RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 May 2007
      DOCKET NUMBER:  AR20060015080


      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      |
|     |Ms. Judy L. Blanchard             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy       |     |Member               |
|     |Mr. James R. Hastie               |     |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 to Major (MAJ) be
backdated to January 2006 and that he receive the appropriate back pay and
allowances.

2.  The applicant states, in effect, that his original order for promotion
to Major is dated 7 September 2005.  He believes that the promotion packet
was forwarded to the National Guard Bureau (NGB) by the state Military
Personnel Office within 30 days of the Adjutant Generals’ (TAG) approval.
Federal Recognition did not get extended until 29 September 2006.  He
believes that this was an unusually long time period for the issuance of
Federal Recognition orders.

3.  The applicant provides a copy of State Order Number 251-026209, dated
8 September 2006, and Federal Recognition Special Order Number 253AR dated
2 October 2006 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The evidence of records shows the applicant was promoted to Captain on
5 May 2000.  In June 2005, the applicant completed his bachelor degree in
nursing.  On 7 September 2005, proceedings of a Federal Recognition
examining board approved the applicant for promotion to Major based on a
position vacancy promotion.  On 8 September 2005, State Order Number 251-
026 was published promoting the applicant to Major effective 7 September
2005.  (Effective date and date of rank of promotion are not valid until
Federal Recognition has been extended by the Chief of the NGB).

2.  On 28 March 2006, the Human Resource Command (HRC) – St. Louis sent a
memorandum to the applicant in reference to his eligibility for promotion
to Major effective 4 May 2007.  The position vacancy promotion list was
approved by the Secretary of Defense on 29 September 2006.  Federal
Recognition Special Order Number 253AR dated 2 October 2006, was published
promoting the applicant to Major effective 29 September 2006.

3.  A review of the applicant’s available record and the documents that he
submitted in support of his application, found no documents reflecting that
he was ineligible for promotion during the allotted time frame.

4.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Personnel Division, and NGB.  The NGB official
recommended approval of the applicant’s request that his date of rank be
adjusted from 29 September 2006 to 6 January 2006.  There was no evidence
that the applicant was at fault for the original promotion packet being
misplaced at the NGB.  The Oregon Army National Guard (ORARNG) resubmitted
a promotion packet to the NGB on 31 July 2006.  This packet went through
the Federal Recognition process in a timely manner.  However, by this time,
the applicant had lost a considerable amount of time and pay due to
administrative errors.

5.  In accordance with (IAW) the Reserve Officer Personnel Management Act
(ROPMA), the effective date and DOR for an Officer who is promoted under
the position vacancy system will be the date the Chief, NGB extends Federal
Recognition, based on the approved list date from the Secretary of Defense.
 Promotion effective date is not the date of the appointment into the
position, nor is it the date of a State Federal Recognition board.

6.  On 19 March 2007, the applicant was provided a copy of the advisory
opinion in order to have the opportunity to respond.  On 7 May 2007, the
applicant responded indicating that he concurred with the advisory opinion
rendered in his case.

7.  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
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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank and Federal Recognition
date for promotion to the grade of Major should be changed from 29
September 2006 to
6 January 2006 because it was delayed through no fault of his own was
carefully considered and found to have merit.

2.  The evidence shows that the applicant was eligible for promotion to
Major; however, his promotion packet was not forwarded in a timely manner.
Therefore, it is concluded that based on a matter of equity and on the
support for favorable consideration expressed by the NGB, Personnel
Division, the applicant should be granted relief as recommended.  By all
accounts, the applicant was never found not qualified for promotion to
Major.

3.  In view of the circumstances in this case, the applicant is entitled to
an adjustment of rank for Major to 6 January 2006, with entitlement to back
pay and allowances.

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

BOARD VOTE:

___HOF_  __TEO___  ___JRH_  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 of Oregon Army National Guard and Department of the Army records of
the individual concerned be corrected by showing his Major date of rank as
6 January 2006.

      a.  additionally, the Defense Finance and Accounting Service should
audit the applicant's pay records and provide the applicant all pay
allowances due him based on the above correction, and

      b. submitting the applicant’s promotion records to the next available
LTC selection board if he is found to be fully eligible for consideration
for promotion.




                                  _____  Hubert O. Fry_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/05/22                              |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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