IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080004381 


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 Captain (CPT) be adjusted to on or about 13 December 2007 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 CPT for nearly 5 months after receiving State promotion orders.  His State promotion orders promoted him to CPT on 18 September 2007 and he did not receive Federal recognition orders for CPT until 8 February 2008.

3.  The applicant provides his State First Lieutenant (1LT) promotion orders; his State CPT promotion orders; his National Guard Bureau (NGB) Federal Recognition orders; Department of Military and Veterans Affairs Orders 334-800, dated 30 November 2007; and a NGB memorandum, dated 12 February 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior active duty enlisted service.   

2.  NGB Federal Recognition Orders Number 275 AR, dated 29 October 2003, show that the applicant was awarded permanent Federal Recognition for initial appointment as a Second Lieutenant (2LT)/O-1 in the Michigan Army National Guard (MIARNG) effective 13 September 2003.

3.  MIARNG Orders 224-033, dated 1 September 2005, show that the applicant was promoted to the rank and pay grade of 1LT/O-2 with an effective date and date of rank of 13 September 2005.

4.  NGB Federal Recognition Orders Number 345 AR, dated 9 December 2005, show that the applicant was awarded Federal Recognition for the purpose of promotion to 1LT in the MIARNG effective 13 September 2005.

5.  MIARNG Orders 274-014, dated 1 October 2007, show that the applicant was promoted to the rank and pay grade of CPT/O-3 with an effective date and date of rank of 18 September 2007.

6.  A memorandum, dated 12 February 2008, show that the applicant was promoted as a Reserve Commissioned Officer of the Army in the rank of CPT for service in the ARNG with an effective date and date of rank of 8 February 2008.

7.  NGB Federal Recognition Orders Number 42 AR, dated 12 February 2008, show that the applicant was awarded Federal Recognition for the purpose of promotion to the grade of as a CPT in the MIARNG effective 8 February 2008.

8.  On 3 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 not received at NGB for promotion to CPT until 21 November 2007.  The office also stated that the applicant met all requirements to be promoted to CPT at the time of eligibility on 18 September 2007.

9.  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 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 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 temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status. 
11.  National Guard Regulation 600-100, paragraph 2-13 states temporary Federal Recognition may be extended to an officer who has been appointed in the ARNG of a State and found to be qualified by a Federal Recognition Board pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army.  If not sooner withdrawn or replaced by the granting of permanent Federal Recognition, temporary Federal Recognition will automatically terminate six months after the effective date of State appointment.  However, should the initial period of temporary Federal Recognition expire due to administrative processing delays, through no fault of the member, a subsequent Federal Recognition Board should be convened to consider the request again and grant another new period of temporary Federal Recognition if warranted.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was eligible for promotion to CPT on 
18 September 2007; however, his promotion packet was not forwarded in a timely manner from his State to NGB.  By all accounts he met all requirements to be promoted to CPT at the time of eligibility on 18 September 2007.  

2.  The applicant's promotion was delayed through no fault of his own; therefore, it is concluded that based on a matter of equity the applicant should be granted relief.

3.  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 CPT to 
18 September 2007, 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.  amending Federal Recognition Special Orders Number 42 AR, dated 12 February 2008, to show he was granted Federal Recognition as a CPT effective 18 September 2008

	b.  showing he was promoted as a Reserve Commissioned Officer of the Army to the rank of CPT with an effective date and date of rank of 18 September 2007; and 

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




       _    xxxxx___   ___
       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)                                         AR20080004381





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ABCMR Record of Proceedings (cont)                                         AR20080004381



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