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ARMY | BCMR | CY2008 | 20080003552
Original file (20080003552.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	  
	DOCKET NUMBER:  AR20080003552 


	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, in effect, that his date of rank (DOR) for promotion to first lieutenant (1LT) be changed from 28 September 2006 to 2 March 2002.

2.  The applicant states, in effect, he served as a 1LT with the North Carolina (NC) Army National Guard (ARNG) from 7 August 1995 to 1 April 2000 and his total time in service in that grade was 55 months and 26 days.  He also states he reentered the NC ARNG on 28 September 2006 and is currently serving in the grade of 1LT; however, his prior ARNG service as a 1LT was not considered when he was reappointed in the NC ARNG.  The applicant further states that the evidence he provides will offer proof of his service and time-in-grade as a 1LT, his transfer to the U.S. Army Reserve (USAR) Individual Ready Reserve (IRR) and non-select notifications, his application for reappointment as a 2-time
non-select officer with appropriate waivers and supporting documents, and determination of the Federal Recognition Board and his reappointment.

3.  The applicant provides copies of National Guard Bureau (NGB) Form 62 (Application for Federal Recognition as an Army National Guard Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the Army National Guard of the United States), dated
28 April 1992; NGB Form 337 (Oaths of Office), dated 8 August 1992; Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri, memorandum, dated 14 January 1993, subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 591 and 593; Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, Orders 165-14, dated
20 July 1995; Headquarters, NGB, Washington, DC, Special Orders Number
109 AR, dated 5 September 1995; Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, Orders 174-332, dated 29 July 1997; 2 DA Forms 1059 (Service School Academic Evaluation Reports), dated 9 July 1993 and 17 October 1997; The United States Army Armor School Diploma, dated 17 October 1997; Applicant’s memorandum, dated, 1 July 1999, subject: Request to be Discharged into IRR, with 1st Endorsement, dated 18 February 2000; Headquarters,
1st Battalion, 252nd Armor, NC ARNG, Fayetteville, NC, memorandum, dated
1 November 1999, subject: Officer Resignation; NGB Form 22 (Report of Separation and Record of Service), with an effective date of 1 April 2000; Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, Orders 080-002, dated
11 April 2000; NGB Form 23B (Army National Guard Retirement Points History Statement), dated 1 May 2000; Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, memorandum, dated 22 June 1999, subject: 1999 1LT to CPT (APL) Department of the Army Mandatory Selection Board (Reference: 1LT [Applicant’s Name]; Headquarters, U.S. Total Army Personnel Command,
St. Louis, Missouri, memorandum, dated 16 May 2000, subject: Notification of Promotion Status; Headquarters, U.S. Total Army Personnel Command,
St. Louis, Missouri, memorandum, dated 26 April 2001, subject: Notification of Promotion Status; Headquarters, NGB, Arlington, Virginia, memorandum, dated 12 December 2005, subject: Reappointment of 2X Non-Select Officers
(NGB-ARH Policy Memo #05-079); Optional Form (OF) 41 (Routing and Transmittal Slip), dated 2 March 2007; 2XNS Reappointment Checklist (ARNG), undated; Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, memorandum, dated 17 July 2006, subject: Receipt of Official Transcript [Applicant’s Name and Social Security Number (SSN)]; North Carolina State University, Student Academic Record [Copy], dated 13 July 2006; Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, memorandum, dated 5 February 2007, subject: Summary Sheet for the Reappointment [of Applicant]; Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, memorandum, dated 5 February 2007, subject: Request Exception to Policy to Reappointment [of Applicant]; Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, memorandum, dated 15 March 2007, subject: Request Approval for Reappointment [of Applicant]; Headquarters, NGB, Arlington, Virginia, memorandum, dated 12 April 2007, subject: Request to Reappoint Previously Separated Officer [Applicant]; Headquarters, NGB, Arlington, Virginia, memorandum, dated 17 September 2007, subject: Request to Appoint Previously Separated Officer [Applicant]; NGB Form 62-E, dated 19 July 2006; Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, Orders 283-808, dated 10 October 2006; Headquarters, U.S. Army Human Resources Command, St. Louis, Missouri, memorandum, dated 8 March 2007, subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 12201 and 12203; Headquarters, NGB, Washington, DC, Special Orders Number 2 AR, dated 4 January 2007; and NGB Form 337 (Oaths of Office), dated
28 September 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military service record shows he was appointed as a Reserve commissioned officer of the Army, with appointment in the ARNG of the United States, in the grade of second lieutenant (2LT), effective 8 August 1992.  He completed the Armor Officer Basic Course on 9 July 1993 and was promoted to the grade of 1LT, effective and with a DOR of 7 August 1995.  The applicant’s military service record also shows he completed the Armor Officer Advanced Course on 17 October 1997.

2.  The applicant’s military service record contains a copy of his NGB Form 22, with an effective date of 1 April 2000.  This document shows, in pertinent part, that the applicant completed the Armor Officer Basic Course in July 1993, the Armor Office Advanced Course in October 1997, and had completed 3 years of college at that time.  This document also shows the applicant was separated in the rank of 1LT/pay grade O-2 and his DOR was 7 August 1995.  This document further shows the applicant was honorably separated from the ARNG on 1 April 2000, credited with completing 7 years, 7 months, and 24 days net service this period, and transferred to the USAR Control Group (Reinforcement), Army Reserve Personnel Center, St. Louis, Missouri.

3.  The applicant’s military service record contains a copy of Headquarters, U.S. Army Reserve Personnel Command, St. Louis, Missouri, Orders D-05-222378, dated 30 May 2002, that show the applicant was honorably discharged from the USAR Control Group (Reinforcement), effective 1 October 2002.

4.  The applicant’s military service record shows he was appointed in the ARNG as an Armor officer, in the grade of 1LT/pay grade O-2, effective and with a DOR of 28 September 2006.

5.  In support of his application, the applicant provides the following documents.

     a.  NGB Form 62, dated 28 April 1992; NGB Form 337, dated 8 August 1992; and Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri, memorandum, dated 14 January 1993, subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 591 and 593.  These documents show, in pertinent part, the applicant was appointed as a Reserve commissioned officer of the Army, with appointment in the ARNG of the United States, in the grade of 2LT, effective 8 August 1992.

     b.  Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, Orders 165-14, dated 20 July 1995 and Headquarters, NGB, Washington, DC, Special Orders Number 109 AR, dated 5 September 1995.  These documents show the applicant was promoted to the grade of 1LT, effective and with a DOR of 7 August 1995.

     c.  Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, Orders 174-332, dated 29 July 1997, which show, in pertinent part, the applicant was transferred for assignment as Executive Officer, Company C, 1st Battalion, 252nd Armor, Southern Pines, North Carolina, effective 1 September 1997.

     d.  DA Form 1059, dated 9 July 1993, that shows the applicant attended and completed the Armor Officer Basic Course at the U.S. Army Armor School, Fort Knox, Kentucky, during the period 10 May 1993 to 9 July 1993.

     e.  DA Form 1059, dated 17 October 1997, and United States Army Armor School Diploma, dated 17 October 1997, that show the applicant attended and completed the Armor Officer Advanced Course at the U.S. Army Armor School, Fort Knox, Kentucky, during the period 6 October 1997 to 17 October 1997.

     f.  Applicant’s memorandum, dated 1 July 1999, subject: Request to be Discharged into IRR, with 1st Endorsement, dated 18 February 2000, and Headquarters, 1st Battalion, 252nd Armor, NC ARNG, Fayetteville, NC, memorandum, dated 1 November 1999, subject: Officer Resignation.  These documents show, in pertinent part, the applicant requested discharge and transfer to the USAR IRR based on personal reasons and that the applicant indicated he should be able to rejoin the NC ARNG in approximately 1 year.

     g.  NGB Form 22, with an effective date of 1 April 2000; Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, Orders 080-002, dated 11 April 2000; and NGB Form 23B, dated 1 May 2000.  These documents show, in pertinent part, that the applicant was honorably separated from the ARNG, effective 1 April 2000, in the rank of 1LT/pay grade O-2 and his DOR was 7 August 1995.  These documents also show the applicant was credited with completing 7 years, 7 months, and
24 days net service this period; 10 years, 5 months, and 2 days total service for pay; and was transferred to the USAR Control Group (Reinforcement), Army Reserve Personnel Center, St. Louis, Missouri, effective 2 April 2000.

     h.  Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, memorandum, dated 22 June 1999, subject: 1999 1LT to CPT (APL) Department of the Army Mandatory Selection Board (Reference: 1LT [Applicant’s Name]).  This document shows the applicant was notified he was scheduled for consideration by the Department of the Army Mandatory Selection Board, convening on 9 November 1999 and was reminded to review the contents of his Official Military Personnel File (OMPF) and submit the appropriate documents for promotion consideration.
     i.  Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri, memorandum, dated 16 May 2000, subject: Notification of Promotion Status.  This document shows that a Department of the Army Reserve Components Mandatory Selection Board convened on 9 November 1999 to consider officers of the applicant’s grade for promotion; however, the applicant was not among those selected for promotion because his record that were reviewed did not indicate he had completed the required civilian education.

     j.  Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri, memorandum, dated 26 April 2001, subject: Notification of Promotion Status. This document shows that a Department of the Army Reserve Components Mandatory Selection Board convened on 13 November 2000 to consider officers of the applicant’s grade for promotion; however, the applicant was not among those selected for promotion.  As a result of this second non-selection, he was informed, in pertinent part, that he must be discharged as of 1 October 2001.

     k.  Headquarters, NGB, Arlington, Virginia, memorandum, dated 12 December 2005, subject: Reappointment of 2X Non-Select Officers (NGB-ARH Policy Memo #05-079).  This document, in pertinent part, specifies the procedures required to apply for the reappointment of officers who previously served in the grade of first lieutenant and who were separated for failure to be promoted to the grade of captain due to not meeting the civilian education requirement (i.e., had not earned a baccalaureate degree from an accredited school) and who have completed the required degree since their separation.

     l.  Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, memorandum, dated 17 July 2006, subject: Receipt of Official Transcript [Applicant’s Name and SSN] and North Carolina State University, Student Academic Record [Copy], dated
13 July 2006.  These documents show the applicant completed his Bachelor of Science degree in Fisheries and Wildlife Sciences on 13 May 2006.

     m.  Optional Form 41, dated 2 March 2007; 2XNS Reappointment Checklist (ARNG), undated; Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, memorandum, dated 5 February 2007, subject: Summary Sheet for the Reappointment [of Applicant]; Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, memorandum, dated 5 February 2007, subject: Request Exception to Policy to Reappointment [of Applicant]; Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, memorandum, dated 15 March 2007, subject: Request Approval for Reappointment [of Applicant]; Headquarters, NGB, Arlington, Virginia, memorandum, dated 12 April 2007, subject: Request to Reappoint Previously Separated Officer [Applicant]; Headquarters, NGB, Arlington, Virginia, memorandum, dated 17 September 2007, subject: Request to Appoint Previously Separated Officer [Applicant]; and NGB Form 62-E, dated 19 July 2006.  These documents, along with the documents identified in paragraph 5m, above, comprise the applicant’s request for reappointment as an officer who previously served in the grade of 1LT and was separated for failure to be promoted to the grade of CPT due to not meeting the civilian education requirement.

     n.  Headquarters, State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, Raleigh, NC, Orders 283-808, dated 10 October 2006; Headquarters, U.S. Army Human Resources Command, St. Louis, Missouri, memorandum, dated 8 March 2007, subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 12201 and 12203; Headquarters, NGB, Washington, DC, Special Orders Number 2 AR, dated 4 January 2007; and NGB Form 337, dated 28 September 2006.  These documents show, in pertinent part, the applicant was appointed as a Reserve commissioned officer of the Army, with appointment in the ARNG of the United States, in the grade of 1LT, effective 28 September 2006.

6.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, NGB, Arlington, Virginia, which recommended approval of the applicant's request.  The advisory opinion also recommended the applicant’s date of rank be adjusted from 28 September 2006 to 2 March 2002.  The NGB advisory official further recommended that, based on Headquarters, NGB, Arlington, Virginia, NGB-ARH Policy Memo 05-079, dated 12 December 2005, subject: Reappointment of 2X Non-Select Officers, that the applicant’s record be forwarded to a Special Selection Board (SSB) for consideration of promotion to captain under the 2006 promotion criteria.

7.  On 7 March 2008, the applicant was provided a copy of the Chief, Personnel Division, NGB, advisory opinion in order to have the opportunity to respond to its contents.  On 12 March 2008, the applicant provided his concurrence with the advisory opinion rendered in his case.

8.  Headquarters, NGB, Arlington, Virginia, NGB-ARH Policy Memo 05-079, dated 12 December 2005, subject: Reappointment of 2X Non-Select Officers.  This document, in pertinent part, specifies the procedures required to apply for the reappointment of officers who previously served in the grade of 1LT and who were separated for failure to be promoted to the grade of CPT due to not meeting the civilian education requirement (i.e., had not earned a baccalaureate degree from an accredited school) and who have completed the required degree since their separation.

9.  National Guard Regulation 600-100 (Commissioned Officer - Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal recognition. Chapter 2 (Appointments), paragraph 2-1, states that commissioned officers of the ARNG are appointed by the several States under Article 1, Section 8, of the U. S. Constitution.  These appointments may be federally recognized by the Chief, NGB, under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation.  Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the Army National Guard of the United States, if they have not already accepted such appointment.

10.  National Guard Regulation 600-100, paragraph 2-2, states that the effective date of Federal recognition for original appointment is that date on which the commissioned officer executes the oath of office in the State.  Paragraph 2-3a states that temporary Federal recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status. 

11.  Nation Guard Regulation 600-100, Chapter 8 (Promotion for Other Than General Officers), paragraph 8-4 (Computation of promotion service), provides that an ARNG officer’s years of service for purposes of promotion and Federal recognition will be computed in accordance with Title 10, United States Code, section 3350.  Such service is generally computed by adding all service that the officer has or is credited by the Secretary of the Army with having, in grade in the Army, or at the discretion of the Secretary of the Army, any other armed force, while in an active status or as a regular officer on the active list of that service, or on the active duty list of the U.S. Army.

12.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers, Other Than General Officers), Chapter 2 (Promotion Eligibility and Qualification Requirements), Table 2-1 (Time in Grade Requirements Commissioned Officers, Other Than Commissioned Warrant Officers), provides, in pertinent part, that the minimum time in grade as a first lieutenant for promotion to captain is 2 years and the maximum time in grade is 5 years.  Table 2-2 (Military Educational Requirements Commissioned Officers, Other Than Commissioned Warrant Officers Grade) of Army Regulation 135-155 states, in pertinent part, that first lieutenants must complete a resident officer basic course to be eligible for promotion to captain.

13.  Army Regulation 135-155, Chapter 3 (Board Schedules and Procedures), paragraph 3-19 (General), provides that officers and warrant officers who have either failed of selection for promotion, or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a promotion advisory board or a special selection board, as appropriate.  This paragraph also provides that special selection boards, convened under the Reserve Officer Personnel Management Act (ROPMA) on and after 1 October 1996, will, in pertinent part, reconsider commissioned officers who were wrongly not considered.  These boards are convened to correct/prevent an injustice to an officer or former officer who was eligible for promotion whose records through error, were not submitted to a mandatory promotion selection board for consideration.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was appointed as a Reserve commissioned officer of the Army in the ARNG of the United States, in the grade 2LT, effective 8 August 1992 and completed the Armor Officer Basic Course on
9 July 1993.  The evidence of record also shows that the applicant was promoted to the grade of 1LT, effective and with a DOR of 7 August 1995, and completed the Armor Officer Advanced Course on 17 October 1997.  The evidence of record further shows that the applicant was honorably separated from the ARNG, effective 1 April 2000, and transferred to the USAR IRR.

2.  The evidence of record shows that the applicant was twice non-selected for promotion to the grade of CPT (on 9 November 1999 and 13 November 2000) due to not meeting the civilian education requirement (i.e., completion of a bachelor’s degree).  The evidence of record also shows that the applicant subsequently completed the civilian education requirement and was awarded his Bachelor of Science degree on 13 May 2006.

3.  The evidence of record shows the applicant applied for reappointment and was reappointed in the ARNG as an Armor officer, in the grade of 1LT (O-2), effective and with a DOR of 28 September 2006.  Thus, records show the applicant was not credited with the time in grade (TIG) that he served in the grade of 1LT (O-2) from 7 August 1995 to 1 April 2000, which totaled 4 years,
7 months, and 25 days.  Based on the date of the applicant’s reappointment
(i.e., on 28 September 2006) in the grade of 1LT (O-2), this should have resulted in an adjusted DOR of 3 February 2002.  Therefore, the applicant’s record should be corrected to show he was reappointed as a Reserve commissioned officer of the Army in the ARNG of the United States, in the grade of 1LT (O-2), with an adjusted DOR of 3 February 2002, effective 28 September 2006.
4.  In view of the foregoing, and as a result of Army officials’ failure to correctly calculate the applicant’s 1LT DOR at the time of his reappointment on
28 September 2006, it is concluded that the applicant was erroneously not considered for promotion to the grade of captain due to administrative error.
Therefore, the applicant’s record should be forwarded to a Special Selection Board for consideration of promotion to captain under the 2006 promotion criteria.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x____  ___x___  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 showing he was reappointed as a Reserve commissioned officer of the Army, with appointment in the ARNG of the United States, in the grade of 1LT (O-2), with an adjusted DOR of 3 February 2002, effective 28 September 2006.

2.  The Board further recommends that, based upon the applicant’s 1LT adjusted DOR of 3 February 2002, the applicant’s record should be forwarded to a Special Selection Board for consideration of promotion to captain under the 2006 promotion criteria.

3.  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 adjustment of the applicant’s 1LT DOR to 2 March 2002.




      __________x_________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080003552



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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