RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 January 2008
DOCKET NUMBER: AR20070007171
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. Antoinette Farley
Analyst
The following members, a quorum, were present:
Mr. James E. Vick
Chairperson
Mr. Thomas M. Ray
Member
Mr. Jeffrey C. Redmann
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 captain be corrected to show the effective date of 20 December 2000.
2. The applicant states he is receiving credit for his DOR as a captain based upon his Federal Recognition re-appointment date of 14 December 2005 and not for his prior commissioned service on active duty and with the National Guard. The applicant further states that the Federal Recognition Board did not utilize his application for Federal Recognition when calculating his DOR.
3. The applicant provides a copy of US Army Military Personnel Center Orders 7-146; US Army Military Personnel Center Appointment authorization, dated 25 June 1987; State of North Carolina Department of Crime Control and Public Safety, Office of The Adjutant General, Raleigh, North Carolina Orders 13-45, dated 16 January 1990; US Army Reserve Personnel Command Orders
C-04-009719, dated 30 April 1990; State of North Carolina Department of Crime Control and Public Safety, Office of The Adjutant General, Raleigh, North Carolina Orders 122-8, dated 29 May 1990; National Guard Federal Recognition Orders Number 142 AR, dated 24 July 1990; State of North Carolina Department of Crime Control and Public Safety, Office of The Adjutant General, Raleigh, North Carolina Orders 113-72, dated 24 May 1991; National Guard Federal Recognition Orders Number 85 AR, dated 17 July 1995; NGB Form 22 (Departments of the Army and the Air Force, National Guard Bureau, Report of Separation and Record of Service), dated 1 March 1995; State of North Carolina Department of Crime Control and Public Safety, Office of The Adjutant General, Raleigh, North Carolina Orders 349-871, dated 15 December 2005; NGB Form 337 (Oaths of Office), effective 14 December 2005; National Guard Federal Recognition Orders Number 126 AR, dated 12 May 2006; State of North Carolina Department of Crime Control and Public Safety, Office of The Adjutant General, Raleigh, North Carolina Orders 044-846, dated 13 February 2006; DD Form 214, dated 17 October 2006; and a personal statement in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the North Carolina Army National Guard (NCARNG).
2. Department of the Army, U.S. Total Army Personnel Command, St. Louis, Missouri, memorandum notified the applicant that he was promoted to the rank of captain effective 1 March 1986.
3. Department of the Army, U.S. Army Military Personnel Center, St. Louis, Missouri, memorandum, dated 25 June 1987, notified the applicant that he was appointed as a Reserve Commissioned Officer for an indefinite term.
4. On 13 March 1988, the applicant executed a DA Form 71 (Oath of Office Military Personnel) as a captain in the NCARNG and was granted temporary Federal Recognition.
5. On 16 January 1990, the applicant executed a second NGB Form 337 as a captain in the NCARNG.
6. State of North Carolina, Department of Crime Control and Public Safety, Office of The Adjutant General, Raleigh, North Carolina, Orders 13-45, dated 16 January 1990 appointed the applicant in the Army National Guard in the rank of captain. The applicant was assigned to Headquarters and Headquarters Battery, 1st Battalion of the 113th Field Artillery North Carolina.
7. Department of the Army, U.S. Army Reserve Personnel Center, St. Louis, Missouri Orders C-04-099719, dated 30 April 1990, relieved the applicant from the USAR Control Group (Reinforcement) effective 15 January 1990.
8. State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, North Carolina, Orders 122-8, dated 29 May 1990, show the applicant was transferred from Headquarters and Headquarters Battery, 1st Battalion, 113th Field Artillery, North Carolina to the Inactive National Guard (ING) effective 1 June 1990.
9. National Guard Federal Recognition Orders Number 142 AR, dated 24 July 1990, show the applicant transferred to the Inactive National Guard (ING) effective 1 June 1990.
10. State of North Carolina, Department of Crime Control and Public Safety, Office of The Adjutant General, Raleigh, North Carolina, Orders 113-72, dated 24 May 1991, show the applicant was relieved from the ING and transferred to 2nd Battalion, 120th Infantry, NCARNG (Overstrength), effective 1 June 1991.
11. National Guard Federal Recognition Orders Number 85 AR, dated 17 July 1995, show the applicant transferred from the Inactive National Guard (ING), effective 1 June 1991.
12. The applicant's records show that he was honorably separated from the NCARNG and transferred to the USAR Control Group (Reinforcement), St. Louis, Missouri in the grade of captain on 1 March 1995.
13. On 14 December 2005, the applicant executed a third NGB 337 as a captain in the NCARNG.
14. National Guard Federal Recognition Orders Number 126 AR, dated 12 May 2006, show the applicant received an initial appointment to the grade of captain and was assigned to Headquarters and Headquarters Company, 30th Heavy Brigade, North Carolina, effective 14 December 2005.
15. State of North Carolina, Department of Crime Control and Public Safety, Office of The Adjutant General, Raleigh, North Carolina, Orders 349-871, dated 15 December 2005, show the applicant was appointed in the Army National Guard to the rank of captain effective 14 December 2005.
16. The applicant's record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows he was ordered to active duty in support of Operation Iraqi Freedom on 3 June 2006. He was honorably released from active duty on 17 October 2006, upon completion of his required active service.
17. The National Guard Bureau provided a two-page advisory opinion for review with this case.
18. The Chief of the Personnel Division of the National Guard Bureau recommended that the applicant's date of rank be adjusted to 20 December 2000 based on the fact that the applicant never received credit for the time he served as a captain in the Regular Army and the Army National Guard. It was further recommended that the applicant's initial appointment date remain as 14 December 2005.
19. The applicant was provided a copy of the National Guard Bureau advisory opinion for review and comment. On 1 June 2007, the applicant concurred with the advisory opinion and did not provide any written comments.
20. National Guard Regulation 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions) provides procedures for processing 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.
21. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for promotion of Reserve officers. Paragraph 2-5 of this regulation states that to be
eligible for consideration for promotion to the next higher grade, an ARNGUS or USAR officer must have continuously performed service on either the Reserve Active Status List (RASL) or the Active Duty List (ADL) or a combination of both lists during the 1 year period ending on the convening date of the promotion board and must meet the TIG requirements in tables 2-1 or 2-3, as appropriate.
22. National Guard Regulation 614-1, paragraph 4-6, provides in part that officers may not be considered for promotion for a period of 1 year following the most recent transfer back to an active status as required under National Guard Regulation 614-1, chapter 4, officer personnel.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his date of rank to captain should be adjusted to show the effective date as 20 December 2000.
2. Evidence of record shows that the applicant, while in the Regular Army, was selected for permanent promotion to the grade of captain/pay grade O-3, effective 1 March 1986.
3. Evidence of record shows that the applicant was subsequently transferred to the ING during the period 1 June 1990 through 1 June 1991. The applicant's records also show that he was relieved from the ING and transferred to the NCARNG, effective 1 June 1991.
4. Evidence of record further shows that the applicant was separated from the Army National Guard and transferred to the United States Army Reserve on 1 March 1995, in the grade of captain. The applicant's records show that Human Resources Command, St. Louis, notified him he was not recommended for promotion to Major on 2 June 1995.
5. Evidence of record shows that the applicant was appointed as a captain in the NCARNG, effective 14 December 2005.
6. Based on the foregoing, the applicant's records should be amended to show his date of appointment as a captain in the NCARNG as 14 December 2005, with a date of rank effective 20 December 2000. If this adjustment results in the applicant's eligibility for consideration by a Department of the Army Mandatory Promotion Board, then his records should be considered under the appropriate criteria.
BOARD VOTE:
_JEV____ _TMR __ _JCR____ 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 his date of appointment as a captain in the NCARNG as 14 December 2005, with a date of rank as effective 20 December 2000; and, if entitled, his records be placed before an appropriate Department of the Army Mandatory Promotion Board.
__James E. Vick__
CHAIRPERSON
INDEX
CASE ID
AR20070007171
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.
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