RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 March 2007
DOCKET NUMBER: AR20060008312
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 |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Ms. Kathleen A. Newman | |Chairperson |
| |Mr. David K. Hassenritter | |Member |
| |Ms. LaVerne M. Douglas | |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, that his date of rank (DOR) be
changed from 11 July 2005 to 15 October 2004.
2. The applicant states, in effect, that due to an administrative
oversight at his major command, his promotion packet was not submitted at
the time he reached the time in grade (TIG) requirement of 24 months. He
claims the request for orders (RFO) date reflects the month his promotion
packet was created and submitted originally at the unit. He claims that he
is scheduled to be mobilized and if this does not happen he will probably
command the rear detachment. In either case he will be occupying a captain
position. He states that if his request is approved, it will allow him to
be promoted to captain by October 2006.
3. The applicant provides Federal Recognition Orders (NGB Form 0122E),
dated 3 August 2005, and RFO, dated 27 October 2004.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he was appointed a second lieutenant in
the Puerto Rico Army National Guard (PRARNG) on 24 August 2002.
2. On 3 September 2004, the Deputy Chief of Staff, Personnel of the PRARNG
notified the applicant that he was eligible for promotion to 1LT under the
provisions of Paragraph 3-6(e), National Guard Regulation (NGR) 600-100.
3. On 27 October 2004, a RFO prepared by the applicant's unit commander
requested orders authorizing the applicant's promotion to 1LT under the
provisions of Paragraph 3-6(e), NGR 600-100, effective 11 July 2005.
4. PRARNG Orders Number 139-17, dated 20 July 2005, authorized the
applicant's promotion to 1LT, effective 11 July 2005.
5. A NGB Form 0122E, dated 3 August 2005, granted the applicant Federal
Recognition to 1LT, effective 11 July 2005.
6. In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Personnel Division, NGB. This official recommends
the applicant's request be approved, and that his unit prepare a promotion
packet for the captain Army Promotion List (APL) board to be held at Human
Resources Command, St. Louis (HRC-St. Louis) on 6 November 2007.
7. The HRC-St. Louis, Chief, Personnel Division, also states that in
accordance with the Reserve Officer Personnel Management Act (ROPMA),
second lieutenants will be considered for promotion to 1LT in sufficient
time to be promoted by the time they reach 24 months of commissioned
officer service if they are qualified in all areas. He concludes that
there is no indication that the applicant was not qualified for promotion
when he attained 24 months of commissioned officer service.
8. On 19 February 2007, the applicant concurred with the NGB advisory
opinion.
9. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers Other Than General Officers) prescribes policy and procedures used
for selecting and promoting commissioned officers (other than commissioned
warrant officers) of the ARNG and of commissioned and warrant officers (WO)
of the United States Army Reserve (USAR). Chapter 2 outlines promotion
eligibility and qualification requirements. Paragraph 2-1 states, in
pertinent part, that an officer in the grade of second lieutenant will be
considered for promotion without review by a selection board. The
officer's records will be screened to determined eligibility for promotion
to the next higher grade far enough in advance to permit promotion on the
date the promotion service is completed in compliance with table 2-1 or
table 2-3 of this regulation. Table 2-1 states that the minimum time in
grade as a second lieutenant for promotion to first lieutenant is 2 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DOR to 1LT was incorrect due to an
administrative error was carefully considered and found to have merit.
2. By law and regulation, Reserve officers are required to be considered
for promotion to 1LT in sufficient time to be promoted prior to reaching 24
months of commissioned service if otherwise qualified.
3. The evidence of record confirms the applicant was commissioned a 2LT on
24 August 2002, and NGB notified him that he was eligible for promotion and
a promotion packet should be submitted in a memorandum, dated 2 September
2004.
4. As evidenced by the NGB advisory opinion, it appears that the applicant
became fully eligible for promotion on 15 October 2004. Therefore, it
would be appropriate to correct the applicant's DOR to 15 October 2004, as
he requested and as supported by the NGB, and to submit his promotion
packet for captain in sufficient time for him to be considered by the 2007
captain APL board in November 2007.
BOARD VOTE:
__KAN__ __DKH__ __LMD __ 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
Department of the Army records of the individual concerned be corrected by
showing his first lieutenant date of rank as 15 October 2004, and by
submitting a promotion packet on him that will allow him to be considered
for promotion to captain by the 2007 Army Promotion List board in November
2007.
_____Kathleen A. Newman____
CHAIRPERSON
INDEX
|CASE ID |AR20060008312 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2007/03/20 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |Grant |
|REVIEW AUTHORITY |Mr. Schwartz |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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