RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 July 2007
	DOCKET NUMBER:  AR20060014460 


	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

Mrs. Victoria A. Donaldson

Analyst


The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Scott W. Faught

Member

Ms. Ernestine L. Fields

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 that his date of rank (DOR) to lieutenant colonel be adjusted to 1 April 2006.

2.  The applicant states, in effect, that, on 1 April 2006, he assumed the position of battalion commander which is a lieutenant colonel position.  The applicant continues that the state promotion orders read 1 April 2006 and that when the Federal Recognition Orders were published that date was not honored. 

3.  The applicant provides Puerto Rico Army National Guard (PRARNG) Orders Number 090-502, dated 31 March 2006; PRARNG Orders Number 242-501, dated 30 August 2006; and National Guard Bureau NGB Federal Recognition Orders Number 238 AR, dated 15 September 2006, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of lieutenant colonel as a member of the PRARNG.

2.  US Army Human Resources Command Memorandum, dated 12 January 2006, shows that the applicant was selected for promotion to the grade of lieutenant colonel by a Department of the Army Mandatory Promotion Board.

3.  PRARNG Orders Number 090-502, dated 31 March 2006, show that the applicant was assigned as the Commander, Headquarters and Headquarters Company, 1st Battalion 295th Infantry Division effective 1 April 2006.  These orders further show that this position was identified as a lieutenant colonel position. 

4.  PRARNG Orders Number 241-501, dated 29 August 2006, show that the applicant was promoted to the grade of lieutenant colonel effective 29 August 2006.  

5.  PRARNG Orders Number 242-501, dated 30 August 2006, show that the applicant was promoted to the grade of lieutenant colonel effective 1 April 2006.  These orders further show that the entry "1 April 2006" was lined-through and a hand-written entry of "15 Sep 06" was entered.

6.  PRARNG Orders Number 242-500, dated 30 August 2006, revoked PRARNG Orders Number 501, dated 30 August 2006.

7.  National Guard Federal Recognition Orders Number 238, dated 15 September 2006, awarded the applicant permanent Federal Recognition for the purpose of promotion to the grade of lieutenant colonel, effective 15 September 2006.

8.  The National Guard Bureau provided a two-page advisory opinion for review with this case.

9.  The Chief of the Personnel Division of the National Guard Bureau recommended that the applicant's date of rank be adjusted to 15 April 2006 based on the fact that the Human Resourced Command (HRC)-Saint Louis Memorandum determined that this was the applicant's promotion eligibility date. 

10.  The applicant was provided a copy of the National Guard Bureau advisory opinion for review and comment.  On 19 July 2006, the applicant concurred with the advisory opinion and elected not to provide written comments.

11.  National Guard Regulation 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal Recognition.  Paragraph 2-1 states that commissioned officers of the ARNG are appointed by the several States under Article 1, Section 8 of the U. S. Constitution.  These appointments may be federally recognized by the Chief, NGB under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation.  Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the Army National Guard of the United States if they have not already accepted such appointment.  

12.  Paragraph 8-1 of National Guard Regulation 600-100 states the promotion of officers in the ARNG is a function of the State.  Paragraph 8-3 states a commissioned officer who has been promoted by the State and extended Federal Recognition in the higher grade in the Reserve of the Army with assignment to the Army National Guard of the United States

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank to lieutenant colonel should be corrected to show the effective date of 1 April 2006.

2.  Notwithstanding the advisory opinion provided by NGB, orders clearly show that it was the intent of the PRARNG officials to promote the applicant on 1 April 2006.  The applicant was selected for promotion to the grade of lieutenant colonel by a Department of the Army Mandatory Promotion Board which was released on 12 January 2006.  The applicant was assigned to a position in the grade of lieutenant colonel on 1 April 2006 and PRARNG orders were promulgated which show that the applicant was promoted to lieutenant colonel effective 1 April 2006.

3.  The National Guard Bureau did not award the applicant permanent Federal Recognition in the rank of lieutenant colonel until 15 September 2006.  There is no evidence in the available documents which shows that the delay in the issuance of permanent Federal Recognition was the fault of the applicant.

4.  As a result, it would be appropriate in this case to amend Federal Recognition Order Number 238, dated 15 September 2006, to show the effective date of promotion to lieutenant colonel as 1 April 2006.

BOARD VOTE:

_ENA_____  _EF___  __SWE__  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 by amending Federal Recognition Order Number 238, dated 15 September 2006, to show the effective date of promotion as a lieutenant colonel as 1 April 2006 and that the applicant be paid all back pay and allowances due as a result of this correction.





___Eric N. Andersen___
          CHAIRPERSON



INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.