IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20070014064
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his initial Army appointment rank be changed from 1LT (First Lieutenant/O-2) to CPT (Captain/O-3) effective 20 December 2006.
2. The applicant states, in effect, that his Air Force (AF) promotion to CPT was not documented at the effective date of 20 December 2006, and that his Air Force promotion to CPT was prior to his being commissioned a 1LT (first lieutenant) in the Army National Guard (ARNG) on 1 March 2007.
3. In an additional statement, he states that he is requesting an amendment to his Army status to the rank of Captain. Due to an administrative error within the Air Force personnel system, he was not promoted on schedule on 20 December 2006 IAW (in accordance with) AFI (AF Instruction) 36-2504, paragraph 6.4. The Air Force Promotion Eligibility Branch discovered the error and provided a cover letter explaining the situation; an AF Form 973 (Request and Authorization for Change of Administrative Orders); and Reserve Order Number BA - 1911, promoting him to Captain, dated 21 September 2007. His appointment as first lieutenant in the ARNG was effective date 1 March 2007. Upon receipt of notification of his promotion to Captain, he notified his Base Personnel Section and the Officer Recruiting Section, St Augustine, Florida, and was advised that the Review Board was the appropriate means to resolve this issue.
4. The applicant provides a copy of AF Form 973; a copy of his promotion orders to CPT; a copy of NGB Form 337 (Oaths of Office); and a copy of a letter from the Chief, Promotion Eligibility Branch, Reserve of the Air Force, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he was appointed as a first lieutenant in the Florida Army National Guard (FLARNG), with prior commissioned service in the Air Force, with a date of rank (DOR) of 1 March 2007.
2. The applicant provided a copy of Headquarters, Air Reserve Personnel Center Reserve Order BA - 1911, dated 21 September 2007, which promoted him from 1LT/O-2 to CPT/O-3, with an effective date and DOR of 1 October 2007.
3. The applicant provided a copy of a letter from the Chief, Promotion Eligibility Branch, Reserve of the Air Force, Selection Board Secretariat, Headquarters, Air Reserve Personnel Center, dated 2 October 2007. The Chief, Promotion Eligibility Branch, states that after researching the applicant's case, his DOR and promotion effective date were adjusted back to 20 December 2006 based on his active duty promotion selection. The Air Force Personnel Center web site reflected he was selected on the CY05D (Calendar Year 2005) Captains board which was approved on 10 January 2006. Guidance for carrying over an active duty promotion selection to the Air Force Reserve could be found in AFI 36-2504, paragraph 6.4. The attached amendment (AF Form 973, dated 2 October 2007), corrected his DOR and promotion effective date to Captain from 1 October 2007 to 20 December 2006.
4. On 27 March 2008, the FLARNG published Orders 087-031 promoting the applicant to CPT/O-3 with an effective date of 27 March 2008.
5. In an advisory opinion, rendered on 4 April 2008, the Chief, Personnel Division, National Guard Bureau (NGB), reiterated the applicant's request and statement. The NGB recommended approval of the applicant's request and recommended that he receive all back pay and allowances as a result of this adjustment. Their recommendation was based on the promotion order and memorandum of error from the Department of the Air Force. The opinion also elaborated on the regulatory authority that supported its decision.
6. The opinion was forwarded to the applicant for his acknowledgement on 10 April 2008 and he concurred with the opinion on 15 April 2008.
7. Title 10, United States Code, section 14308(f) states that the effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the Army National Guard or the Air National Guard under section 307 or 310 of title 32 shall be the date on which such Federal recognition in that grade is so extended.
DISCUSSION AND CONCLUSIONS:
1. The applicant was selected for promotion to captain, while serving in the Air Force. He was promoted to captain with an effective date and DOR of 1 October 2007. An AF Form 973, dated 2 October 2007, was prepared to amend the applicant's effective date and DOR for promotion to CPT from 1 October 2007 to 20 December 2006.
2. The applicant was appointed as a 1LT in the FLARNG with a DOR and effective date of 1 March 2007.
3. An opinion was provided by the NGB which recommended approval for adjusting the applicant's initial appointment rank from 1LT to CPT, with an effective date of 20 December 2006.
4. The evidence shows the applicant was promoted to CPT, in the FLARNG, with an effective date of 27 March 2008.
5. In view of the circumstances in this case, the applicant is entitled to adjustment to his initial appointment rank in the FLARNG from 1LT to CPT effective 20 December 2006 and entitlement to back pay and allowances from 1 March 2007 to 26 March 2008 in the rank and pay grade of CPT/O-3.
6. In view of the foregoing, the applicants ARNG records and the applicants Department of the Army records should be corrected as recommended below.
BOARD VOTE:
___x____ ____x___ ___x____ 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 the State Army national Guard records and the Department of the Army records of the individual concerned be corrected, as appropriate, by showing he was appointed in the Florida Army National Guard in the rank and pay grade of Captain effective 1 March 2007, with a date of rank of 20 December 2006, with entitlement to all back pay and allowances, from 1 March 2007 to 26 March 2008, in the rank and pay grade of CPT/O-3.
__________x_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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