM branch based on a position vacancy.  The ORARNG published orders promoting her to captain effective 14 September 2005.  Those orders were revoked on 21 September 2005.  On 10 January 2006, upon receipt of a FREB, orders were issued transferring her to the QM Corps branch with an effective date of 1 September 2005.  The NGB issued Federal Recognition orders promoting her to captain in the QM branch effective 28 March 2006, the date the Secretary of Defense approved the position vacancy promotion list.

3.  As stated in the advisory opinion provided by the NGB, the fact that the applicant's promotion packet was placed on hold until her branch transfer from the TC to QM Corps branch could be approved, did not entitle her to promotion to captain on 14 September 2005.  Those orders were revoked and her position vacancy promotion was never forwarded for approval on that date.  The applicant was not entitled to promotion to captain until she was extended Federal Recognition on an approved position vacancy promotion.  Her name was placed on a promotion list on 17 January 2006 and the list was not approved until 27 March 2006.  There is no indication that her promotion effective date and date of rank for captain was administratively delayed, unjust, or inequitable.  

4.  The applicant also contends in her rebuttal to the advisory opinion that the disapproval was based on false information.  However, the applicant could not be promoted and paid for the higher rank until she had been extended Federal Recognition by the NGB.  Once her branch transfer had been approved, Federal recognition orders were issued, entitling her to promotion based on approval by the Secretary of Defense.

5.  In view of the foregoing, there is no basis for granting the applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JCR___  ___JRH_  ___TMR _  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ____
                CHAIRPERSON




INDEX

CASE ID
AR20060005655
SUFFIX

RECON

DATE BOARDED
2007/03/01
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
131.05
2.

3.

4.

5.

6.



ABCMR Record of Proceedings (cont)                                         AR20060005655


7


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508