IN THE CASE OF:
BOARD DATE: 3 September 2009
DOCKET NUMBER: AR20090006445
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 adjustment in his promotion eligibility date/date of rank (DOR) to first lieutenant from 13 November 2008 to 19 May 2008 in the Maine Army National Guard (MEARNG) with entitlement to back pay and allowances.
2. The applicant states he was in the Aviation Basic Officer Leaders Course (BOLC) in 2008 when he reached 24 months time in grade (TIG) on 19 May 2008. However, he was not promoted until 13 November 2008. He states that aviation officers can be promoted at 24 months' TIG if currently attending school, which he was.
3. The applicant provides a copy of National Guard Bureau (NGB) Special Orders Number 277 AR dated 31 October 2006; NGB Special Orders Number 316 AR dated 10 December 2008; and a DA Form 1059 (Service School Academic Evaluation Report) from BOLC in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show the effective date of his initial appointment and DOR to second lieutenant as 19 May 2006.
2. The applicant was enrolled in the Aviation BOLC on 19 May 2007. He was promoted to first lieutenant in the MEARNG effective 13 November 2008, the date he completed the Aviation BOLC.
3. In the processing of this case, an advisory opinion was obtained on 6 April 2009 from the NGB Personnel Division. The advisory official recommended approval of the applicant's request to adjust his DOR and promotion effective date to first lieutenant to 19 May 2008. The advisory official further recommended the applicant receive all back pay and allowances. The recommendation was made based on NGB Personnel Readiness and Policy Division Memorandum Number 07-003, dated 23 January 2007.
4. The advisory official cites NGB Personnel Readiness and Policy Division Memorandum Number 07-003, dated 23 January 2007, which in pertinent part states, "effective immediately, Reserve Component aviation second lieutenants who have not graduated from an Officer Basic Course (OBC)/BOLC will be promoted at 24 months of commissioned service if currently enrolled in flight school XXI/OBC/BOLC and not flagged."
5. The advisory opinion was forwarded to the applicant to allow him the opportunity to submit comments or a rebuttal. He did not respond.
6. Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), table 2-1, shows that for promotion to first lieutenant, the minimum TIG is 2 years and table 2-2 shows officers enrolled in a resident basic course who are otherwise eligible will also be considered to have satisfied the military education requirement for promotion to first lieutenant.
DISCUSSION AND CONCLUSIONS:
1. On 19 May 2008, the applicant met the minimum TIG and military education requirements in accordance with Army Regulation 135-155, table 2-1 and table 2-2, for promotion to first lieutenant. On 19 May 2008, he met aviation officer requirements for promotion to first lieutenant as prescribed in NGB Personnel Readiness and Policy Division Memorandum Number 07-003, dated 23 January 2007. As such, it would be appropriate to adjust the applicant's Federal recognition effective date, promotion effective date, and DOR to first lieutenant to 19 May 2008.
2. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 the State Army National Guard records and all Department of the Army records of the individual concerned be corrected by showing he was promoted to the rank of first lieutenant with an effective date and DOR of 19 May 2008 and granted Federal recognition that date with entitlement to all back pay and allowances from that date.
_____________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) AR20090006445
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