RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	    1 May 2007
	DOCKET NUMBER:  AR20070004642 


	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

Mrs. Victoria A. Donaldson

Analyst


The following members, a quorum, were present:


Mr. Paul M. Smith

Chairperson

Mr. David K. Haasenritter

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 that his date of rank (DOR) and Federal Recognition as a lieutenant colonel be corrected to show the effective date 21 August 2006.

2.  The applicant states that his original request for Federal Recognition was submitted to the National Guard Bureau (NGB) with another officer's packet on 26 May 2006.  The other officer's Federal promotion order was published on 26 August 2006 with an effective date of 21 August 2006.  

3.  The applicant contends that after several email transmissions with personnel from the Federal Recognition Section at NGB, it was determined that his promotion packet was received by NGB and then lost.  The applicant continues that a duplicate packet was submitted on 27 October 2006 and that a Federal Order was published on 29 December 2006. 

4.  The applicant provides a memorandum from the Minnesota Army National Guard (MNARNG) Deputy J1, Army Personnel in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Records show that the applicant is currently serving as a lieutenant colonel in the MNARNG.

2.  On 24 May 2006, a Federal Recognition Board was held by the MNARNG to determine if the applicant was qualified to be awarded Federal Recognition for promotion to the grade of lieutenant colonel.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character and general qualifications.  

3.  MNARNG Orders Number 144-1006, dated 24 May 2006, show that the applicant was promoted to lieutenant colonel effective 24 May 2006 with a DOR of 24 May 2006.  These orders further indicate that the effective date of promotion will be the date the permanent Federal Recognition Order was published.

4.  A DA Form 20 (Transmittal Record) shows that the applicant's promotion packet was forwarded to the NGB on 26 May 2006.

5.  National Guard Bureau Federal Recognition Orders Number 150 AR, dated 14 June 2006, awarded the applicant permanent Federal Recognition for branch transfer to Quartermaster in the grade of major, effective 24 May 2006.
6.  National Guard Bureau Federal Recognition Orders Number 329 AR, dated 29 December 2006, awarded the applicant permanent Federal Recognition for promotion to the grade of lieutenant colonel, effective 21 December 2006.

7.  On 21 August 2006, the Secretary of Defense approved the promotion list that the applicant's name should have been among.

8.  The applicant submitted a memorandum from the MNARNG Deputy J1, Army Personnel.  The MNARNG Deputy J1, Army Personnel stated that the applicant's promotion packet with all required documents were forwarded to the NGB, that on 26 October 2006 a tracer was sent to NGB, and that, on 27 October 2006, the Assistant G1 Army Personnel at NGB confirmed that the original promotion packet has been received and logged in but the location of the packet was unknown.

9.  The MNARNG Deputy J1, Army Personnel continued that the applicant's promotion packet was resubmitted to NGB on 27 October 2006 which resulted in the date of promotion being delayed by 5 months.  He concludes that the administrative error was not the fault of the officer concerned.

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

11.  The Chief of the Personnel Division of the National Guard Bureau recommended that the applicant's date of rank be adjusted to 21 August 2006 based on the fact that the applicant's promotion packet was submitted at the same time as another officer from the MNARNG who was promoted to lieutenant colonel effective 21 August 2006 and NGB personnel lost the applicant's promotion packet which resulted in a delay of his promotion.

12.  The applicant was provided a copy of the National Guard Bureau advisory opinion for review and comment.  The applicant did not provide a response to the advisory opinion.

13.  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.  

14.  The Reserve Officer Promotion Management Act states that the effective date and the DOR for an officer who is promoted under the position vacancy system will be the date the Chief, National Guard Bureau 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DOR and permanent Federal Recognition for promotion to the grade of lieutenant colonel was carefully considered and determined to have merit.

2.  MNARNG records show that the applicant met all of the requirements for promotion to the grade lieutenant colonel and a MNARNG Federal Recognition Board determined that the applicant was qualified for promotion to the grade of lieutenant colonel.

3.  MNARNG officials forwarded the applicant's promotion packet to the NGB for award of permanent Federal Recognition of the MNARNG promotion to lieutenant colonel.  The NGB admits that the applicant's packet was lost which resulted in a delay of over 5 months in the processing of the applicant's promotion.

4.  The Secretary of Defense approved the promotion list on 21 August 2006.  Therefore, it would be equitable in this case to amend the applicant's DOR and permanent Federal Recognition to show the effective date 21 August 2006.

BOARD VOTE:

__PMS__  _EEM_ _  __DKH___  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 amending Federal Recognition Order Number 329 AR, dated 29 December 2006 to show that he was extended Federal Recognition for promotion to the grade of lieutenant colonel effective 21 August 2006, his date of rank as 21 August 2006,  and that he be paid all back pay and allowances due as a result of this correction.





_Paul M. Smith_____
          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.