IN THE CASE OF:	  

		BOARD DATE:	  24 September 2009

		DOCKET NUMBER:  AR20090004183 


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, that his date of rank (DOR) and his date of Federal recognition for promotion to major be corrected to a date no later than 31 March 2008.

2.  The applicant states his promotion to major was not based on the 110th Combat Support Brigade Career Management Board (CMB)'s memorandum for record, dated 18 January 2008.

3.  The applicant provides a self-authored memorandum for record, dated 29 January 2009, with 11 enclosures.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a second lieutenant in the U.S. Army Reserve on 19 May 1990.  He had previously served 3 years, 3 months, and 21 days in an enlisted status in the Missouri Army National Guard (MOARNG).  He was subsequently commissioned as a second lieutenant in the MOARNG on 31 May 1990.

2.  The following events are taken from the advisory opinion provided by the National Guard Bureau (NGB), dated 1 July 2009, and the documents submitted by the applicant.

3.  The applicant was notified of his selection for promotion to major by the 2005 Army Promotion List Board on 28 June 2005.  He delayed his promotion and was eventually selected to fill a major position being vacated by a retiring Soldier.

4.  A memorandum for record, dated 18 January 2008, from the 110th Combat Support Brigade Maneuver Enhancement CMB recommended the applicant be moved and promoted to Fire Support Officer, a major's position, upon the retirement of Major M____ on 11 February 2008.  Headquarters, MOARNG, Orders 043-268, dated 12 February 2008, relieved Major M____ from the duty position of Fire Support Officer, Headquarters and Headquarters Company, 110th Combat Support Brigade, and transferred him to the Retired Reserve effective 11 February 2008.

5.  Headquarters, MOARNG, Orders 051-326, dated 20 February 2008, transferred the applicant as a captain to the position of Assistant Fire Support Officer, a captain's position, with Headquarters and Headquarters Company, 110th Combat Support Brigade, effective 20 February 2008.

6.  Headquarters, MOARNG, Orders 053-236, dated 22 February 2008, ordered the applicant to active duty effective 11 April 2008 in support of Operation Enduring Freedom.

7.  Headquarters, MOARNG, Orders 179-179, dated 27 June 2008, promoted the applicant to major with an effective date of 17 June 2008.  He was promoted in accordance with the procedures set forth in NGB Human Resources Personnel Policy and Readiness memorandum, subject:  Promotion of Mobilized Army National Guard Officers Who Are Selected for Promotion by a Department of the Army (DA) Mandatory Promotion Board, dated 30 January 2004.

8.  NGB Special Orders Number 194 AR, dated 31 July 2008, extended the applicant Federal recognition in the rank of major effective 31 July 2008.

9.  Headquarters, MOARNG, Orders 002-100, dated 2 January 2009, assigned the applicant to the duty position of Fire Support Officer, a major's position, effective 11 February 2008.

10.  Headquarters, MOARNG, Orders 028-084, dated 28 January 2009, amended Headquarters, MOARNG, Orders 179-179, dated 27 June 2008, to show the applicant's effective date of promotion to major to read 11 February 2008 instead of 17 June 2008.

11.  In the advisory opinion, dated 1 July 2009, NGB recommends the applicant's Federal recognition order be amended to show the effective date of 11 February 2008 for the applicant's promotion to major.  The applicant was provided a copy of this opinion and given 30 days to allow him the opportunity to submit comments on the advisory opinion.  The applicant has not provided any comments.

12.  Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states the effective date of promotion for commissioned officers may not precede the date on which the promotion memorandum is issued.  In addition, the officer must already be assigned/attached to a position in the higher grade.

13.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides that the promotion of an officer in the ARNG is a function of the State.  This regulation further provides the effective date of promotion for an ARNG commissioned officer who is promoted in the State is the date the Chief, National Guard Bureau, extends Federal recognition unless otherwise provided by law.

14.  NGB Human Resources Personnel Policy and Readiness (NGB-ARH) memorandum, subject:  Promotion of Mobilized Army National Guard Officers Who Are Selected for Promotion by a DA Mandatory Promotion Board, dated 30 January 2004, established policy and procedures that allowed deployed officers who were DA-selected for promotion to be promoted while deployed.  However, they must be placed in a duty position in the higher grade within 6 months of demobilization or they will be transferred to the U.S. Army Reserve Individual Ready Reserve.

DISCUSSION AND CONCLUSIONS:

1.  Major M____'s effective date of separation was 11 February 2008.  Therefore, the earliest date the applicant could have been assigned to the major's position as Fire Support Officer was 12 February 2008.  At the time of Major M____'s retirement, orders should have been issued assigning the applicant to the Fire Support Officer position as recommended by the CMB, promoted to major, and provided Federal recognition effective 12 February 2008.

2.  The recommendations of the CMB should have been implemented upon Major M____'s retirement and prior to the applicant's deployment.  However, through no fault of the applicant, the issuance of orders assigning him to the major's position did not occur.  Upon the discovery of the oversight, the State issued orders assigning him to the major's position and amended his promotion order to coincide with his assignment.

3.  Based on applicable law and regulation, it is appropriate to amend NGB Special Orders Number 194 AR, dated 31 July 2008, to show the applicant's effective date of permanent Federal recognition in the grade of major as 12 February 2008 and to show his DOR as 12 February 2008.

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 Department of the Army records of the individual concerned be corrected by amending NGB Special Orders Number 194 AR, dated 31 July 2008, to show that he was extended Federal recognition effective 12 February 2008 in the grade of major and showing his DOR and effective date of promotion as 12 February 2008.

2.  Additionally, the Defense Finance and Accounting Service should audit the applicant's pay records and provide the applicant any pay and allowances due him based on 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)                                         AR20090004183



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004183



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1