RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 30 October 2007
DOCKET NUMBER: AR20070005999
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. Loretta D. Gulley | |Analyst |
The following members, a quorum, were present:
| |Ms. Carmen Duncan | |Chairperson |
| |Mr. Chester A. Damian | |Member |
| |Mr. Ronald D. Gant | |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 Federal Recognition date of rank to
Major (MAJ) be adjusted.
2. The applicant states, in effect, that his date of rank to MAJ was
delayed due to his unit erroneously stating that his records were lost
thereby delaying his promotion for almost 2 years.
3. The applicant provides a copy of National Guard Bureau Federal
Recognition Orders Number 21AR, dated 25 January 2005, and a memorandum
from Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri,
dated 23 March 2003 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The evidence of records shows the applicant was promoted to MAJ in the
New York Army National Guard (NYARNG) on 25 January 2003.
2. The Office of the Adjutant General, State of New York, Latham, New
York, Orders Number 192-001, dated 30 September 1996, shows that the
applicant was promoted to the grade of captain effective 27 September 1996
with the date of rank of 27 September 1996.
3. The National Guard Bureau Federal Recognition Orders Number 21 AR,
dated 25 January 2005, show the applicant was awarded permanent Federal
Recognition as a MAJ in the NYARNG effective 25 January 2005.
4. The NGB provided a comprehensive advisory opinion for review with this
application.
5. In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Personnel Division, National Guard Bureau,
Arlington, Virginia. This official recommended that the applicant’s date
of rank be adjusted to 26 September 2003, because his Department of the
Army Selection Memorandum shows his effective date as 26 September 2003;
that is when the officer reached the maximum time in grade. The opinion
also stated that the applicant was slotted in a MAJ position effective 1
December 2002.
6. On 28 August 2007, the applicant was provided a copy of the advisory
opinion in order to have the opportunity to respond. The applicant did not
respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his Federal Recognition date for promotion
to the grade of MAJ should be changed from 25 January 2005 to 26 September
2003 was found to have merit.
2. Records show that the applicant was selected by the 2003 DA Mandatory
Board for Promotion to the Grade of Major. Based on the fact that the
applicant was appointed on 27 September 1996, as an AMEDD captain with a
date of rank of 27 September 1996, his PED for major is 26 September 2003.
3. Based on the fact that the ARNG has a current policy in effect which
does not require that AMEDD officers be assigned to a higher graded
position for promotion, the applicant should have been promoted to major on
26 September 2003 with a date of rank of 26 September 2003.
4. Therefore, based on applicable laws and regulations, the applicant is
entitled to have Federal Recognition Order Number 21 AR, dated 25 January
2005, amended to show the effective date of Permanent Federal Recognition
for promotion to the grade of MAJ was 26 September 2003.
BOARD VOTE:
__CD ___ ___CAD_ ___RDG_ 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:
a. amending Federal Recognition Order Number 21 AR, dated
26 January 2005, to show the effective date of promotion as 24 March 2003
and the date of rank of 24 September 2003 for promotion to the grade of
MAJ; and
b. additionally, the Defense Finance and Accounting Service should
audit the applicant's pay records and provide the applicant all pay and
allowances due him based on the above correction.
____ Carmen Duncan _____
CHAIRPERSON
INDEX
|CASE ID |AR20070005999 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |2007/10/30 |
|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. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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