RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20060014006 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Dean A. Camarella

Member

Mr. Qawiy A. Sabree

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 date for major (MAJ) from 20 October 2006 to 20 November 2005.

2.  The applicant states, in effect, that he was deployed to support OEF (Operation Enduring Freedom) when he was selected for promotion to major.  His eligibility date was 20 November 2005.  His unit was unable to promote him as the paragraph and line number, to which he was assigned, was not his primary MOS (military occupational specialty).  He was unable to resolve this situation while deployed due to the remoteness of his assignment and personnel turnover at the ARPO (Army Reserve Personnel Officer) Branch (G1) which handles these matters in Maryland.  He further states that the new ARPO Branch Chief is knowledgeable about this case and is willing to provide details.  

3.  The applicant provides a copy of orders ordering him to active duty, a copy of separation orders, a copy of an AHRC (Army Human Resources Command) Memorandum, dated 28 June 2005, and a copy of a JFHQ (Joint Forces Headquarters) Memorandum, dated 8 July 2005, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the Maryland Army National Guard (MDARNG), with prior Army National Guard service, as a captain, with a date of rank of 21 November 1998.  He was promoted to major effective 20 October 2006. 

2.  On 30 January 2004, the Director, ARNG, National Guard Bureau (NGB), established promotion policy for mobilized ARNG officers for promotion to the grade of captain through colonel.  This policy applied to all ARNG officers who had been selected for promotion by a mandatory promotion board.  These officers may be promoted immediately when appointed in the State against a position of the higher grade the officer will occupy upon demobilization.  This memorandum did not preclude mobilized officers from voluntarily delaying or declining promotion under the provisions of Army Regulation 135-155.  When a mobilized officer is promoted against a position in the state, the officer must be assigned to the position immediately following demobilization and released from active duty.  If, within 180 days following demobilization, an officer declined or was unwilling or unable to occupy the position against which the officer was promoted, or was unable to occupy any other position of the higher grade for which he/she was qualified, then the officer shall be transferred immediately to the IRR.  Mobilized officers who reach MTIG and have neither delayed nor declined their promotion would be promoted whether or not assigned against a position of the higher grade.

3.  The applicant was ordered to active duty in support of OEF effective 18 March 2005 for a period of 545 days.  

4.  Based on the required completion of 7 years MTIG (Maximum Time in Grade), his promotion eligibility date for MAJ was 20 November 2005.

5.  The AHRC-St. Louis issued an Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty memorandum, dated 28 June 2005, indicating the applicant's selection for promotion to MAJ by the 2005 Reserve Components Selection Board (RCSB) that adjourned on 25 March 2005.  The memorandum advised that the effective date of the promotion would be either of the following dates:  20 November 2005, or the date Federal Recognition was extended in the higher grade; or the date following the date Federal Recognition was terminated in the current Reserve grade.

6.  On 8 July 2005, the JFHQ, MDARNG, published a memorandum informing the applicant of his promotion status.  He was advised that he must reply by endorsement of the course of action he chose to follow by the suspense date indicated, 1 September 2005, or that he would be separated from the MDARNG and transferred to the USAR (United States Army Reserve) (Reinforcement) and be promoted on his eligibility date.  

7.  The applicant was released from active duty effective 8 June 2006 and transferred to a MDARNG unit.

8.  On 7 September 2006, MDARNG Orders 250-07 were published promoting the applicant to MAJ/O-4 effective 7 September 2006.  A handwritten entry was made adjacent to the effective date and the date, 20 October 2006 was entered.  

9.  The National Guard Bureau (NGB) issued special orders number 270 AR, dated 20 October 2006, extending the applicant Federal Recognition and promoting him to MAJ effective 20 October 2006.

10.  In the processing of this case, an advisory opinion was requested of the Chief, Personnel Division, Departments of the Army and Air Force, National Guard Bureau (NGB). 



11.  In an advisory opinion, rendered on 11 May 2007, the Chief, Personnel Division, Departments of the Army and the Air Force, NGB, reiterated the applicant's request and statement.  The NGB stated that the applicant believed that his records were in error, due to his deployment in support of OEF when he was selected for promotion to major.  The NGB elaborated on the sequence of events previously discussed.  The NGB recommended approval of adjusting the applicant's date of rank from 20 October 2006 to 20 November 2005.

12.  The opinion was forwarded to the applicant for his acknowledgement on 17 May 2007 and he concurred with the opinion on 20 May 2007.

13.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve and ARNG officers.  This regulation and ROPMA (Reserve Officer Personnel Management Act) specifies that completion of 7 years MTIG as a captain is required before promotion to MAJ. 

14.  Title 10, United States Code (USC) Section 14304 provides, in pertinent part, that officers shall be placed in the promotion zone for that officer's grade and competitive category, and shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a) of this title, far enough in advance of completing the years of service in grade specified in the following table so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service.  The maximum years of current grade and service in grade are for: 

First Lieutenant,                                                     5 years;
Captain,                                                                 7 years; and
Major,                                                                    7 years.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to adjustment to his date of rank for major to 20 November 2005.

2.  The applicant was selected for promotion to major by the 2005 RCSB with a promotion eligibility date of 20 November 2005.  He was mobilized and had been on active duty since 18 March 2005.  His promotion eligibility date, as announced by the AHRC-St. Louis was 20 November 2005.



3.  In January 2004, the Director, ARNG, NGB, established promotion policy for mobilized ARNG officers that allowed for the promotion of officers who reached their MTIG and had neither delayed nor declined their promotion, whether or not assigned against a position of the higher grade.  The applicant was eligible for promotion to MAJ with a date of rank of 20 November 2005, his MTIG date, under this policy.  

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

BOARD VOTE:

_QS_____  __JCR__  __DC ___  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 and Department of the Army records of the individual concerned be corrected by showing he was promoted to major effective 20 October 2006, with a date of rank of 20 November 2005.




_____Jeffrey C. Redmann_____
          CHAIRPERSON




INDEX

CASE ID
AR20060014006
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070920
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20061204
DISCHARGE AUTHORITY
AR 635-100, paragraph 5/3
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
131
2.

3.

4.

5.

6.