RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070013980 


	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:


M

Chairperson

M

Member

M

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 his effective date of his promotion to major (MAJ)/O-4 from 17 April 2007 to 17 April 2006.

2.  The applicant states that his promotion packet for MAJ/O-4 was completed in November 2005 and he received his State promotion orders on 6 March 2006, but did not receive his Federal recognition orders despite numerous inquiries to the National Guard Bureau (NGB).  He further states that upon filing a complaint with the Inspector General (IG), it was determined that his Federal recognition packet was not forwarded to the NGB in a timely manner and he was subsequently extended Federal recognition for promotion to MAJ/O-4 on 17 April 2007.  This administrative oversight resulted in his delayed promotion and impacted his competitiveness for future promotion.  

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  State of Ohio, Adjutant General’s Department, Columbus, Ohio, Orders 073-093, dated 14 March 2006 (Promotion Orders);

	b.  IG Investigative Findings Report, dated 31 July 2007; and  

	c.  National Guard Bureau Special Orders Number 93 AR, dated 19 April 2007, Promotion Orders.  

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service, the applicant was appointed as a commissioned officer in the U.S. Army Reserve on 23 December 1995, in the rank/grade of 2nd lieutenant (2LT)/O-1, Military Police Corps, and executed an oath of office on the same day.  

2.  On 1 March 1996, he applied for Federal recognition in the Ohio Army National Guard (OHARNG) and was subsequently appointed as a 2LT/O-1 in that component and executed an oath of office on 18 March 1996.  He was assigned to the 135th Military Police Company, Brook Park, Ohio.  He completed the Military Police Officer Basic Course, and was promoted to 1st lieutenant (1LT)/O-2 on 12 January 1998 and to CPT/O-3 on 25 September 2001.


3.  On 3 February 2006, a Federal Recognition Board was held by the OHARNG to determine if the applicant was qualified to be awarded Federal recognition for promotion to MAJ/O-4.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

4.  On 14 March 2006, State of Ohio, Adjutant General’s Department, Columbus, Ohio, published Orders 073-093, announcing the applicant’s promotion to MAJ/O-4 effective 6 March 2006.  He was assigned as the Battalion S-3 (a MAJ/O-4 position), 437th Military Police Battalion, Columbus, Ohio.

5.  On 14 March 2006, the Chief, Officer Personnel Branch, OHARNG, submitted the applicant’s promotion packet to the NGB, Arlington, Virginia, for Federal recognition.  Subsequent to this submission, the Chief made several electronic mail (email) inquiries with the NGB, Federal recognition section, regarding the applicant’s promotion orders.  However, there is no record that action was taken to extend the applicant Federal recognition for promotion to MAJ/O-4.

6.  On 14 November 2006, the applicant was reassigned from his position as the Battalion S-3, 437th Military Police Battalion, Columbus, Ohio, to the position of Operations Officer (a MAJ/O-4 position), 583rd Military Police Company, Youngstown, Ohio.

7.  On 6 March 2007, the applicant submitted a request for assistance to the Office of the IG, Washington, D.C., regarding his Federal recognition for promotion to MAJ/O-4.

8.  On 12 March 2007, the Office of the IG determined that the applicant's promotion packet was forwarded to the National Guard Bureau on 14 March 2006 and that it was part of the Presidential Promotion List P06-07, pending staffing by the Army G-1. 

9.  On 19 April 2007, National Guard Bureau published Federal recognition Special Orders Number 93 AR, extending the applicant Federal recognition for promotion to the rank/grade of MAJ/O-4, effective 17 April 2007. 

10.  In an advisory opinion obtained in the processing of this case on 10 March 2008, the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia, recommended approval of adjusting the applicant’s promotion effective date and date of rank to 17 July 2006 and payment of all back pay and allowances as a result of the adjustment.  The Chief further stated that this recommendation is based on the fact that the applicant’s promotion packet was lost between the applicant’s State Military Personnel Office (MILPO) and the National Guard Bureau, Federal recognition section.  His packet was originally submitted under the position vacancy promotion system on 17 April 2006, a process that takes between 90 to 120 days to be approved by the Secretary of Defense.  

11.  The Chief also stated that in accordance with the Reserve Officer Personnel Management Act (ROPMA), the effective date of promotion and date of rank for an officer promoted under the position vacancy promotion system will be the date the Chief, National Guard Bureau extends Federal recognition, based on the approved scroll list from the Secretary of Defense.   Scroll list takes approximately 90 to 120 days to be approved by the Secretary of Defense because it has to be processed through several offices before it is approved by the Secretary of Defense.  

12.  On 17 March 2008, the applicant was provided with a copy of the advisory opinion for comments and/or rebuttal.  He concurred with the opinion on 24 March 2008.

13.  National Guard Regulation 600-100 (Commissioned Officers--Federal Recognition and Related Personnel Actions) prescribes policies and procedures governing the appointment, assignment, temporary Federal recognition, reassignment, transfers between States, promotions, branch transfers. attachments and separations of commissioned officers of the Army National Guard.  Chapter 8 of this regulation prescribes promotion policy and criteria.  It states, in pertinent part, that promotion of commissioned officers in the ARNG is a function of the State.  A commissioned officer promoted by State authorities has a State status in the higher grade under which to function.  However, to be extended Federal recognition in the higher grade, the officer must have satisfied the requirements.  The effective date of promotion of an ARNG commissioned officer who is promoted in the State is the date the Chief, National Guard Bureau extends Federal recognition.  The date of rank as a Reserve of the Army is determined by the commissioned officer's duty status, type of selection, board which selected the officer, and delay status (if applicable).  The date of rank as a Reserve of the Army for an ARNG commissioned officer who is promoted as a result of Federal recognition board selection is the date Federal recognition is extended in the higher grade.  

14.  To be considered for Federal recognition and subsequent Reserve of the Army promotion following State promotion to fill a vacancy, an ARNG commissioned officer must be and remain in an active status until federal recognition in the higher grade is extended, be medically fit, meets the height and weight standards, have completed the minimum years time in grade, have completed the minimum military and civilian education requirements, and have passed the Army physical fitness test.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his effective date of promotion to MAJ/O-4 from 17 April 2007 to 17 April 2006.

2.  The applicant was selected for promotion to MAJ/O-4 by the OHARNG for a valid MAJ/O-4 vacancy.  He was issued a State promotion order and his promotion packet was forwarded on 14 March 2006 through the Adjutant General of the State of Ohio for endorsement to the NGB for extension of Federal recognition for promotion to MAJ/O-4.  

3.  For unknown reasons, there was no action taken by the NGB upon receipt of the promotion packet on 17 April 2006 until an inquiry was made by the Office of the IG.  Subsequent to the IG's inquiry, the applicant was extended Federal recognition for promotion on 19 April 2007 with an effective date of 17 April 2007.

4.  It appears that the applicant's Federal recognition was delayed through no fault of his own.  As such, he is entitled to have his Federal recognition orders amended to show the effective date of Federal recognition in the grade of MAJ/O-4 as 17 July 2006, the date his promotion packet was processed by the NGB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__tsk___  __jlp___  __dwt___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 93 AR, dated 19 April 2007 to show that he was extended Federal recognition effective 17 July 2006 in the grade of MAJ/O-4, and

	b.  payment of back pay and allowances based on the corrected effective date of promotion to MAJ/O-4.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the effective date of his promotion to major (MAJ)/O-4 from 17 April 2007 to 17 April 2006.




							TSK
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070013980



6


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508