IN THE CASE OF:	

		BOARD DATE:	16 September 2008  

		DOCKET NUMBER:  AR20080007859


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 (DOR) to captain (CPT/O-3) be corrected to 5 December 1992 and that his subsequent DOR for promotion to major (MAJ/O-4) be adjusted to 5 December 1999 or earlier.

2.  The applicant states he should have been reviewed for promotion to MAJ in 1997 while he was in the US Army Reserve (USAR) Individual Ready Reserve (IRR), but he was never picked up by the 1997 board.  He returned from the IRR to the Army National Guard (ARNG) in 2002.

3.  The applicant also argues that his status was either ARNG or IRR throughout the period in question and that he was never in the Inactive National Guard (ING).

4.  The applicant provides:

	a.  A 3-page, 14 April 2008 self-authored letter.

	b.  Special Orders Number 10 AR, Headquarters, National Guard Bureau, Washington, DC, dated 26 January 1993, showing his Federal recognition date to captain as 5 December 1992.

	c.  A copy of Army National Guard Retirement Points History Statement prepared on 19 December 2001.

	d.  Copies of three DA Forms 67-8 (US Army Officer Evaluation Report) for the periods 19920919-19930506, 19930507-19940411, and 19980209-19980531.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a USAR second lieutenant (2LT/O-1) from the Reserve Officer's Training Corps (ROTC) on 23 May 1986.  He completed the Field Artillery Officer Basic Course on 23 June 1989 and, on 16 August 1989, he was promoted to first lieutenant (1LT/O-2).

2.  The applicant completed the Field Artillery Offer Advance Course on 18 September 1992.  He was promoted to CPT on 5 December 1992 by Orders 003-007, Headquarters, Louisiana National Guard, New Orleans, LA, dated 6 January 1993.

3.  Orders B-02-601506, Headquarters, US Army Human Resources Command, St. Louis, MO, dated 14 February 2006, promoted the applicant to MAJ effective 5 April 2006 with a DOR of 5 April 2006.

4.  The Army National Guard Retirement Points History Statement prepared on 15 February 2006 and taken from his Integrated Personnel Electronic Records Management (iPERMS) files shows periods of service in the ING as follows:

	a.  from 19940412 to 19960913, a period of 2 years, 5 months, and 2 days;

	b.  from 19960915 to 19980208; a period of 1 year, 4 months, and 25 days; and

	c.  from 19990629 to 20020102; a period of 2 years, 6 months, and 5 days.

5.  The total period of time the applicant spent in the ING according to his 2006 Army National Guard Retirement Points History Statement is 6 years, 4 months, and 1 day.

6.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, Headquarters, National Guard Bureau (NGB) which recommends denying the applicant's request.  The advisory opinion states the 



applicant believes he was erroneously placed in the ING after specifically requesting placement in the IRR; however, there is no proof of his request to be transferred to the IRR.  There is proof he was ordered to the ING.

7.  The applicant was provided an opportunity to respond to the advisory opinion and did so on 16 August 2008.  In his rebuttal, the applicant provides copies of Officer Evaluation Reports (OER) to refute the notion he was in the ING.  He provides OERs for the periods 19930507-19940411 (his ING period was from 19940412-19960913); 19980209-19980531 (his ING period was from 19960915-19980208); and 19990104-19990128 (his ING period was from 19990629-20020102).

8.  Army Regulation 135-155 (Army National Guard and U.S. Army Reserve – Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR).  It provides:

	a.  By law, commissioned officers of the Reserve Components who are on the Reserve Active Status List (RASL) are automatically considered for promotion when they have served the required years in grade.  Promotion consideration accrues whether officers are assigned to an ARNG unit, TPU or a control group, except for the Standby Reserve (Inactive) and the Inactive Army National Guard (ING).

	b.  Promotion to CPT will be accomplished within 2 to 5 years from the DOR as a 1LT, and promotion to MAJ will be accomplished within 4 to 7 years from the DOR as a CPT.

	c.  An officer removed from an active status before promotion is final (the effective date of promotion) will be removed from the promotion list.  Removal will not be considered a nonselection.  If returned to an active status, the officer's name will not be placed on a promotion list or nominated for promotion unless again recommended by a selection board.  An officer returned to an active status after having been in an inactive or retired status will not be considered for a Reserve of the Army promotion (mandatory or USAR position vacancy; or, in the case of an ARNGUS officer, Federal recognition) until at least 1 year after the date of return to an active status.




DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his date of rank (DOR) to CPT be corrected to 5 December 1992 and his DOR to MAJ be adjusted to 7 years (or less) from that date.  The applicant's records show that his DOR to CPT is now, and has always been 5 December 1992.  

2.  Based on a CPT DOR of 5 December 1992, his maximum time-in-grade promotion date to MAJ should have been 4 December 1999; however, he was promoted to MAJ on 5 April 2006.

3.  The applicant spent 6 years, 4 months, and 1 day in the ING; this is time that was not creditable for promotion purposes in accordance with AR 135-155.  When added to his maximum time-in-grade date for MAJ, his new maximum time-in-grade date becomes 5 April 2006.

4.  It cannot be determined from the applicant's iPERMS record whether he sought transfer to the IRR instead of the ING.  The record does contain orders from the Louisiana Army National Guard transferring him to the ING.  Without evidence from the applicant showing his ING transfers were incorrect, regularity is presumed in the transfer process.

5.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ___X___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20080007859





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ABCMR Record of Proceedings (cont)                                         AR20080007859



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