IN THE CASE OF:	

		BOARD DATE:	18 August 2009    

		DOCKET NUMBER:  AR20080012615 


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 an amended application that his date of rank (DOR) for promotion to the rank of captain (CPT) be changed to reflect a DOR and effective date of on or about 21 June 2007 and entitlement to back pay and allowances to that date.

2.  The applicant states, in effect, that he received State of Michigan promotion orders promoting him to the rank of CPT on 21 March 2007.  However, he was not permanently placed on the Federal recognition promotion list until 28 August 2007, approximately 5 months after he was initially promoted, and he is not sure why it took so long to process because he contacted State officials and they could not explain the delay.

3.  The applicant provides a copy of his State promotion orders and a copy of his Federal recognition orders.

CONSIDERATION OF EVIDENCE:

1.  After serving 8 years in the Marine Corps Reserve, the applicant enlisted in the Michigan Army National Guard (MIARNG) on 18 May 1999.

2.  On 25 February 2003, he was honorably discharged in the pay grade of E-5 to accept appointment as a commissioned officer.

3.  On 26 February 2003, he accepted appointment as a Signal Corps second lieutenant (2LT) in the MIARNG.  He deployed to Iraq on 1 May 2004 and was promoted to the rank of first lieutenant on 28 February 2005.  He departed Iraq on 2 February 2005 and was awarded the Combat Action Badge and the Purple Heart.

4.  On 9 February 2007, orders were published by the MIARNG that reassigned the applicant from a platoon leader position in an Infantry company at Selfridge Air National Guard Base to a position as company commander of another Infantry company in Flint, Michigan, effective 1 February 2007.  The applicant branch-transferred to Infantry effective 21 March 2007.

5.  On 21 March 2007, a Federal Recognition Examining Board recommended that the applicant be granted Federal recognition as an Infantry CPT.

6.  On 28 March 2007, orders were published by the MIARNG promoting the applicant to the rank of CPT effective 21 March 2007.  His orders specified that he would not wear the rank or be paid at the new rank until Federal recognition was confirmed.

7.  On 30 August 2007, Special Orders Number 211 AR published by the National Guard Bureau (NGB) announced the extension of Federal recognition to the applicant as an Infantry CPT effective 28 August 2007.

8.  He again deployed to Iraq with his unit from 28 March 2008 to 15 December 2008 and he was awarded the Combat Infantryman Badge during that deployment.

9.  In the processing of this case a staff advisory opinion was obtained from the NGB which recommends disapproval of the applicant's request.  Officials at the NGB opine that his DOR should not be adjusted because his promotion was based on a position vacancy promotion system and in accordance with the Reserve Officer Personnel Management Act, the effective date of promotion and DOR for an officer who is promoted under the position vacancy promotion system will be the date the Chief of the NGB extends Federal recognition based upon the approved scroll list from the Secretary of Defense and scroll lists take approximately 90 to 120 days to be approved.  The advisory opinion was forwarded to the applicant for comment and to date no response has been received by the staff of the Board.

10.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides in paragraph 8-1 that the promotion of officers in the Army National Guard is a function of the State.  As in original appointments, a commissioned officer promoted by State authorities has a State status in the higher grade under which to function.  However, in order to be extended Federal recognition in the higher grade, the officer must have satisfied the requirements.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DOR should be adjusted from 28 August 2007 to 21 June 2007 has been noted and appears to have merit.

2.  The applicant was eligible for promotion when he was placed in the company commander position and his Federal recognition packet was forwarded to the NGB.  However, for reasons not explained in the official records, it took approximately 150 days before his Federal recognition was granted which caused the applicant's promotion to be delayed and resulted in a monetary loss to the applicant who was already performing the duties of the next higher grade.

3.  Notwithstanding the advisory opinion from the NGB which recommends disapproval of the applicant's request, it is noted that the opinion states that scroll lists take 90 to 120 days to be processed and the applicant's took approximately 150 days to process with no explanation as to why it was delayed.

4.  Accordingly, it would be in the interest of justice that his DOR and effective date of promotion be corrected to reflect that he was promoted to the rank of CPT on 21 June 2007 which would be 90 days from the date his packet was submitted to the NGB for approval.

BOARD VOTE:

____x____  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all State Army National Guard records and Department of the Army records of the individual concerned be corrected by amending NGB Special Orders Number 211 AR, dated 30 August 2007, to show he was extended Federal recognition as a CPT effective 21 June 2007 with a DOR of 21 June 2007 and entitlement to all back pay and allowances as a result of these changes.

2.  The Board wants the applicant and all others to know that the sacrifices he has made and is making made in service to the United States during the Global War on Terrorism are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20080012615



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ABCMR Record of Proceedings (cont)                                         AR20080012615



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