BOARD DATE:	  22 September 2009

		DOCKET NUMBER:  AR20080016620 


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 the rank and grade of colonel (COL)/O-6 be changed from 4 April 2008 to
9 December 2006.

2.  The applicant essentially states that he was not selected for promotion by the 2006 COL Promotion Board due to a material omission from his board file, but he was selected for promotion by a Department of the Army (DA) Standby Advisory Board (STAB) which was confirmed by the U.S. Senate on 20 March 2008.  He also states that he would have been promoted prior to 4 April 2008 had he been selected by the 2006 COL Promotion Board.

3.  The applicant provides a self-authored memorandum, dated 17 October 2008; a memorandum, dated 27 October 2006, from the Deputy Chief of Staff for Personnel from the Mississippi Army National Guard (MSARNG); a memorandum, dated 20 March 2008, which informed him that he was selected for promotion by a DA STAB that convened on 28 September 2007; a memorandum, dated 20 March 2008, from the U.S. Army Human Resources Command in St. Louis, MO; and a memorandum, dated 7 April 2008, which promoted him to COL with a date of rank and effective date of 7 April 2008 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a member of the MSARNG.  

2.  In a memorandum, dated 24 October 2006, the U.S. Army Human Resources Command in St. Louis informed the applicant, then a lieutenant colonel, that a DA Reserve Components Selection Board (DA RCSB) was convened on 11 July 2006 to consider officers of his grade for promotion, but that he was not among those selected for promotion.

3.  The applicant provided a memorandum, dated 27 October 2006, from the Deputy Chief of Staff for Personnel for the MSARNG.  This memorandum requested in part that the applicant, who was not selected for promotion by the 2006 COL Promotion Board, be considered by a special selection board because critical documents in the applicant's board file were omitted.  It also stated that both the applicant and the Officer Branch Chief for the MSARNG both reviewed the applicant's board file and saw an above center of mass officer evaluation report that was no longer in his board file, but had previously been in his official records.

4.  In a memorandum, dated 20 March 2008, the U.S. Army Human Resources Command in St. Louis informed the applicant that a DA STAB had convened on 28 September 2007 and considered him for promotion using the criteria established for the mandatory board which met in 2006, and that he had been recommended for promotion.

5.  Mississippi Military Department, The Adjutant General's Office, Jackson, MS, Orders 095-856, dated 4 April 2008, promoted the applicant to the rank of COL with a date of rank and effective date of 4 April 2008.  Orders 290-818, same office, dated 16 October 2008, amended the aforementioned orders by changing the applicant's date of rank and effective date of promotion to COL from 4 April 2008 to 9 December 2006.

6.  The applicant was promoted to COL and the National Guard Bureau (NGB) published Special Orders Number 92 AR, dated 7 April 2008, extending to the applicant Federal recognition effective 7 April 2008 for the purpose of promotion.

7.  During the processing of this case, on 17 November 2008, an advisory opinion was obtained from the Personnel Division, NGB.  That office recommended approval of the applicant's request to change his date of rank and effective date of promotion to COL from 4 April 2008 to 9 December 2006.  That office also stated that in accordance with National Guard Regulation 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions), chapter 8, paragraph 8-2b, the date of rank and effective date of promotion of an ARNG commissioned officer who was selected by a special selection board shall 
be the same dates the officer would have had, had the officer been recommended for promotion by the selection board which should have considered, or which did consider the officer.

8.  On 21 November 2008, a copy of this advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 26 November 2008, the applicant concurred with this advisory opinion.

9.  National Guard Regulation 600-100 provides procedures for processing all applications for Federal recognition.  Paragraph 2-1 states that commissioned officers of the ARNG are appointed by the 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 ARNG of the United States if they have not already accepted such appointment.  

10.  Title 10, U.S. Code, section 14308(f) states that the effective date of a promotion of a Reserve commissioned officer in the Army who is extended Federal recognition in the next higher grade in the ARNG shall be the date in which such Federal recognition in that grade is so extended.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank and effective date of promotion to the rank and pay grade of COL/O-6 should be changed from 4 April 2008 to 
9 December 2006. 

2.  Evidence shows that the applicant was not selected by the 2006 COL Promotion Board, but that a material error existed in his board file, and he was subsequently selected for promotion by a DA STAB.

3.  In accordance with National Guard Regulation 600-100, the date of rank and effective date of promotion of an ARNG commissioned officer who was selected by a special selection board shall be the same dates the officer would have had had the officer been recommended for promotion by the selection board which should have considered, or which did consider the officer.  

4.  As the applicant's orders for his promotion to COL have already been amended to change his date of rank and effective date from 4 April 2008 to 
9 December 2006, it would be appropriate at this time to also amend NGB Special Orders Number 92 AR to show that he was extended Federal recognition with an effective date of 9 December 2006 for the purpose of promotion to COL.

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 State and Department of the Army records of the individual concerned be corrected by amending NGB Special Orders Number 92 AR to show that he was extended Federal recognition with an effective date of 9 December 2006 for the purpose of promotion to COL.



      __________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)                                         AR20080016620



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ABCMR Record of Proceedings (cont)                                         AR20080016620



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