Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090001892
Original file (20090001892.txt) Auto-classification: Approved

		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 applicant’s 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 applicant’s 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.

ABCMR Record of Proceedings (cont)                                         AR20090001892



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001892



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100008630

    Original file (20100008630.txt) Auto-classification: Denied

    The applicant requests correction of his records to adjust his date of rank (DOR) for first lieutenant (1LT) from 14 December 2007 to 14 June 2007. This was the earliest date Special Actions Branch could grant him based on his promotion eligibility date and TIG requirement of 24 months. Army Regulation 135-155 states that an SSB will convene to correct/prevent an injustice to an officer or former officer who was eligible for promotion, but whose records, through error, were not submitted...

  • ARMY | BCMR | CY2009 | 20090005183

    Original file (20090005183.txt) Auto-classification: Denied

    BOARD DATE: 26 August 2009 DOCKET NUMBER: AR20090005183 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant provides a memorandum from the Assistant Secretary of the Army, Manpower and Reserve Affairs (ASA-M&RA) dated 19 August 2008, which states that effective the date of the memorandum, second lieutenants (2LT) could be promoted to 1LT with 18 months TIG.

  • ARMY | BCMR | CY2010 | 20100011555

    Original file (20100011555.txt) Auto-classification: Denied

    The applicant provides copies of the following documentation in support of his request: * memorandum, dated 31 July 2007, subject: Request for Retroactive Commissioning * National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 13 May 2006 * DA Form 71 (Oath of Office - Military Personnel), dated 12 May 2006 * DD Form 220 (Active Duty Report), dated 13 November 2006 * appointment and/or promotion orders to 2LT and 1LT * active duty for training orders * NGB Form 62E (Application for...

  • ARMY | BCMR | CY2014 | 20140003319

    Original file (20140003319.txt) Auto-classification: Approved

    The NGB's Federal Recognition section stated that his DOR could not be adjusted earlier than 3 January 2013 without the Army Board for Correction of Military Records action due to a change in the way these packets were processed. He provided copies of the following: * SO Number 91 AR, issued by the NGB, on 2 April 2013, initially appointing him in the IAARNG, MSC, as a 2LT, effective 30 June 2012 * NGB Form 78, dated 2 July 2013, which shows he was recommended for promotion to 1LT effective...

  • ARMY | BCMR | CY2009 | 20090017821

    Original file (20090017821.txt) Auto-classification: Approved

    Headquarters, NGB, Arlington, VA, memorandum, dated 13 May 2009, subject: Promotion as a Reserve Commissioned Officer of the Army, shows the applicant was promoted to 1LT (O-2) effective 28 February 2009. Records show the applicant executed an oath of office for appointment as a Reserve commissioned officer in the rank of 2LT (O-1) on 18 May 2007. a. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2012 | 20120001912

    Original file (20120001912.txt) Auto-classification: Approved

    Therefore, he became eligible for promotion to 1LT as of 20 February 2010. b. in accordance with National Guard Regulation (NGR) 600-100, paragraph 2-2, "the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oath of office in the State." Based on the applicable law and regulation, the FSM is entitled to have Federal Recognition Order Number 196 AR, dated 24 August 2011, amended to show the effective date of permanent...

  • ARMY | BCMR | CY2005 | 20050011134C070206

    Original file (20050011134C070206.doc) Auto-classification: Approved

    Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), effective 1 September 1994, paragraph 4-17 stated a qualified 1LT would not be promoted before the date of completion of 3 years of promotion service with two specified exceptions (neither of which applied to the applicant). Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) provides policy for selecting and promoting...

  • ARMY | BCMR | CY2010 | 20100018440

    Original file (20100018440.txt) Auto-classification: Approved

    BOARD DATE: 17 May 2011 DOCKET NUMBER: AR20100018440 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record shows he was appointed as a 2LT on 18 October 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending NGB Special Orders Number 92 AR, dated 8 May 2010, to show he was extended Federal recognition for promotion to 1LT effective 18 April 2010 and b. paying him all back pay and allowances...

  • ARMY | BCMR | CY2009 | 20090011214

    Original file (20090011214.txt) Auto-classification: Approved

    The applicant requests that his initial appointment date be corrected and that he be promoted to first lieutenant (1LT). The applicant's initial appointment should be corrected to 11 August 2007 and he should be promoted to 1LT with an effective date and a date of rank of 11 February 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was initially appointed and granted Federal recognition on 11 August...

  • ARMY | BCMR | CY2009 | 20090000712

    Original file (20090000712.txt) Auto-classification: Denied

    On 17 January 2008, this Board recommended the applicant's record be corrected by adjusting his initial appointment date to 21 May 2005 with a DOR to 2LT of 14 March 2005, and that he be promoted to 1LT, effective 14 March 2007, with entitlement to all back pay and allowances. He was granted Federal Recognition and promoted to CPT with an effective date of 16 December 2008. The applicant was not entitled to promotion to CPT until he was extended Federal Recognition on an approved position...