RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 March 2008
DOCKET NUMBER: AR20070014608
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
Ms. Deyon D. Battle
Analyst
The following members, a quorum, were present:
Mr. Richard T. Dunbar
Chairperson
Mr. Gerald J. Purcell
Member
Ms. Rea M. Nuppenau
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, correction of her promotion effective date and date of rank for captain from 9 November 2006 to 24 August 2006.
2. The applicant states that her official date of rank and promotion date is 24 August 2006. She states that due to administrative processing, her Federal recognition date was delayed for 3 months, which delays her future promotion dates of rank.
3. The applicant provides in support of her application, a copy of State of North Carolina Orders 243-847, dated 31 August 2006; and a copy of National Guard Bureau (NGB) Special Orders Number 291 AR, dated 14 November 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant's military record shows that she was appointed in the North Carolina Army National Guard (NCARNG), as a second lieutenant, effective 17 August 2002.
2. The applicant was ordered to active duty for the period 2 February 2004 through 20 May 2004 to attend the Finance Officer Basic Course. She successfully completed the course and was transferred to Headquarters, 130th Finance Battalion. She was promoted to first lieutenant effective 17 August 2004.
3. The records show that the applicant was assigned to the 111th Finance Detachment on 24 August 2006, when a Federal Recognition Board convened and determined that she was qualified for Federal Recognition and promotion to the rank of captain. The Proceedings of the Federal Recognition Examining Board indicates that the applicant was being promoted in an authorized position at the higher grade.
4. Based on the required 2 years minimum time in the lower grade, her promotion eligibility date for captain was 16 August 2006.
5. On 31 August 2006, the State of North Carolina published Orders 243-847 promoting the applicant to the rank of captain with an effective date of 24 August 2006.
6. The available record indicates that on 12 September 2006, the State of North Carolina Orders 243-847, which were published promoting the applicant to the rank of captain with an effective date of 24 August 2006, were changed to reflect her effective date of promotion and date of rank to captain as 9 November 2006.
7. On 14 November 2006, NGB Special Orders 291 AR was published extending Federal recognition and promoting the applicant to captain effective 9 November 2006.
8. The NGB furnished the applicant a promotion memorandum, dated 14 November 2006, reflecting her promotion to captain with a promotion effective date and date of rank of 9 November 2006.
9. National Guard Regulation 600-100, in pertinent part, prescribes the policies and procedures for the promotion of ARNG officers. Chapter 8 specifies that to be considered for Federal recognition and subsequent Reserve of the Army promotion following a State promotion to fill a unit vacancy, an ARNG commissioned officer must be in an active status and have completed the minimum years of service. The minimum years of service for promotion to captain is completion of 2 years in the lower grade. Chapter 8-11(a) specifies that a Federal Recognition Board will review the records of commissioned officers recommended for promotion. The State may promote an officer under the unit vacancy criteria prior to the mandatory promotion eligibility date.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is should receive an adjustment of her promotion effective date and date of rank to captain to 24 August 2006, the date the Federal Recognition Board approved her for promotion based on a position vacancy, and entitlement to back pay and allowances.
2. The evidence of record indicates that it was the intent of the NCARNG to promote the applicant by a position vacancy promotion effective 24 August 2006.
3. For reasons unexplained, the applicant's promotion was delayed until 9 November 2006, and there is no indication in the available record that shows the delay was the fault of the applicant. Therefore, based on a matter of equity, the applicant should be granted relief in this case.
4. In view of the foregoing, the applicants NCARNG and Department of the Army records should be corrected as recommended below.
BOARD VOTE:
__RMN__ __GTP__ __RTD___ 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 State of North Carolina Army National Guard and Department of the Army records of the individual concerned be corrected by:
a. showing the applicant was promoted to captain with a promotion effective date and date of rank of 24 August 2006;
b. amending NGB Special Orders Number 291 AR granting Federal recognition effective 26 August 2006; and
c. paying all appropriate back pay and allowances based on these corrections.
____Richard T. Dunbar____
CHAIRPERSON
INDEX
CASE ID
AR20070014608
SUFFIX
RECON
DATE BOARDED
20080318
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1. 310
131.0000/PROMOTION
2. 314
131.0400/EFFECTIVE DATE
3. 315
131.0500/DATE OF RANK
4.
5.
6.
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