RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 March 2008
      DOCKET NUMBER:  AR20070008248


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |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 first lieutenant (1LT)
promotion effective date, date of rank and Federal Recognition date be
changed from 30 to 3 April 2007; and that he be provided all back pay and
allowances due as a result.

2.  The applicant states, in effect, that due to no error of his own, his
1LT promotion date was erroneously input and annotated on his Federal
Recognition packet as 30 instead of 3 April 2007, and this inadvertent
error resulted in his losing $700.00 in military pay during his deployment
to Iraq.

3.  The applicant provides the following documents in support of his
application:  ABCMR Record of Proceedings, dated 7 December 2006; Texas
Army National Guard (TXARNG) First Lieutenant (1LT) Promotion Orders, dated
5 March 2007; and TXARNG Amendment to 1LT Promotion Orders, dated 6 March
2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he was initially appointed a 2LT in the
Arkansas ARNG and granted Federal Recognition in that grade on 5 December
2005, and that as result of a decision of this Board on 7 December 2006,
the effective date of his appointment and Federal Recognition was later
changed to 3 April 2005.

2.  While serving as a member of the TXARNG as a 2LT, the applicant was
ordered to active duty in support of Operation Iraqi Freedom and entered
active duty on 1 June 2006.

3.  TXARNG Orders Number 064-1001, dated 5 March 2007, authorized the
applicant's promotion to 1LT, effective 30 April 2005.  These orders were
amended by TXARNG Orders Number 065-1028, dated 6 March 2007, which changed
the effective date of promotion to 3 April 2007.

4.  On 27 April 2007, National Guard Bureau (NGB) Special Orders Number
101 AR, granted the applicant Federal Recognition as a 1LT, effective 30
April 2007.

5.  On 29 July 2007, the applicant was honorably released from active duty
and returned to his TXARNG unit, in the rank of 1LT, after completing 1
year,
1 month, and 22 days of active military service.  The separation document
(DD Form 214) he was issued at the time shows his 1LT date of rank was
30 April 2007.
6.  In connection with the processing of this case, an advisory opinion was
obtained from the NGB Chief, Personnel Division.  This official recommends
the applicant's 1LT promotion effective date and date of rank be adjusted
from
30 April to 3 April 2007, and that he be provided all back pay and
allowances due as a result.  She further states that the State failed to
provide the amendment to the applicant's 1LT promotion orders that changed
the effective date to 3 April 2007, in order for the Federal Recognition
orders to be corrected.

7.  On 9 January 2007, the applicant was provided a copy of the NGB
advisory opinion in order to have the opportunity to respond to its
contents.  To date, the applicant has failed to reply.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the effective date, date of rank, and
Federal Recognition date of his promotion to 1LT should be changed from 30
to 3 April 2007, was carefully considered and found to have merit.

2.  As evidenced by the State orders amending the effective date of the
applicant's promotion to 3 April 2007, and the recommendation that the
relief requested by the applicant be granted contained in the NGB advisory
opinion, it is clear the applicant's 1LT promotion effective date, date of
rank and Federal Recognition date were erroneously established as 30 April
2007, due to an administrative error.  Therefore, it would be appropriate
and serve the interest of justice to correct the applicant's record to show
his 1LT promotion effective date, date of rank and Federal Recognition date
were established as 3 April 2007, vice 30 April 2007, as is currently
recorded.

3.  Further, Item 12f (Effective Date of Pay Grade) on the applicant's 29
July 2007 DD Form 214 should be corrected by deleting the current entry and
replacing it with the entry "2007  04  03".

4.  In addition, the applicant should be provided all back pay and
allowances due as a result of the correction of his 1LT promotion effective
date to 3 April 2007, to include any adjustment due to his active duty pay
entitlement for the period in question.

BOARD VOTE:

___SLP _  __YM     _  __EEM _  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.  changing his 1LT promotion effective date, date of rank, and
Federal Recognition date to 3 April 2007; and

      b.  amending Item 12f of his 29 July 2007 DD Form 214 by deleting the
current entry and replacing it with the entry "2007  04  03"; and

      c.  providing him all back pay and allowances due as a result, to
include active duty pay for the period in question.




                                  _____Shirley L. Powell _______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070008248                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/03/DD                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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