RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2007
	DOCKET NUMBER:  AR20060010310 


	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.



	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 (DOR) to major (MAJ) be adjusted from 23 August 2005 to 2 June 2004 based on the results of a Special Selection Board (SSB).

2.  The applicant states that the 2004 Department of the Army (DA) Reserve Component Selection Board found him not qualified for promotion because he did not complete the education requirements.  Documentation supporting his education was sent to the Board and a SSB selected him for promotion for 2004 and his DOR should be adjusted to reflect the 2004 selection.

3.  The applicant provides a memorandum, dated 16 August 2005, regarding the eligibility for promotion as a Reserve commissioned officer not on active duty.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Army National Guard in the rank of MAJ.

2.  After having had prior enlisted service, the applicant was appointed as a second lieutenant in the New Mexico Army National Guard (NMARNG) on 25 August 1991.  He completed the Air Defense Artillery Officer Basic Course in June 1992.  He was promoted to first lieutenant (1LT) on 24 August 1994.

3.  He was promoted as a Reserve CPT with an effective date of 19 July 1999.  Departments of the Army and the Air Force, National Guard Bureau, Washington, D.C. Special Orders Number 132 AR, dated 16 July 1999, granted him Federal Recognition effective 19 July 1999.

4.  He completed the Air Defense Artillery (Reserve Component) Captain’s Career Course on 4 August 2000.

5.  The applicant transferred from the NMARNG to the Colorado Army National Guard (COARNG) on 9 September 2003.

6.  The applicant’s promotion as a Reserve CPT was corrected on 20 February 2004 to show the promotion was effective 22 March 1998.  Departments of the Army and the Air Force, National Guard Bureau, Washington, D.C. Special Orders Number 39 AR, dated 20 February 2004, amended Special Orders Number 132 AR, dated 16 July 1999, to change the applicant’s effective date of Federal Recognition as a Reserve CPT from “16 July 1999” to “22 March 1998.”

7.  In a 1 July 2004 memorandum, the applicant was notified that he was considered by the 2004 DA Reserve Components Mandatory Selection Board which convened on 2 March 2004 and recessed on 19 March 2004.  He was not selected by the Board because he had not completed the required civilian and/or military education by the day the board convened.  The board results were approved on 4 June 2004.

8.  Based on the required completion of 7 years maximum time in grade (MTIG), the applicant’s promotion eligibility date (PED) for MAJ was 21 March 2005.

9.  A DA Form 4187 (Personnel Action), dated 21 October 2003, shows the applicant was transferred from his duty position as a Commander to a duty position as a Team Leader with an effective date of 1 December 2003.  On 3 April 2007, a staff member of the COARNG informed the Board analyst that the applicant was assigned to a MAJ’s position on 1 December 2003 in duty military occupational specialty (MOS) 40A.  

10.  Item 35 (Record of Assignments) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he was assigned duty MOS 40A as a Team Leader at the COARNG Space Support Battalion, Colorado Springs, Colorado.  

11.  COARNG Element, Joint Force Headquarter Orders 081-054, dated 22 March 2005, transferred the applicant from COARNG Space Support Battalion as a Team Leader to the 217th Space Company as a Space Operations Officer with an effective date of 15 March 2005.

12.  Department of the Army, U.S. Army Human Resources Command, St. Louis (HRC-STL), Missouri forwarded a memorandum, dated 28 June 2005, to the Army National Guard Personnel Center to inform this office that the applicant had been selected for promotion to MAJ under the provisions of Army Regulation 135-155 by a board which convened on 25 March 2005.  The memorandum indicated the PED would be 21 March 2005.

13.  COARNG Element, Joint Force Headquarter (Detachment 1) Orders 
216-018, dated 4 August 2005, transferred the applicant from the 217th Space Company as a Space Operations Officer to the COARNG Space Support Battalion as a Team Leader with an effective date of 4 August 2005.

14.  On 16 August 2005, HRC-STL forwarded a memorandum to the Army National Guard in reference to the eligibility for promotion as a Reserve Commissioned Officer Not on Active Duty.  The memorandum stated the applicant had been selected for promotion to MAJ by a SSB under the 2004 
criteria.  The memorandum also stated that the presidential approval date of the 2004 criteria was 2 June 2004 and this was the earliest promotion effective date to which he was entitled.  

15.  Departments of the Army and the Air Force, National Guard Bureau, Washington, D.C. Special Orders Number 250 AR, dated 23 August 2005, granted the applicant Federal Recognition as a MAJ with an effective date of 23 August 2005.

16.  In the processing of this case, an advisory opinion was obtained from the Personnel Division, National Guard Bureau.  That office recommended that the applicant ‘s DOR be adjusted to 15 March 2005 based on the date he was assigned to a MAJ’s position in accordance with State Order Number 081-054, dated 22 March 2005.  

17.  A copy of the advisory opinion was forwarded to the applicant for comment.  The applicant stated Item 2 and Item 10 on the advisory opinion indicated he was assigned to a MAJ’s position on 15 March 2005 but he was actually assigned to a MAJ’s position on 1 December 2003.  He stated he enclosed a copy of the DA Form 4187, his DA Form 2-1, and the memorandum, dated 22 March 2005, which should verify he was in a Team Leader position effective 1 December 2003.  The final attachment is the battalion unit manning roster which indicates the Team Leader position was an O-4 position.   

18.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve and Army National Guard officers.  This regulation specifies that officers selected by a SSB are eligible for the same DOR that they would have received by the original board in which the error occurred.  It also specifies that promotion may only be effective upon positioning in the higher grade or assignment to the Individual Ready Reserve for promotion on the MTIG date.  

19.  Army Regulation 135-155 also specifies that officers in the grade of CPT may be promoted to MAJ upon completion of 7 years MTIG, selection by a mandatory promotion board, and have met all requirements for promotion.  An officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completes the maximum years of service provided they are assigned to a position in the higher grade.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant’s DOR for CPT was corrected to 22 March 1998 and he was granted Federal Recognition.  
2.  The applicant was considered and not selected for promotion to MAJ by the 2004 Reserve Components Selection Board based on him not completing the required civilian and/or military education.  It appears this was an error.  

3.  The applicant was eligible for promotion to MAJ on 21 March 2005 (his MTIG date for promotion to MAJ) based on completing the required 7 years time in grade and occupying a MAJ’s slot on that date when he was selected for promotion by the board that met in March 2005.

4.  The 16 August 2005 memorandum indicates the applicant was selected for promotion to MAJ by a SSB under the 2004 criteria  with an effective date of 21 March 2005.  However, the earliest possible date he could have been promoted to MAJ was 2 June 2004, the date the 2004 DA Reserve Components Selection Board results were approved. 

5.  The evidence of record as confirmed by the Board analyst with the COARNG on 3 April 2007 shows the applicant was transferred to a MAJ’s position on 1 December 2003.  

6.  Notwithstanding the National Guard Bureau recommendation that the applicant's DOR be adjusted from 23 August 2005 to 15 March 2005 based on Orders 081-054, dated 22 March 2005, it would be equitable to adjust the applicant's DOR to MAJ from 25 August 2005 to 2 June 2004 based on the information received from the COARNG that the applicant was in a MAJ’s position on 2 June 2004, the date this board was approved by the President.

BOARD VOTE:

x______  x______  x______  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 National Guard records and all Department of the Army records of the individual concerned be corrected by showing he was promoted to MAJ with a promotion 

effective date and DOR of 2 June 2004, and that he be granted Federal Recognition as a MAJ effective 2 June 2004.




x__________
          CHAIRPERSON




INDEX

CASE ID
AR20060010310
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070417
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
102.0700
2.

3.

4.

5.

6.