IN THE CASE OF:	

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090007322 


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 the date of rank (DOR) and effective date for his promotion to the rank of first lieutenant (1LT) be changed to 12 January 2003 and that the effective date and DOR for promotion to the rank of captain (CPT) be changed to 12 January 2005, with entitlement to all back pay and allowances.

2.  The applicant states that there were many administrative errors made during the requests and processing of his promotions and as his Officer Evaluation Reports (OERs) indicate, it was his command’s intention at all time that he receive an early (vacancy) promotion in both instances.  He goes on to state that this is also the case in the upcoming promotion to major which will finally correspond to the slot (O-4) that he has been in since 2001.  He goes on to state that his request is based on the 2-year minimum time in grade policy for both 1LT and CPT promotions and he requests that any waivers be applied as well.  He continues by stating that his previous commanders, although well meaning, were not well versed on the promotion system for Active Guard Reserve (AGR) personnel and mistakes were made in the completion and processing of necessary promotion documentation.  He also states that at the time there was no senior Army advisor in the Virgin Islands National Guard (VING) and there was confusion as to which senior army advisory group was to process his promotion.  He concludes by stating that at the time he requested his DOR be backdated and was informed that he would have to apply to the Board.



3.  The applicant provides copies of his promotion orders to the ranks of 1LT and CPT, a copy of his Officer Record Brief (ORB), a copy of orders assigning him to the VING, a copy of orders assigning him to the Florida Army National Guard (FLARNG), two letters of recommendation for the President of the Promotion Board, two copies of Meritorious Service Medal Certificates, a memorandum showing him slotted in a major’s position in the VING, orders for full time National Guard duty (FTNGD), a copy of his DA Form 2-1 (Personnel Qualification Record), and copies of his Officer Evaluation Reports (OERs).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 November 1984 and served as a medical specialist on active duty until he was honorably discharged in the pay grade of E-6 on 7 December 1994.

2.  He enlisted in the Ohio Army National Guard (OHARNG) on 8 December 1994.  On 19 August 1998, he entered the Interservice Physician Assistant Program (IPAP).

3.  He completed the IPAP and was commissioned as a second lieutenant (2LT) in the OHARNG on 11 January 2001.  On 8 May 2001, he was transferred to the FLARNG and entered active duty under the AGR Program.  He was promoted to the rank of 1LT in the FLARNG on 6 May 2003. 

4.  On 20 February 2005, he was appointed as a 1LT in the VING and on 2 September 2005, he was promoted to the rank of CPT in the VING.  He continues to serve in the AGR Program in the VING.

5.  In the processing of this case a staff advisory opinion was obtained from the National Guard Bureau (NGB) which recommends approval of the applicant’s request to adjust his effective date for promotion to the ranks of 1LT to 12 January 2003 and 12 January 2005, respectively.  Officials at the NGB opine that the applicant’s effective dates of promotion should be adjusted based on the fact that he served in a major’s position since 8 May 2001.  The advisory opinion was provided to the applicant for comment and he concurred with the opinion as written. 

6.  Army Regulation 135-155 provides the policy for selecting and promoting commissioned officers of the Army National Guard of the United States and the 


United States Army Reserve.  It also provides promotion eligibility and qualification requirements.  It provides, in pertinent part, that the minimum years in grade for promotion to the ranks of 1LT and CPT is 2 years.  AGR officers must have completed the minimum time in grade for promotion to the next higher grade before the convening date of the selection board.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was commissioned as a 2LT on 11 January 2001, and on         8 May 2001 he was assigned to a Major/O-4 position.  Accordingly, he was eligible to be promoted to the rank of 1LT when he met the 2 years of minimum time in grade, which would have been 12 January 2003.  However, he was not promoted to the rank of 1LT until 6 May 2003. 

2.  He remained assigned to a Major/O-4 position and was again eligible for promotion to the rank CPT when he met the 2 year minimum time in grade.  However, he was not promoted until 2 September 2005.

3.  Therefore, given the favorable support of the NGB and the fact that the applicant occupied a valid Major position at the time, it appears that it would be in the interest of justice to correct his records to show that he was promoted to the rank of 1LT effective 12 January 2003, with a DOR of 12 January 2003 and that he was promoted to the rank of CPT effective 12 January 2005 with a DOR of    12 January 2005 and entitlement to all back pay and allowances that flow from this correction to his records.

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 showing that he was promoted to the rank of 1LT effective 12 January 2003, with a DOR of 12 January 2003 and that he was promoted to the rank of CPT effective 12 January 2005 with a DOR of 12 January 2005 and entitlement to all back pay and allowances that flow from this correction to his records.




      _______ _ 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)                                         AR20090007322





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ABCMR Record of Proceedings (cont)                                         AR20090007322



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