RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 April 2008
DOCKET NUMBER: AR20080000573
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 that his Federal Recognition promotion date to captain be corrected to show 30 August 2007.
2. The applicant states that his promotion packet appeared before the August 2007 Federal Recognition Board and was forwarded electronically to the National Guard Bureau on 4 September 2007. The applicant continues, in effect, that his promotion was approved by the National Guard Bureau on 31 October 2007, that he was assigned to a captain position for one year prior to his promotion eligibility, and that he has been performing the duties of a captain for the past year.
3. The applicant provides copies of North Carolina Army National Guard (NCARNG) Assignment Orders Number 257-858, Theater Aviation Brigade Modification Table of Organization and Equipment (MTOE) Document Number 01612GNG03 excerpt, NCARNG Promotion Orders Number 247-829, National Guard Bureau promotion orders, National Guard Bureau Federal Recognition Orders Number 275 AR, and a memorandum from the NCARNG Officer Personnel Manager in support of this application.
CONSIDERATION OF EVIDENCE:
1. NCARNG Assignment Orders Number 257-858, dated 14 September 2006, show that the applicant was assigned to Headquarters and Headquarters Company, 449th Aviation Group, as the Assistant S2, paragraph-line 103-02, effective 1 September 2006.
2. Headquarters and Headquarters Company, Theater Aviation Brigade, MTOE Document Number 01612GNG03 excerpt, dated 16 November 2006, shows paragraph-line 103-02, position Assistant S2, assigned the grade O3 (captain).
3. NCARNG Promotion Orders Number 247-829, dated 4 September 2007, show that the applicant was promoted to the rank of captain effective 30 August 2007.
4. National Guard Bureau memorandum, dated 6 November 2007, shows that the applicant was promoted to the rank of captain in the Reserve of the Army effective 31 October 2007.
5. National Guard Bureau Federal Recognition Orders Number 275 AR, dated 6 November 2007, show that the applicant was extended Federal Recognition to the rank of captain effective 31 October 2007.
6. The applicant provides a memorandum, dated 19 December 2007, from the Officer Personnel Manager of the Joint Force Headquarters, NCARNG. The Officer Personnel Manager states that the applicant's date of rank for captain should be adjusted to show 30 August 2007. The Officer Personnel Manager continues that the applicant's promotion packet was submitted electronically to the National Guard Bureau for processing and the packet was not approved until 31 October 2007. The Officer Personnel Manager concluded that the applicant was assigned to a captain position for one year prior to his promotion eligibility date and performed those duties for the last year.
7. A staff member coordinated with a National Guard Bureau official who indicated that there was no basis for the 31 October 2007 effective date.
8. National Guard Regulation 600-100 (Commissioned Officer - Federal Recognition and Related Personnel Actions) prescribes procedures for processing all applications for Federal Recognition. Paragraph 8-1 of National Guard Regulation 600-100 states that the promotion of officers in the Army National Guard is a function of the State.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his date of rank to captain and his permanent Federal Recognition for promotion to the rank of captain should be amended to show the effective date 30 August 2007 was carefully considered and determined to have merit.
2. Evidence shows that the applicant was assigned to a captain position effective 1 September 2006. He was promoted to the rank of captain effective 30 August 2007 by NCARNG promotion orders dated 4 September 2007.
3. The applicant's Federal Recognition packet was transmitted electronically to the National Guard Bureau on 4 September 2007. Subsequently, National Guard Bureau officials granted the applicant Federal Recognition effective 31 October 2007. However, the applicant's records show that he met the requirements for promotion on 30 August 2007 and, therefore, his effective date should have been 30 August 2007.
4. It is clear from the evidence provided that it was the intent of The Adjutant General of the State of North Carolina to promote the applicant effective 30 August 2007, and that through no fault of the applicant, administrative processing delayed the applicant's promotion and award of Federal Recognition for promotion to the rank of captain.
5. Based on the foregoing and in the interest of justice, the applicant is entitled to correction of National Guard Bureau Federal Recognition Orders Number 275 AR, dated 6 November 2007, to show that he was awarded permanent Federal Recognition for promotion to the rank of captain effective 30 August 2007 with a date of rank of 30 August 2007.
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 all Department of the Army records for the individual concerned be corrected by amending National Guard Bureau Federal Recognition Orders Number 275 AR, dated 6 November 2007, to show the effective date of permanent Federal Recognition for promotion to the rank of captain as 30 August 2007.
__________x____________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000573
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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