RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 September 2007
	DOCKET NUMBER:  AR20070002949 


	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

Mr. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Chester A. Damian

Member

Mr. Edward E. Montgomery

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, that his date of rank (DOR) for promotion to first lieutenant (1LT) be changed from 26 September 2006 to 23 April 2006.

2.  The applicant states, in effect, that he was eligible for promotion 24 months from his initial appointment date of 23 April 2004; however, he was not promoted at that time due to his transfer from the Army National Guard (ARNG) to the U.S. Army Reserve (USAR).  The applicant also states, in effect, that his current DOR removes him from the zone of consideration for promotion to captain (CPT) with other commissioned officers of the same year group.

3.  The applicant provides a copy of his DA Form 71 (Oath of Office - Military Personnel), dated 22 April 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military service records show that he enlisted in the ARNG on 23 February 2002, was ordered to active duty for training on 14 May 2002, and released from active duty on 25 July 2002.

2.  The applicant was ordered to active duty to attend Officer Candidate School (OCS) at Fort Benning, Georgia, on 21 January 2004.  On 22 April 2004, the applicant completed OCS, was declared a graduate, and appointed a Reserve commissioned officer in the grade of 2LT.

3.  The applicant’s military service records contain a copy of Headquarters, Joint Force Headquarters, Tennessee National Guard, Nashville, Tennessee, Orders 348-139, dated 13 December 2004.  These orders show that the applicant was honorably discharged from the ARNG, in the rank of sergeant, effective 30 June 2004.  These orders also show the applicant was appointed as a commissioned officer in the ARNG (Corps of Engineers), in the grade of 2LT, effective 1 July 2004.

4.  The applicant’s military service records contain an NGB Form 337 (Oaths of Office) that shows he was appointed a 2LT in the Tennessee ARNG (TNARNG), and granted temporary Federal recognition in the grade of 2LT, on 1 July 2004.

5.  The applicant’s military service records contain a copy of Headquarters, National Guard Bureau, Washington, DC, Special Orders Number 14 AR, dated 12 January 2005, which announced the extension of Federal recognition in the ARNG of the applicant’s initial appointment in the grade of 2LT, effective 1 July 2004.

6.  The applicant's records contain a DA Form 1059 (Service School Academic Evaluation Report), dated 22 September 2005, which shows he successfully completed the resident Engineer Officer Basic Course on 28 September 2005.

7.  The applicant’s military service records contain a copy of Headquarters, Joint Force Headquarters, Tennessee National Guard, Nashville, Tennessee, Orders 098-811, dated 8 April 2006, as amended by Headquarters, Joint Force Headquarters, Tennessee National Guard, Nashville, Tennessee, Orders
102-812, dated 12 April 2006.  These orders show that the applicant was honorably separated from the ARNG, in the rank of 2LT, effective 12 April 2006, and transferred to the USAR Control Group (Reinforcement), St. Louis, Missouri.

8.  The applicant’s military service records contain a copy of Headquarters, National Guard Bureau, Washington, DC, Special Orders Number 110 AR, dated 28 April 2006, as amended by Headquarters, National Guard Bureau, Washington, DC, Special Orders Number 127 AR, dated 16 May 2006, which announced the withdrawal of the applicant’s federally recognized status in the ARNG and his transfer to the USAR Control Group (Reinforcement), St. Louis, Missouri, in the grade of 2LT, effective 12 April 2006.

9.  In support of his application, the applicant provides a copy of his DA Form 71 (Oath of Office - Military Personnel), which shows that he was appointed as a Reserve commissioned officer in the grade of 2LT on 22 April 2004.

10.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components, U.S. Army Human Resources Command (USA HRC), St. Louis, Missouri.  The advisory official states that the applicant was appointed a 2LT on 22 April 2004 and given a promotion eligibility date (PED) to 1LT of 21 April 2006.   This official also states that the time in grade (TIG) for promotion to 1LT is 2 years.  The advisory opinion states that the applicant was considered by the 2006 Administrative Selection Board that convened on 1 September 2006 and selected for promotion to 1LT, and that the board was approved by the Secretary of the Army on 26 September 2006, which is the earliest date the applicant can be promoted by the Office of Promotions, Reserve Components, USA HRC.   

11.  On 26 June 2007, the applicant was provided a copy of the Chief, Special Actions Branch, Office of Promotions, Reserve Components, USA HRC, advisory opinion in order to have the opportunity to respond to its contents; however, the applicant failed to provide a response.

12.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers, Other Than General Officers), paragraph 2-1, states, in pertinent part, that an officer in the grade of second lieutenant will be considered for promotion without review by a selection board.  The officer's records will be screened to determined eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date the promotion service is completed in compliance with table 2-1 of this regulation.

13.  Table 2-1 (Time in Grade Requirements Commissioned Officers, Other Than Commissioned Warrant Officers) of Army Regulation 135-155 states that the minimum time in grade as a 2LT for promotion to 1LT is 2 years.

14.  Table 2-2 (Military Educational Requirements Commissioned Officers, Other Than Commissioned Warrant Officers Grade) of Army Regulation 135-155 states, in pertinent part, that second lieutenants must complete a resident officer basic course to be eligible for promotion to first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was initially appointed a Reserve commissioned officer, in the grade of 2LT, on 22 April 2004 and that his PED for promotion to 1LT was 21 April 2006.

2.  The evidence of record shows that the applicant was subsequently appointed as a commissioned officer in the ARNG, effective 1 July 2004, and that he met the military educational requirements for promotion to 1LT when he successfully completed the resident Engineer Officer Basic Course on 28 September 2005. The evidence of record also shows that the applicant transferred from the ARNG to the USAR, in the grade of 2LT, effective 12 April 2006, and was considered and selected for promotion to 1LT by the 2006 Administrative Selection Board in September 2006.

3.  A review of the orders effecting the applicant’s transfer reveals that there was administrative error with respect to the applicant’s date of transfer (i.e., 22 April 2004), which required correction (i.e., to 12 April 2006), and that the orders were not amended by Headquarters, National Guard Bureau until 16 May 2006; nearly
1 month after the applicant’s PED to 1LT.  Thus, it is reasonable to conclude that administrative error on the part of ARNG officials contributed, in part, to a delay in the processing of the applicant’s promotion to 1LT by USAR officials.  As a result, the applicant was not administratively considered for promotion to 1LT until September 2006.

4.  In view of the foregoing, it is clear that administrative error contributed to a delay in the consideration and processing of the applicant for promotion to 1LT.  Thus, based on the 22 April 2004 effective date for appointment as a 2LT, the applicant was eligible for promotion to 1LT on 21 April 2006.  In addition, the evidence of record shows the applicant met the military educational requirement (i.e., completion of the resident Engineer Officer Basic Course) for promotion to 1LT prior to 21 April 2006.  Therefore, the applicant is entitled to correction of his records to show he was promoted to 1LT in the USAR, effective and with a DOR of 21 April  2006.

BOARD VOTE:

___RTD_  ___CAD _  __EEM__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the grade of first lieutenant (1LT)/pay grade O-2, effective and with a date of rank of 21 April 2006.

2.  In addition, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment of all back pay (i.e., pay and allowances, less any withholdings and/or deductions) that may be due as a result of this correction.




____Richard T. Dunbar_____
          CHAIRPERSON



INDEX

CASE ID
AR20070002949
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/09/27
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
313.0500.0000
2.

3.

4.

5.

6.