IN THE CASE OF:
BOARD DATE: 7 August 2008
DOCKET NUMBER: AR20080007114
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 to his promotion effective date and date of rank (DOR) for first lieutenant from 17 September 2007 to the date he completed 2 years as a second lieutenant.
2. The applicant states, in effect, he submitted his promotion packet in September 2006 with the Utah Medical Command three months prior to his earliest promotion date. He further states his packet was misplaced through no fault of his own and he was promoted late.
3. The applicant provides a letter from the Utah Army National Guard (UTARNG), a copy of his orders for promotion to first lieutenant, a copy of two sets of Federal Recognition orders, and a letter from U.S. Army Human Resources Command.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he previously served 6 years, 10 months, and 19 days of enlisted service in the UTARNG.
2. On 17 December 2004, the applicant was commissioned a second lieutenant in the U.S. Army Reserve (USAR). On 7 March 2005, the applicant took the oath of office as a second lieutenant in the UTARNG.
3. On 27 September 2005, the applicant satisfactorily completed the Army Medical Department Officer Basic Course.
4. On 25 May 2007, the applicant was released from the UTARNG and transferred to the USAR.
5. On 4 September 2007, the applicant took the oath of office as a second lieutenant in the UTARNG. He was transferred from the USAR with a DOR
of 17 December 2004.
6. On 4 October 2007, the applicant was promoted to first lieutenant with an effective date of 17 September 2007 and a DOR of 17 September 2007.
7. On 17 December 2007, the applicant was ordered to active duty for a period not to exceed 400 days in support of Operation Enduring Freedom.
8. A memorandum, dated 2 April 2008, from the UTARNG requests the correction of an administrative error in the promotion of the applicant to first lieutenant. The UTARNG states the applicant had submitted his promotion package in September 2006; however, due to an administrative error the package was misplaced. The UTARNG further states that during the timeframe the applicant was transferred to the USAR he volunteered to mobilize with the Embedded Training Team with the Utah National Guard and he was subsequently transferred back into the UTARNG. Upon his return to the UTARNG, the applicant was promoted to first lieutenant effective 17 September 2007.
9. A Department of the Army Memorandum, dated 14 January 2005, from the Office of the Deputy Chief of Staff, G-1 provides that all reserve component officers (USAR and ARNG) in the rank of second lieutenant will be promoted to first lieutenant by the HRC - Office of Promotions (Reserve Components) or the National Guard Bureau, as appropriate when they meet the 24 month time in grade requirement for promotion and complete the Officer Basic Course (OBC).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his effective date and DOR to first lieutenant should be changed to the date he completed 2 years as a second lieutenant.
2. The evidence of record shows the applicant completed the required
24 months time in grade on 16 December 2006 and had completed his officer basic course on 27 September 2005. The applicant's records did not reveal any unfavorable information to cause a delay in his promotion to first lieutenant on
16 December 2006. The applicant's promotion was delayed through no fault of his own and this delay created an injustice that should now be corrected. The applicantÂ’s actions did not contribute to the delay and he should not be penalized by a late promotion.
3. Therefore, in view of the above, it would be appropriate to change the applicant's effective date and DOR to first lieutenant to 16 December 2006 with entitlement to any back pay and allowances that may be due as a result of this action.
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 all Department of the Army records of the individual concerned be corrected by showing he was promoted to first lieutenant with a promotion effective date and DOR of 16 December 2006, with entitlement to back pay and allowances based on this adjustment.
_______ _ 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.
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