RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2008
DOCKET NUMBER: AR20070012503
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 "Correction of Date of Rank (Lieutenant Colonel) to Promotion Eligibility Date of 19 April 2005."
2. The applicant states "Federal Recognition to the rank of Lieutenant Colonel was not backdated to the Promotion Eligibility Date as stated in AR 135-155."
3. The applicant provides Active Guard Reserve (AGR) active duty orders, dated 8 December 2004; Army Human Resources Command Notification of Eligibility for Promotion, dated 14 December 2004; ARNG mobilization orders, dated
21 July 2006; orders releasing him from Title 10 AGR status, dated 28 August 2006; California Army National Guard (CAARNG) Promotion orders, dated
27 June 2007; National Guard Bureau (NGB) Federal Recognition Orders, dated 23 July 2007; and an extract from Army Regulation 135-155, chapter 4.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed a U.S. Army Reserve (USAR) 2nd lieutenant on 6 August 1981 and subsequently transferred to the California Army National Guard (CAARNG). He was promoted to major in the ARNG on 20 April 1998.
2. National Guard Bureau Orders 343-15, dated 8 December 2004, ordered the applicant to active duty effective 18 February 2005, in an AGR status.
3. A 14 December 2004 United States Army Human Resources Command memorandum notified the applicant he had been selected for promotion to lieutenant colonel (LTC) with an effective date of 19 April 2005 or the date Federal recognition was extended in that grade.
4. National Guard Bureau Orders 109-24, dated 19 April 2005, transferred the applicant, as an AGR major, to the Army National Guard Staff Management Office, Arlington, Virginia.
5. California Army National Guard Orders 202-517, dated 21 July 2006, ordered the applicant to active duty for 25 days in support of Operation Iraqi Freedom.
6. National Guard Bureau Orders 240-30, dated 28 August 2006, released the applicant from his AGR position for the purpose of being mobilized for a period of 545 days in support of Operation Iraqi Freedom.
7. CAARNG Orders 178-1258, dated 27 June 2007 notified the applicant he had been promoted to LTC effective 27 June 2007. It also noted that his promotion in the ARNG would be indicated on the Federal recognition order.
8. National Guard Bureau Special Orders Number 172 extended Federal recognition to the applicant, as a LTC, effective 23 July 2007.
9. In the development of this case an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau. The opinion cited the 17 December 2003 Assistant Secretary of the Army memorandum establishing promotion criteria for promotion of mobilized Reserve component officers and the Director, Army National Guard memorandum, dated 30 January 2004 implementing the policies for ANG officers. Based on the applicant's selection and mobilization dates, it was recommended that the applicant's date of rank be adjusted to 19 April 2005.
10. A copy of the advisory opinion was forwarded to the applicant and he concurred with the recommendation.
11. Title 10, United States Code (USC), sections 14304(b) and 14316(d) states that mobilized Reserve component officers who have been recommended for promotion by a mandatory promotion board and are on an approved promotion list will be promoted without regard to the existence of vacancy or placement against a position in the higher grade when they complete the maximum years of service specified in section 14301(a).
12. The Assistant Secretary of the Army memorandum, dated 17 December 2003, established the promotion policy for mobilized Reserve component officers. It states that a mobilized officer who has been recommended for promotion and is on an approved promotion list may be promoted immediately against a vacant position in a Federally recognized unit.
13. The Director, Army National Guard memorandum, dated 30 January 2004, established the promotion policy for promotion of mobilized National Guard officers. It states that the mobilized officers who reach maximum time in grade and have neither delayed or declined their promotion will be promoted whether or not assigned against a position of higher grade.
14. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), Table 2-1 lists the maximum Time in grade requirements for promotion to LTC as 7 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant was on an approved promotion list at the time he was mobilized and reached his maximum time in grade.
2. Based on the referenced 2003/2004 policy memoranda, the applicant should have been promoted effective 19 April 2005.
3. It is therefore appropriate to correct the records to show the applicant was promoted to lieutenant colonel and received Federal recognition, with a date of rank and an effective date of promotion of 19 April 2005, and is entitled to all rights, benefits, and privileges of the higher grade as of that date.
BOARD VOTE:
__ JLP___ __TSK__ __DWT _ 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 showing that he was promoted to lieutenant colonel and received Federal recognition, with a date of rank and an effective date of promotion of 19 April 2005, and is entitled to all rights, benefits, and privileges of the higher grade as of that date.
_______TSK___________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070012503
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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