RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2008
	DOCKET NUMBER:  AR20070011814 


	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. Michael J. Fowler

Analyst


The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Chester A. Damian

Member

Ms. Qawiy A. Sabree

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, an adjustment to her promotion effective date of rank for First Lieutenant (1LT) from 15 February 2006 to 30 August 2005. 

2.  The applicant states, in effect, that she was informed that she was not eligible for promotion due to the fact that she had just given birth to twins and had to wait 
6 months for a doctor to clear her for duty.  She also states that there was a change in command and her unit had just returned from Iraq, so when she was deemed to be eligible she was unable to find and locate her former commander for an Officer Evaluation Report (OER), which delayed her promotion another 
2 months.  The applicant states otherwise she met all promotion requirements as of 30 August 2005.

3.  The applicant provides a National Guard Bureau (NGB) Form 
89 (Proceedings of a Federal Recognition Board), dated 8 January 2002; Arkansas Army National Guard (ARARNG) Orders 191-005, dated 10 July 2003; NGB Federal Recognition Orders Number 229 AR, dated 9 September 2003; a DA Form 1059 (Service School Academic Evaluation Report), dated 23 July 2004; a DA Form 705 (Army Physical Fitness Test Scorecard); a DA Form 
7349 (Initial Medical Review – Annual Medical Certificate), dated 22 August 2005; ARARNG Orders 094-807, dated 4 April 2006; NGB Federal Recognition Orders Number 93 AR, dated 10 April 2006; and a memorandum from the Deputy Chief of Staff, Personnel, ARARNG, dated 8 August 2007.

CONSIDERATION OF EVIDENCE:

1.  On 30 August 2003, the applicant was appointed as a Reserve Commissioned Officer of the Army in the rank of Second Lieutenant (2LT)/O-1.

2.  NGB Federal Recognition Orders Number 229 AR, dated 9 September 2003, show that the applicant was awarded permanent Federal recognition for initial appointment as a 2LT in the ARARNG effective 30 August 2003.  

3.  A DA Form 7349, dated 22 August 2005, shows that the applicant was fit to return to duty with no restrictions after her pregnancy.

4.  ARARNG Orders, dated 4 April 2006, shows that the applicant was promoted to the rank and pay grade of 1LT/O-2 with an effective date and date of rank of
30 August 2005.

5.  A memorandum, dated 10 April 2006, shows that she was promoted as a Reserve Commissioned Officer of the Army in the rank of 1LT for service in the ARNG with an effective date and date of rank of 15 February 2006.

6.  NGB Federal Recognition Orders Number 93 AR, dated 10 April 2006, show that the applicant was awarded Federal recognition as a 1LT in the ARNG effective 15 February 2006.

7.  A memorandum from the Deputy Chief of Staff, Personnel, ARARNG, dated 
8 August 2007, stated, in effect, that the applicant was initially appointed on 
30 August 2003 upon completion of Officer Candidate School.  Due to no fault of her own, her promotion packet was not sent to the NGB for promotion to 1LT until April 2006, causing her to fall behind her peers.  The recommendation was that the applicant's promotion to 1LT be adjusted to 30 August 2005.  The office also stated that the applicant met all requirements to be promoted to 1LT at the time of eligibility on 30 August 2005.

8.  An advisory opinion was obtained from the Chief of the Personnel Division of the NGB.  The Chief of the Personnel Division recommended approval of the applicant's request for an adjustment of her effective date and date of rank as a 1LT to 30 August 2005 with entitlement to back pay and allowances as a result of the adjustment.  The applicant was provided a copy of the advisory opinion for review and comment.  The applicant concurred with the advisory opinion.

9.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve Component officers.  The regulation specifies an officer in the grade 2LT or a USAR warrant officer in the grade of WO1 will be considered for promotion without review by a selection board.  The officer’s records will be screened to determine eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date promotion service is completed.

10.  Army Regulation 135-155 also specifies that each Ready Reserve officer is required to undergo a medical examination at least once every 5 years.  A partial or temporary physical disability resulting from a disease, wound, or injury will not disqualify an officer for promotion.

11.  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 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.  

12.  National Guard Regulation 600-100, paragraph 2-2 states the effective date of Federal Recognition for original appointment is that date on which the commissioned officer executes the oath of office in the State.  Paragraph 2-3a states temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status. 

13.  National Guard Regulation 600-100, paragraph 2-13 states temporary Federal Recognition may be extended to an officer who has been appointed in the ARNG of a State and found to be qualified by a Federal Recognition Board pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army.  If not sooner withdrawn or replaced by the granting of permanent Federal Recognition, temporary Federal Recognition will automatically terminate six months after the effective date of State appointment.  However, should the initial period of temporary Federal Recognition expire due to administrative processing delays, through no fault of the member, a subsequent Federal Recognition Board should be convened to consider the request again and grant another new period of temporary Federal Recognition if warranted.

14.  National Guard Regulation 600-100, paragraph 10-15b states temporary Federal Recognition may be granted by a Federal Recognition Board to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a State order for assignment to a position vacancy in a federally recognized unit of the ARNG.  The Federal Recognition Board will forward the application and allied documents to The Adjutant General.  When the member is favorably recommended, The Adjutant General will endorse the packet to the NGB.  If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the grade and branch in which the member is qualified.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was eligible for promotion to 1LT on 
30 August 2005; however, her promotion packet was not forwarded in a timely manner for her promotion upon completion of 24 months of commissioned service.  By all accounts, the applicant was never found not qualified for promotion to 1LT on that date.  
2.  The applicant's promotion was delayed through no fault of her own; therefore, it is concluded that based on a matter of equity and on the support for favorable consideration expressed by the NGB, Personnel Division, the applicant should be granted relief as recommended.

3.  In view of the circumstances in this case, the applicant is entitled to an adjustment of her promotion effective date and date of rank for 1LT to 30 August 2005, with entitlement to back pay and allowances.

BOARD VOTE:

__JTM __  __CAD __  __QAS__  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.  showing she was promoted as a Reserve Commissioned Officer of the Army to the rank of 1LT with an effective date and date of rank of 30 August 2005;

	b.  amending Federal Recognition Special Orders Number 93 AR, dated 10 April 2006, to show she was granted Federal Recognition as a 1LT effective 
30 August 2005; and 

	b.  paying her any back pay and allowances due as a result of these corrections.




___John T. Meixell          __
          CHAIRPERSON