BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090007950 


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 to captain be adjusted to the date of his selection (15 October 2008) and that he be furnished the difference in pay from that date.

2.  The applicant states he was selected for promotion to the grade of captain on 15 October 2008 and his unit was not informed of his selection until 1 March 2009.  He states that the delay prevented his unit from submitting the additional documentation for Federal recognition.  He states that during this period of time, his unit was being mobilized for deployment in support of Operation Enduring Freedom.

3.  The applicant provides copies of a memorandum from the Chief of Chaplains, for the Secretary of the Army providing the Army Reserve and Army National Guard (ARNG) Chaplain Corps Fully Qualified Promotion Certification to Captain; and copies of the Roster of the ARNG Personnel Recommended for Promotion to Captain.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he was initially appointed a first lieutenant in the Virginia Army National Guard (VAARNG) and granted Federal recognition in that grade effective 18 October 2007 with a date of rank of 18 October 2006.

2.  Records show that the applicant successfully completed the Chaplain Basic Officer Leadership Course Class 08-001 on 4 April 2008.

3.  NGB Special Orders Number 65 AR, dated 23 March 2009, show that the applicant was awarded permanent Federal recognition for promotion to the rank of captain in the VAARNG effective 23 March 2009.

4.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, NGB.  That office recommended approval of the applicant’s request for adjustment of his promotion effective date and date of rank to 15 November 2008.  That office noted that his promotion to captain was delayed through an administrative error which was not the fault of the applicant; he had satisfied the military educational requirements when he completed his officer basic course; he had met the minimum time in grade of 2 years for promotion to captain; and his records contained no derogatory documents that would have made him ineligible for promotion.

5.  In the advisory opinion, the Chief, Personnel Division, NGB, stated that the Personnel Chaplain confirmed that there was an apparent misunderstanding with the State as to who was to submit the promotion request to the Federal recognition section and that the 15 November 2008 date of rank takes into account the normal processing time for a promotion of this nature.  He stated that the applicant deployed in support of Operation Enduring Freedom on 1 December 2008 and that he did not confirm the error and get it resolved until 23 March 2009.

6.  A copy of the advisory was provided to the applicant for comment.  To date, there has been no response from him regarding the advisory opinion.

7.  National Guard Regulation 600-100 (Commissioned Officer - Federal Recognition and Related Personnel Actions) prescribes policies and procedures governing, in part, the appointment, Federal recognition, and separation of commissioned officers of the ARNG.  Chapter 8 states the promotion of officers in the ARNG is a function of the State.  A commissioned officer promoted by State authorities has a State status in the higher grade under which to function.  However, to be extended Federal recognition in the higher grade, the officer must have satisfied the requirements prescribed in this chapter.  Chapter 8 also states a commissioned officer must complete a minimum of 2 years of time in the lower grade for promotion to captain (i.e., for a vacancy promotion).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his date of rank to captain should be adjusted to 15 October 2008 and that he should be furnished the difference in pay was carefully considered and found to have partial merit.

2.  The evidence of record in this case confirms that his promotion to captain was delayed through an administrative error and was not the fault of the applicant.

3.  As confirmed by the NGB advisory opinion, there was an apparent misunderstanding with the State as to who was to submit the promotion request to the Federal recognition section.  In the advisory opinion the Chief, Personnel Division, NGB, also stated that a 15 November 2008 date of rank takes into account the normal processing time for a promotion of this nature.  Therefore, it would be appropriate to adjust his date of rank to 15 November 2008, which is the earliest possible date.

4.  Although administrative negligence contributed to the slow processing of the applicant's promotion packet, it would be appropriate to adjust the applicant's effective date of promotion to captain and date of rank to 15 November 2008, which allows for the normal processing time for cases of this nature.

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 all Department of the Army records of the individual concerned be corrected by:

	a.  revoking his 23 March 2009 promotion to captain and the Federal recognition of his 23 March 2009 promotion to captain;

	b.  showing he was promoted to captain with a promotion effective date and date of rank of 15 November 2008;

	c.  showing he was granted Federal recognition of his promotion to captain effective 15 November 2008; and

	c.  paying to him all back pay and allowances due as a result of the above corrections.

2.  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 amending his records to adjust this date of rank to captain to 15 October 2008.



      ___________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)                                         AR20090007950



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ABCMR Record of Proceedings (cont)                                         AR20090007950



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