IN THE CASE OF:	  

	BOARD DATE:	  16 September 2008

	DOCKET NUMBER:  AR20080003901 


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, correction of his military records to adjust his first lieutenant date of rank based on his active duty service in the United States Marine Corps (USMC).

2.  The applicant states, in effect, that when he transferred to the Army National Guard his date of rank was not adjusted based on his active duty service in the USMC as a second lieutenant. 

3.  The applicant provides copies of e-mail communications from June 2007 through 18 December 2007.

CONSIDERATION OF EVIDENCE:

1.  On 20 December 2003, the applicant entered the USMC as a second lieutenant, Infantry.

2.  On 8 April 2005, the applicant completed the Infantry Officer Course given at the Training Command, Quantico, Virginia.

3.  On 11 September 2006, the applicant was discharged with an honorable characterization of service.  The applicant had completed 2 years, 8 months, and 22 days of creditable active duty service as an infantry second lieutenant.  

4.  On 12 September 2006, the applicant signed his Oaths of Office as a second lieutenant in the Texas Army National Guard.
5.  Orders 269-027, Virginia Army National Guard, dated 26 September 2006, appointed the applicant as a second lieutenant in the Army National Guard, effective 12 September 2006

6.  Special Orders Number 3, National Guard Bureau, dated 5 January 2007, announced the extension of Federal Recognition in the Army National Guard for the applicant in the rank of second lieutenant effective 12 September 2006.  He was assigned duty with the 116th Infantry Regiment, in Virginia.

7.  Orders 023-1033, Texas Military Forces, Army National Guard, dated 
23 January 2007, appointed the applicant as a second lieutenant, Infantry, and assigned him as a platoon leader with Company A, 3rd Battalion, 144th Infantry Regiment, Greenville, Texas, effective 12 September 2006.

8.  Orders 039-021, Virginia Army National Guard, dated 8 February 2007; amended by Orders 065-026 from the same headquarters, transferred the applicant from the 116th Infantry Regiment, Lynchburg, Virginia, to the 144th Infantry Regiment, Greenville, Texas, effective 13 September 2006.

9.  Special Orders Number 55, National Guard Bureau, dated 7 March 2007, announced the extension of Federal Recognition in the Army National Guard for the applicant in the rank of second lieutenant effective 12 September 2006.  He was assigned for duty with the 144th Infantry Regiment, in Texas. 

10.  On 8 March 2007, the United States Army Human Resources Command, St. Louis, Missouri, issued a memorandum appointing the applicant as a second lieutenant in the Virginia Army National Guard, effective 29 December 2006, with a date of rank of 12 September 2006.

11.  On 3 December 2007, the Chief, Personnel Policy and Readiness Division, National Guard Bureau, approved the applicant’s request for constructive credit for the Officer Basic Course based on his completion of the Infantry Officer Course for the USMC.  

12.  On 23 January 2008, the Adjutant General, Texas Army National Guard promoted the applicant to the rank of first lieutenant, pay grade O-2, with an effective date and date of rank of 3 December 2007.

13.  Special Orders Number 19, National Guard Bureau, dated 23 January 2008, announced the extension of Federal Recognition in the Army National Guard for the applicant in the rank of first lieutenant effective 3 December 2007.  He was assigned duty with the 144th Infantry Regiment, in Texas.
14.  The Reserve Officer Personnel Management Act (ROPMA), provides that a second lieutenant, who is fully eligible for promotion will be so promoted on upon reaching 24 months of commissioned service. 

15.  Title 10 of the United States Code, Section 12207 (10 USC 12207) states, in pertinent part, that for the purpose of determining the grade and rank within grade of a person receiving an original appointment as a reserve commissioned officer (other than a commissioned warrant officer) in the Army, Navy, Air Force, or Marine Corps, the person shall be credited at the time of the appointment with any commissioned service (other than service as a commissioned warrant officer) performed before such appointment as a regular officer, or as a reserve officer in an active status, in any armed force or the National Oceanic and Atmospheric Administration, or the Public Health Service.  

DISCUSSION AND CONCLUSIONS:

1.  By law and regulation, a member will receive service credit for prior commissioned officer service upon appointment.  The evidence of record confirms that at the time of his 12 September 2006 appointment to second lieutenant, the applicant had previously served in the rank of second lieutenant for 2 years, 8 months, and 22 days in the USMC, for which he should have been credited.  As a result, his second lieutenant date of rank should have been established as 20 December 2003 at that time. 

2.  Furthermore, the applicant’s initial appointment into the Texas Army National Guard should have been as a first lieutenant, pay grade O-2, based on his more than 2 years of active duty service as a second lieutenant in the USMC.

3.  In view of the above, the applicant’s records should be corrected to show that he was appointed in the Texas Army National Guard and as a Reserve of the Army as a first lieutenant with a date of rank of 12 September 2006.

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 Texas Army National Guard records and the Department of the Army records of the individual concerned be corrected by either amending Special Orders Number 
3, National Guard Bureau, dated 5 January 2007, or by publishing new orders, to show that he was extended Federal Recognition in the Army National Guard as a first Lieutenant effective 12 September 2006.






__________ _ 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.

ABCMR Record of Proceedings (cont)                                         AR20070015723



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ABCMR Record of Proceedings (cont)                                         AR20080003901



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