IN THE CASE OF:
BOARD DATE: 16 July 2009
DOCKET NUMBER: AR20090001892
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 his date of rank (DOR) to first lieutenant (1LT) be adjusted from 9 November 2008 to 19 August 2008.
2. The applicant states a policy memorandum signed by the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA M&RA) reduced the time-in-grade (TIG) requirement for promotion from second lieutenant (2LT) to 1LT from 24 months to 18 months. The policy change became effective 19 August 2008.
3. The applicant provides:
a. a copy of the ASA M&RA policy memorandum;
b. copies of his Federal recognition orders;
c. a copy of his Basic Officer Leadership Course Academic Evaluation Report, dated 5 October 2007;
d. a copy of his Oath of Office as a 2LT, dated 13 August 2006; and
e. a copy of DA Form 5074-1-R (Record of Award of Entry Grade Credit - Health Services Officers).
CONSIDERATION OF EVIDENCE:
1. With prior enlisted service in the Colorado Army National Guard, the applicant was appointed as a 2LT, Quartermaster Corps (QM) on 13 August 2006. On 17 July 2007, his appointment branch of service was changed to Medical Service Corps (MS).
2. Following his branch transfer from QM to MS, the applicants 2LT DOR was adjusted to 3 January 2007.
3. On 19 August 2008, the ASA M&RA published a policy memorandum changing the Reserve Component TIG requirements for promotion to 1LT from 24 months to 18 months. The policy change became effective 19 August 2008.
4. On the effective date of the ASA M&RA policy memorandum, the applicant already satisfied the 18-month TIG requirement as well as all other promotion requirements.
5. The applicant was promoted to 1LT on 9 November 2008, and National Guard Bureau Special Orders Number 288 AR, dated 14 November 2008, granted him Federal Recognition as a 1LT effective 9 November 2008.
6. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, VA. The opinion cited the 19 August 2008 ASA M&RA memorandum and recommended the applicants DOR be adjusted to 19 August 2008. The advisory opinion was forwarded to the applicant for comment, but he did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his DOR as a 1LT be adjusted from 9 November 2008 to 19 August 2008.
2. On 19 August 2008, the TIG policy for promotion to 1LT was changed from 24 months to 18 months.
3. On 19 August 2008, the applicant already had 18 months of TIG (as of 3 July 2008); therefore, he should have been promoted on the effective date of the memorandum.
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:
a. adjusting his promotion date of rank to 1LT from 9 November 2008 to 19 August 2008;
b. amending National Guard Bureau Special Orders Number 288 AR, dated 14 November 2008, to show he was granted him Federal Recognition as a 1LT effective 19 August 2008; and
c. paying him any back pay and allowances due as a result of the above corrections.
___________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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