IN THE CASE OF:	  

		BOARD DATE:	       16 October 2008

		DOCKET NUMBER:  AR20080010945 


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, adjustment to his promotion effective date and date of rank (DOR) for major (MAJ) from 28 August 2007 to 21 June 2007. 

2.  The applicant states, in effect, that his promotion to MAJ was not processed by the State of Colorado in a timely manner.  He contends he went before a Federal Recognition Board in March 2007 and his promotion packet was not submitted to the National Guard Bureau (NGB) until June 2007. 

3.  The applicant provides copies of his promotion orders; copies of his reassignment orders; and electronic mail tracking his promotion packet in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the Illinois Army National Guard (ILARNG), as a second lieutenant, effective 24 February 1996.  He was promoted to first lieutenant effective 24 July 1997 and to captain effective 14 June 2002.

2.  On 15 December 2003, the applicant transferred to the COARNG.

3.  The applicant contends that he went before a March 2007 Federal Recognition Board for promotion to MAJ.  A copy of this documentation is not contained in his official record maintained on Integrated Personnel Electronic Records Management System (iPerms); however, he provided e-mail correspondence showing that in April 2007, he began tracking the status of his promotion packet through his unit.

4.  On 10 June 2007, the COARNG, issued Orders Number 020-011, transferring the applicant from the commander's position to a senior tactical director position in the 100th Missile Defense Brigade, with an effective date of 31 December 2006.

5.  On 27 August 2007, the NGB issued Special Orders Number 208 AR, extending Federal Recognition and promoting the applicant to MAJ, with an effective date and DOR of 28 August 2007.

6.  The COARNG issued promotion Orders Number 095-005 on 5 April 2007 promoting the applicant to MAJ with an effective date and DOR of 5 April 2007.  However, the 5 April 2007 is crossed out and 28 August 2007 is inserted as the applicant's effective date and DOR.

7.  On 29 August 2007, the NGB issued a promotion memorandum, promoting the applicant to MAJ, with a promotion effective date and DOR of 28 August 2007.

8.  In processing this case, an advisory opinion was obtained from the Chief, Personnel Division, NGB, recommending that the applicant's DOR be adjusted to 5 July 2007.  The recommendation was based on the Reserve Officer Personnel Management Act (ROPMA) and the fact that the COARNG did not submit the applicant's promotion packet to the NGB to be processed until June 2007 for a vacancy promotion.  The NGB official further stated that in accordance with the ROPMA, the effective date of promotion and DOR of an officer who is promoted under the position vacancy promotion system will be the date the Chief, NGB, extends Federal Recognition, based on the approved scroll list from the Secretary of Defense.  The promotion effective date is not the date of appointment into the position or the date of State Federal Recognition Board.  Scroll list take approximately 90 to 120 days to be approved by the Secretary of Defense, due to it has to be processed through the following offices before it is approved by the Secretary of Defense:  Office of the Deputy Chief of Staff for Personnel, Office of The Judge Advocated General, Director of Military Personnel Management, Deputy Chief of Staff for Personnel, Assistant Secretary of the Army, Director of the Army Staff, Secretary of the Army, Office of the 




Secretary of Defense, General Counsel of the Department of Defense, Deputy Assistant Secretary of Defense Military Personnel Policy, Deputy Assistant Secretary of Defense Force Management Policy, and the Under Secretary of Defense Personnel and Readiness.  Since the delay was not the applicant's fault, his DOR, in keeping with ROPMA, should be adjusted based on the minimum time of 90 days from the original effective date of the State promotion order
(5 April 2007).

9.  On 21 July 2008, a copy of the advisory opinion was provided to the applicant for comment and/or rebuttal.  To date, he has not responded.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances of this case, the applicant is entitled to an adjustment of his promotion effective date and DOR for MAJ to 5 July 2007, with entitlement to back pay and allowances.

2.  The applicant's went before a Federal Recognition Board on or about
20 March 2007.  For unknown reasons, but not through any fault on the applicant's part, his promotion packet was not forwarded to the NGB until June 2007.  However, the first promotion order published by the COARNG showed his promotion DOR to MAJ as 5 April 2007.

3.  Keeping with the ROPMA guidance and, also as recommended in the advisory opinion by the Chief, Personnel Division, NGB, the applicant's DOR should be adjusted to 5 July 2007, the minimum time of 90 days from the original effective date of the State promotion order (5 April 2007).  

4. Given the above, the applicant's record should be corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X_____  __X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing the applicant was promoted to MAJ with an effective date and DOR of 5 July 2007;

	b.  amending Federal Recognition Order Number 208 AR to show that he was extended permanent Federal Recognition effective 5 July 2007; and

	c.  paying him all pay and allowances due based on his corrected DOR to MAJ.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adjusting his effective date and DOR to 21 June 2007.  



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      _______ _   _______   ___
       	   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)                                         AR20080010945



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ABCMR Record of Proceedings (cont)                                         AR20080010945



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