IN THE CASE OF:
BOARD DATE: 4 February 2010
DOCKET NUMBER: AR20090010999
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 his military records to adjust his date of rank for first lieutenant, pay grade O-2, to June 2008.
2. The applicant states that he was originally commissioned on 29 May 2003. He resigned his commission on 21 January 2005. He entered the Army National Guard (ARNG) on 10 October 2007. He contends that he has served as a second lieutenant for more than 18 months and completed the officer basic course in June 2008.
3. The applicant provides copies of a memorandum from the Chief, Officer Personnel Management, Maryland ARNG (MDARNG); National Guard Bureau (NGB) Special Orders Number 108 AR, dated 30 April 2009; NGB Form 23B (ARNG Retirement Points History Statement); DD Form 214 (Certificate of Release or Discharge from Active Duty); NGB Form 22 (Report of Separation and Record of Service); NGB Form 22A (Correction to NGB Form 22); MDARNG Orders 042-035, dated 11 February 2005; and two NGB Forms 337 (Oaths of Office), dated 29 May 2003 and 28 April 2004, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's NGB Form 23B shows he served in the Regular Army from 9 October 1992 through 5 June 1999. The applicant was transferred to the ARNG effective 6 June 1999.
2. An NGB Form 337, dated 29 May 2003, shows the applicant executed an oath of office as a second lieutenant in the New York ARNG.
3. An NGB Form 337, dated 28 April 2004, shows the applicant executed an oath of office as a second lieutenant in the MDARNG.
4. An NGB Form 22 shows the applicant was honorably separated from the MDARNG by reason of resignation on 21 January 2005.
5. On 10 October 2007, the applicant was appointed as a second lieutenant in the MDARNG. He was assigned as a transportation officer with the 1229th Transportation Company located in Baltimore, Maryland.
6. A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant successfully completed the Transportation Basic Officer Leader Course on 24 June 2008.
7. NGB Special Orders Number 108 AR, dated 30 April 2009, announced the applicant's extension of Federal recognition in the ARNG as a first lieutenant, pay grade O-2, effective 10 April 2009.
8. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, NGB. The opinion recommended that the applicant's date of rank and effective date for first lieutenant, pay grade O-2, be changed from 10 April 2009 to 24 June 2008. It further recommended that the applicant receive all back pay and allowances due as a result of this action.
9. On 19 November 2009, a copy of the advisory opinion was mailed to the applicant for his information and opportunity to rebut. No response has been received.
10. National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides, in pertinent part, the criteria for promotion of commissioned officers to the rank of first lieutenant, pay grade O-2. Promotion to first lieutenant requires completion of any officer basic course.
11. NGB Personnel Policy Memorandum 08-035, dated 25 November 2008, and Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs) memorandum, dated 19 August 2008, state in pertinent part that "this memorandum establishes Department of the Army Policy authorizing Reserve Component second lieutenants on the Reserve Active Status List to be promoted to first lieutenant with a minimum of 18 months' time in grade and completion of the Basic Officer Leadership Course if otherwise qualified."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his date of rank should be changed based on his basic officer course completion date.
2. The available evidence clearly shows the applicant completed all requirements for promotion to first lieutenant, to include the basic officer course, on 24 June 2008.
3. In view of the above, the applicant met the qualifications for promotion to first lieutenant effective 24 June 2008. Therefore, his effective date and date of rank should be changed to 24 June 2008. He should also receive all back pay and allowances due as a result of this correction.
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. amending National Guard Bureau Special Orders Number 108 AR, dated 30 April 2009, to show his effective date and date of rank as 24 June 2008 and
b. auditing his finance records and paying him all back pay and allowances due as a result of this correction.
____________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) AR20090010999
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