RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 June 2007
	DOCKET NUMBER:  AR20060012725 


	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 records be corrected by adjusting his date of rank (DOR) to second lieutenant to 18 August 2003.  Additionally, he requests that his DOR to first lieutenant be adjusted to 18 August 2005.

2.  The applicant states that he transferred from the Iowa National Guard to the Oregon National Guard as a first lieutenant vice second lieutenant.  However, the orders transferring him to the Oregon National Guard in the rank of first lieutenant were later amended changing his rank to second lieutenant.  The applicant maintains that the error in his transfer orders affected his Federal recognition promotion orders.    

3.  The applicant provides several orders, e-mail correspondence, NGB Form 337 (Oath of Office), DA Form 4187 (Personnel Action), DA Form 1059 (Service School Evaluation Report), DA Form 71 (Oath of Office), memorandum, Personnel Qualification Record (PQR), NGB Form 89 (Proceedings of a Federal Recognition Examining Board), and a diploma.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve Commissioned Officer in the grade of second lieutenant in the Iowa Army National Guard on 18 August 2003.  He was promoted to first lieutenant on 10 April 2006.  The applicant is currently serving on active duty with the Oregon National Guard in support of Iraqi Freedom.  

2.  Orders 226-105 dated 14 August 2003 shows that the applicant was appointed as a second lieutenant in the Army National Guard and assigned to Company A, 334th Support Battalion, Davenport Iowa.  The orders also show that the applicant’s basic branch was Transportation Corps and he was assigned as platoon leader.  

3.  The National Guard Bureau Form 89 dated 16 May 2003 and NGB Form 337 dated 18 August 2003 show that the applicant was recommended and approved for temporary Federal recognition effective 18 August 2003. 

4.  The diploma from the Iowa National Guard, 185th Regiment, Iowa Regional Training Institute, shows that the applicant successfully graduated from Officer Candidate School on 17 August 2003.

5.  Special Orders 220 AR dated 28 August 2003 shows that the applicant was extended Federal recognition in the Army National Guard.  The effective date was listed as 18 August 2003.

6.  The applicant’s DA Form 1059 shows that he successfully completed Transportation Officer Basic Course.  The duration of the course was listed from 19 July 2004 to 19 November 2004.

7.  Memorandum from the Deputy Chief of Staff for Personnel, Iowa National Guard, dated 9 July 2005, shows that the applicant was authorized 90 days conditional release in which to locate and join an Army National Guard unit in another state.   

8.  National Guard Bureau Form 337 shows that on 7 November 2005, the applicant was appointed in the Oregon National Guard in the rank of second lieutenant.  Orders 321-005 dated 16 November 2005 verifies this information.  This order is a "Corrected Copy" and shows the applicant’s grade of rank at the time of appointment was a second lieutenant/01.  The applicant has circled the grade of rank to show that his grade of rank was corrected from the original order. 

9.  Special Orders 345 AR dated 9 December 2005 shows that the applicant was extended Federal recognition in the Army National Guard.  The effective date was listed as 7 November 2005.  His rank was listed as first lieutenant.

10.  Orders 101-035 dated 11 April 2006 shows that the applicant was promoted to the rank of captain in the Oregon National Guard.  The effective date of promotion to captain and his date of rank were listed as 5 April 2006.  The order stated that the effective date and date of rank of promotion were not valid until Federal recognition has been extended by the Chief of National Guard Bureau.  

11.  Special Orders 140 AR dated 1 June 2006 shows that the applicant was extended Federal recognition in the Army National Guard.  The effective date was listed as 10 April 2006.  His rank was listed as first lieutenant.

12.  E-mail correspondence dated January 2006 from Officer Personnel Manager stated that the applicant was sent to the Oregon National Guard with incorrect information; he was not promoted to first lieutenant as indicated on the message. 

13.  Orders 109-059 dated 19 April 2006 shows that the applicant was promoted to the rank of first lieutenant effective 10 April 2006.

14.  In the processing of this case an advisory opinion was obtained from the Chief Personnel Division, National Guard Bureau (NGB), Arlington, Virginia.  The Chief, NGB recommended that the applicant’s DOR to first lieutenant be adjusted from 10 April 2006 to 18 August 2005.  However, he recommended that the applicant’s DOR to second lieutenant remain unchanged.  The Chief, NGB explained that the applicant’s records reflect that he was initially appointed to second lieutenant on 18 August 2003 per Federal recognition special order number 220 AR.  Therefore, no action needs to be taken to adjust initial appointment.

15.  The Chief NGB stated that the applicant signed an oath of office with the Oregon National Guard and was subsequently assigned effective 7 November 2005 as a first lieutenant.  Federal recognition special order number 345 AR was issued transferring him to the Oregon National Guard as a first lieutenant.  He said that e-mail traffic between the applicant and the Military Personnel Office (MILPO) verified that the MILPO tried to correct the applicant’s order transferring him to Oregon National Guard as a second lieutenant and not as a first lieutenant.  The applicant was promoted to first lieutenant effective 10 April 2006.

16.  Additionally, the Chief NGB said that the Reserve Officer Personnel Management Act (ROPMA) states that a second lieutenant will be considered for promotion to first lieutenant prior to reaching 24 months of commissioned service if qualified for promotion in accordance the National Guard Regulation.  The Chief NGB stated that there was no negative personnel action on the applicant’s records that would preclude him from promotion.  As a result, he met all the requirements for promotion to first lieutenant on 18 August 2005. 

17.  On 10 April 2007, the advisory opinion was forwarded to the applicant for his acknowledgement and/or rebuttal.  No response was received.

18.  Army Regulation 135-155, prescribed the policies and procedures for the promotion of Reserve and ARNG officers.  This regulation specifies that a second lieutenant serves a maximum of 2 years of service in grade before promotion to first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested correction of his records to show his DOR to second lieutenant as 18 August 2003.  The applicant’s initial appointment date is listed as 18 August 2003.  Therefore, no adjustment is required.

2.  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 18 August 2005, with entitlement to back pay and allowances based on this adjustment. 

3.  The evidence of record shows that the applicant was entitled to promotion to first lieutenant upon completion of 24 months of commissioned service.  As specified in the advisory opinion, there was no negative personnel action on the applicant’s records that precluded him from being promoted to first lieutenant as of 18 August 2005.

BOARD VOTE:

__LS    __  __JS____  __CD___  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 the applicant was promoted to first lieutenant with a promotion effective date and date of rank of 18 August 2005, with entitlement to back pay and allowances based on this adjustment. 




____   Linda Simmons_________
          CHAIRPERSON




INDEX

CASE ID
AR20060012725
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070605
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
131.00
2.

3.

4.

5.

6.