BOARD DATE: 3 September 2009
DOCKET NUMBER: AR20090005470
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 (DOR) for first lieutenant be adjusted to July 2007.
2. The applicant states, in effect, that he did not receive Federal Recognition for his promotion to first lieutenant until November 2008 but he was eligible for promotion in July 2007. He contends that he did not get promoted because he did not have a security clearance due to financial issues; however, his security clearance was reinstated in August 2008. He wants his DOR adjusted to July 2007 after his 2-year obligation as a second lieutenant was fulfilled. He believes he should be considered for the backdate because of his commitment with the military during a time when his military career was uncertain. He points out that after his security clearance was revoked he took the appropriate actions to correct a financial mistake based on bad judgment on his behalf, that he continued to drill with his unit, that he completed multiple stateside missions, and that he took on the responsibility as the Executive Officer with his unit's rear detachment in support of the forward's mission.
3. The applicant provides promotion orders and a memorandum dated
3 December 2008 in support of his application.
CONSIDERATION OF EVIDENCE:
1. Having prior inactive service in the U.S. Army Reserve (USAR), the applicant was appointed a second lieutenant in the USAR on 12 August 2005. He was appointed a second lieutenant on 7 September 2005 in the Texas Army National Guard.
2. Departments of the Army and the Air Force, National Guard Bureau, Special Orders Number 302 AR, dated 3 December 2008, show the applicant was granted Federal Recognition for promotion to first lieutenant effective
24 November 2008.
3. In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau. The opinion states that the applicant's secret clearance was revoked on 4 December 2006 and reinstated on 21 July 2008. That office recommends partial approval of the applicantÂ’s request to adjust his promotion effective date and DOR to 21 July 2008 and that he receive all back pay and allowances. The recommendation was based on paragraph 2-6(1) of National Guard Regulation 600-100 which states that applicants must have a final secret clearance prior to appointment or reappointment as commissioned officers in the Army National Guard.
4. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. The applicant did not respond within the given time frame.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant's secret clearance was revoked on
4 December 2006 and reinstated on 21 July 2008. He was granted Federal Recognition for promotion to first lieutenant effective 24 November 2008.
2. Although the applicant requests that his DOR for first lieutenant be adjusted to July 2007, in accordance with the governing regulation, it would be equitable to correct his military records to show his effective date of promotion to first lieutenant is 21 July 2008 with a DOR of 21 July 2008. It would also be equitable to show he was granted Federal Recognition for promotion to first lieutenant effective 21 July 2008.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x___ ____x____ ____x____ 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 partial relief. As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by amending Federal Recognition Special Orders Number 302 AR, dated 3 December 2008, to show that he was granted Federal Recognition for promotion to first lieutenant effective 21 July 2008.
2. The Board further recommends that the applicant be paid all back pay and allowances due as a result of this correction.
3. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adjusting his DOR to July 2007.
_______ _ _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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