IN THE CASE OF:
BOARD DATE: 15 December 2009
DOCKET NUMBER: AR20090007327
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 correction of her date of rank (DOR) for first lieutenant (1LT) and back pay.
2. The applicant states that she met all requirements and should have been promoted in (about) September 2007.
3. The applicant provides, in support of her request, copies of her college transcript; state appointment orders and Federal Recognition orders for second lieutenant (2LT); three officer evaluation reports as a 2LT; certificates of completion, diploma, DD Form 214 (Certificate of Release or Discharge from Active Duty), a DA Form 1059 (Service School Academic Evaluation Report) for the Basic Officer Leader Course (BOLC), Phase III; a DA Form 705 (Army Physical Fitness (APFT) Scorecard; and a Certificate of Achievement for improving her APFT score.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed a Signal Corps 2LT by the Mississippi Army National Guard with a DOR of 8 May 2005 and Federal Recognition was extended, effective 8 May 2005.
2. She was assigned to a Signal Corps duty position on 16 July 2006.
3. While attending the Signal Corps BOLC, Phase III between June and August 2007, she completed the APFT with a score of 225 and received a certificate of achievement for improving her APFT score by 67 points. She completed the Signal Corps BOLC on 24 August 2007.
4. On 20 June 2008, the applicant was transferred to B Company, 155th Brigade Special Troops Battalion (BSTB) for duty as a platoon leader.
5. The applicant was promoted to 1LT on 10 March 2009 and was extended Federal Recognition effective on that date.
6. The 9 April 2009 memorandum of support from the Commander, 155th BSTB explained that the applicant was pregnant when assigned to the BOLC, Phase II in August 2005. However, she completed that course in November 2006 and Phase III in August 2007. He opined that the applicant should have been eligible for promotion upon completion of a physical health assessment on 19 September 2007. However, for unknown reasons the applicant's promotion package was not prepared for the 233th Engineer Battalion commander's signature. That commander recently informed a brigade inspector general that he would have promoted the applicant, if he had been presented with a qualifying promotion package.
7. During the processing of this case an advisory opinion was obtained from the National Guard Bureau. The Chief, Personnel Division reviewed the applicant's file and determined that she was qualified for promotion on 19 September 2007. Based upon the applicable recent guidance, Department of the Army, Office of the Deputy Chief of Staff G-1, Amendment to Policy Memo, dated 14 January 2005, provides that officers are to be promoted to 1LT when they have completed the officer basic course and have 24 months time-in-grade. The recommendation is that the applicant be promoted to 1LT with a DOR and an effective date of 19 September 2007.
8. The advisory opinion was forwarded to the applicant. No response was received.
9. Army Regulation 135–155 (Army National Guard and U.S. Army Reserve, Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides that officers recommended for promotion must be medically qualified.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that she met all requirements and should have been promoted in (about) September 2007.
2. The applicant was qualified upon meeting the military education requirement and completion of the physical health assessment on 19 September 2007. She should have been promoted at that time.
3. The applicant's DOR, effective date, and date of Federal Recognition as a 1LT should be corrected to 19 September 1997 and she should receive back pay.
4. In view of the foregoing findings and conclusions it would be appropriate to rectify this injustice by correcting the applicantÂ’s records as recommended 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 all Department of the Army records of the individual concerned be corrected by:
a. showing she was promoted to 1LT (pay grade O-2) with a DOR and effective date of 19 September 2007 and that she was extended Federal Recognition on this date; and
b. paying her the difference in pay and allowances accrued as a result of this change.
_______ _ _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) AR20090007327
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