IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080003917 


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 that his date of rank and effective date of promotion to Lieutenant Colonel (LTC)/O-5 be adjusted to 4 December 2004 and that he receive all back pay and allowances.

2.  The applicant states that, due to no fault of his own, he was not promoted to the rank of LTC by a special selection board with an effective date and date of rank of 4 December 2004.  However, Federal Recognition orders for LTC show the effective date and date of rank of 21 December 2007.

3.  The applicant provides his State LTC promotion orders; his National Guard Bureau (NGB) Federal Recognition orders; two memoranda from the U. S. Army Human Resources Command - St. Louis (USAHRC - STL); and a NGB memorandum, dated 12 February 2008.

CONSIDERATION OF EVIDENCE:

1.  On 25 July 1985, the applicant was appointed as a Reserve Commissioned Officer of the Army in the rank of Second Lieutenant (2LT)/O-1.

2.  NGB Federal Recognition Orders Number 247 AR, dated 24 December 1985, show that the applicant was awarded permanent Federal recognition for initial appointment as a 2LT in the Oklahoma Army National Guard (OKARNG) effective 25 July 1985.  

3.  NGB Federal Recognition Orders Number 233 AR, dated December 1997, show that the applicant was awarded Federal Recognition for the purpose of promotion to Major (MAJ) in the OKARNG effective 5 December 1997.

4.  By memorandum dated 24 July 2007, the Chief, Office of Promotions, Reserve Components, USAHRC – STL informed the Chief, Personnel Division, Army National Guard Readiness Center that the applicant was selected for promotion to LTC by a board which convened on 16 May 2007 and was selected for promotion with a promotion effective date of 4 December 2004.  

5.  By memorandum dated 15 August 2007, the Chief, Office of Promotions, Reserve Components, USAHRC – STL informed the applicant that he was considered for promotion to LTC by a Standby Advisory Board which convened on 18 January 2007 and was selected for promotion with a promotion eligibility date of 4 December 2004.  He was informed that upon final processing, a promotion letter would be forwarded to him with a date of rank of 4 December 2004. 

6.  OKARNG Orders 334-012, dated 30 November 2007, show that the applicant was promoted to the rank and pay grade of LTC/O-5 with an effective date and date of rank of 15 October 2004.

7.  A NGB memorandum, dated 21 December 2007, show that the applicant was promoted as a Reserve Commissioned Officer of the Army in the rank of LTC for service in the Army National Guard with an effective date and date of rank of 
21 December 2007.

8.  NGB Federal Recognition Orders Number 319 AR, dated 21 December 2007, show that the applicant was awarded Federal Recognition for the purpose of promotion to the grade of LTC in the OKARNG effective 21 December 2007.

9.  On 24 June 2008, the Chief, Federal Recognition Section, NGB informed a Board analyst that due to no fault of his own, the applicant's promotion packet was received at NGB for promotion to LTC along with the Standby Advisory Board memorandum stating that his promotion eligibility date was 4 December 2004.  The office also stated that instead of processing the applicant's orders with the effective date and date of rank of 4 December 2004, his NGB Federal Recognition orders were inadvertently processed with the effective date and date of rank of 21 December 2007.

10.  National Guard Regulation 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal Recognition.  Paragraph 2-1 states commissioned officers of the Army National Guard (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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was selected for promotion to LTC by a Standby Advisory Board on 18 January 2007, with a date of rank of 
4 December 2004.  At that time, his Federal Recognition promotion packet and allied documents were forwarded to NGB for Federal Recognition promotion orders.  However, his promotion orders were inadvertently processed with the effective date and date of rank of 21 December 2007.  It is clear that an administrative error caused the applicant's Federal Recognition promotion orders not to show an effective date and date of rank of 4 December 2004.  

2.  In view of the circumstances in this case, the applicant is entitled to an adjustment of his promotion effective date and date of rank for LTC to 
4 December 2004, with entitlement to back pay and allowances.

BOARD VOTE:

___xx___  __xx  __  __xx  ___  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.  showing he was promoted as a Reserve Commissioned Officer of the Army to the rank of LTC with an effective date and date of rank of 4 December 2004;
	b.  amending Federal Recognition Special Orders Number 319 AR, dated 21 December 2007, to show he was granted Federal Recognition as a LTC effective 4 December 2004; and 

	c.  paying him any back pay and allowances due as a result of these corrections.




      ____xxxxxx____
               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)                                         AR20080003917





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080003917



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1