RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  04 April 2008
	DOCKET NUMBER:  AR20080000905 


	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 back pay and allowances due to him as a result of the correction of his appointment effective date to second lieutenant (2LT).  He also requests that his Date of Rank (DOR) and his effective date to first lieutenant (1LT) be changed to 24 November 2004.

2.  The applicant, states in effect, that he is entitled to back pay and allowances as a result of the effective date of his appointment to 2LT being changed from 25 November 2003 to 30 September 2002.  He also states, in effect, that as a result of the correction to of his appointment to 2LT, he is entitled to have the DOR and effective date of promotion to 1LT backdated to 24 November 2004 from 24 November 2005.  The applicant finally states, in effect, that an order is needed for the Defense, Finance, and Accounting Service (DFAS) to pay him all the back pay and allowances had he been promoted in a timely manner.

3.  The applicant provides a copy of the corrected copy of his appointment to 2LT and a copy of his promotion orders to 1LT in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service record shows that he is a member of the U.S. Army Reserve (USAR) Control Group (reinforcement) serving in the rank of 1LT.

2.  Orders M-268-C001, Headquarters, 95th Division (Institutional Training), Oklahoma City, OK dated 25 September 2002, ordered the applicant to active duty for a period of 365 days for the purpose of mobilization in support of Operation Enduring Freedom in the grade of Specialist (SPC). 

3.  The applicant submitted a memorandum from the Department of the Army, U.S. Total Army Personnel Command, St. Louis, Missouri, that shows that he was appointed as a 2LT in the U.S. Army Reserves effective 24 September 2002.

4.  Permanent Orders Number 307-2248, Headquarters, United States Infantry Center, Fort Benning, Georgia, released the applicant from active duty effective 
20 November 2003 in the grade of Sergeant (E-5).

5.  On 25 November 2003, the applicant executed an Oath of Office accepting his appointment in the grade of 2LT in the U.S. Army Reserve. 

6.  The applicant’s records show that the completed the Military Intelligence Officer Basic Course on 11 August 2004. 

7.  Based on the required 2 years TIG, his minimum TIG for promotion to first lieutenant was 2 years and enrollment in the basic Officer Basic Course.  Orders Number B-10-506767, U.S. Army Human Resources Command, St. Louis, Missouri, dated 20 October 2005, show that the applicant was promoted to 1LT effective 24 November 2005 with a DOR of 24 November 2005. 

8.  The applicant submitted a memorandum from the Chief, Reserve Appointments, U.S. Army Human Resources Command, 1 Reserve Way, 
St. Louis, Missouri, dated 16 November 2007, Subject:  Appointment as a Reserve Commissioned Officer of the Army under Title 10, USC 12201 and 
12203, to show that the applicant’s effective date and DOR to 2LT was corrected 
in accordance with the authorization and direction of the Army Review Board Agency (ARBA), Application for Correction of Military Records.

9.  In an email, dated 7 December 2007, the Chief, Screening and Research Team, ARBA Support Division, St. Louis, Missouri stated that the applicant’s career manager B***Y B****x contacted ARBA regarding the initial application and informed the ABCMR that the action to correct the applicant’s effective date of appointment to 2LT was 30 September 2002 was completed, with the exception of paying the applicant the back pay and allowances due to him.

10.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve and Army National Guard officers.  This regulation specifies that the minimum TIG for promotion to first lieutenant is 2 years and a second lieutenant is eligible for promotion upon completion of the required TIG.  

11.  Chapter 2 of this regulation also specifies that officers assigned to the control group (OADO), Dual Component and former OADO officers transferred to the Control Group (Annual Training), or the Selected Reserve preceding their promotion eligibility date are not required to meet the educational requirements for promotion to first lieutenant.  Promotion under these circumstances does not negate the requirements to complete the resident OBC at a subsequent date.

12.  Army Regulation 15-185 (Army Board for Correction of Military Records) provides, in pertinent part, that at the request of the ABCMR staff, the Director, Defense Finance and Accounting Service will settle claims that are based on ABCMR final actions, on behalf of the Army.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that he is entitled to back pay and allowances resulting from the amendment of his appointment to 2LT, and correction of his DOR and effective date of promotion to 1LT with back pay and allowances were carefully considered and found to have merit.

2.  The evidence of record shows that the applicant’s record was corrected to show the DOR and the effective date of his appointment to 2LT as 
30 September 2002.  As a result of this amendment, the applicant is entitled to back pay and allowances as a 2LT during the period 30 September 2002 through 24 November 2003.  

3.  Additionally, based on the above correction and the fact that the applicant met the time-in grade requirement for promotion to the grade of 1LT, the applicant is entitled to promotion to 1LT with the effective date and date of rank of 1 October 2004 and any back pay and allowances due as a result.

BOARD VOTE:

__PBF __  __ENA__  __JCR___   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:

	a.  the Director, Defense Finance and Accounting Service, on behalf of the Army paying the applicant all back pay and allowances due to him as a result of his appointment to 2LT with an effective date and date of rank of 30 September 2002; and



b.  showing that he was promoted to 1LT with a promotion effective date and date of rank of 1 October 2004, with entitlement to back pay and allowances based on this adjustment.




___    Eric N. Andersen___
          CHAIRPERSON