IN THE CASE OF:
BOARD DATE: 12 November 2009
DOCKET NUMBER: AR20090011494
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, in effect, amendment of his active duty orders to reflect his rank as first lieutenant.
2. The applicant states, in effect, he was promoted to first lieutenant on 14 April 2009 and extended Federal recognition on 30 April 2009 in the Arkansas Army National Guard (ARNG) prior to entering active duty. He also states, in effect, that he was originally "scrolled" for appointment in the Regular Army on 27 February 2009 as a second lieutenant. He was promoted to first lieutenant between the time of his assignment to the ARNG and entering active duty. He was advised that he had two options for correcting his rank, he could either enter active duty and get it fixed or continue to stay in a Reserve status until the issue was fixed.
3. In support of his application, the applicant provides copies of his second lieutenant appointment memorandum and Federal recognition orders, his first lieutenant promotion and Federal recognition orders, his active duty orders, his separation orders, his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), his Federal recognition withdrawal orders, a scroll of the individuals appointed in the Regular Army Medical Service Corps, and his active duty oath of office.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he was appointed in the Arkansas ARNG Medical Service Corps as a second lieutenant effective 28 December 2007 with a date of rank of 6 November 2007.
2. Arkansas ARNG Orders 104-888, dated 14 April 2009, were issued showing the applicant was promoted to first lieutenant with an effective date of 14 April 2009.
3. U.S. Army Human Resources Command (HRC), St. Louis, Missouri, Orders A-04-911958, dated 23 April 2009, were issued showing the applicant was ordered to active duty in a voluntary indefinite status in the rank of second lieutenant with a reporting date of 2 June 2009.
4. NGB Special Orders Number 108 AR, dated 30 April 2009, were issued showing the applicant was extended Federal recognition in the rank of first lieutenant with an effective date of 14 April 2009.
5. Arkansas ARNG Orders 149-830, dated 29 May 2009, were issued showing the applicant was separated from the Arkansas ARNG in the rank of first lieutenant effective 1 June 2009. He was also issued an NGB Form 22 which shows he was separated in the rank of first lieutenant with a date of rank of 14 April 2009. He was transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve).
6. NGB Special Orders Number 134 AR, dated 2 June 2009, were issued withdrawing the applicants Federal recognition based on his transfer to the USAR. His rank is shown as first lieutenant.
7. The applicant was appointed in the Regular Army Medical Service Corps as a first lieutenant effective 1 June 2009.
8. The applicant submitted a copy of a scroll of individuals appointed in the Regular Army Medical Service Corps. His name is listed with the rank of first lieutenant.
9. In an advisory opinion, dated 10 September 2009, the Chief, Personnel Division, NGB, reiterated the applicant's request. The NGB Personnel Division recommended approval of the applicants request to amend HRC
Orders A-04-911958, dated 23 April 2009, to reflect the rank of first lieutenant. The recommendation is based on the documentation which shows the applicants promotion to first lieutenant effective 14 April 2009, prior to entering the Regular Army on 1 June 2009. NGB Special Orders Number 108 AR, dated 30 April 2009, and Arkansas ARNG Orders 104-888, dated 14 April 2009, indicate the applicant was promoted to first lieutenant 14 April 2009.
10. The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 30 September 2009 and he concurred 1 October 2009.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is entitled to an amendment to his active duty orders HRC St. Louis Orders A-04-911958, dated 23 April 2009, to reflect his rank as first lieutenant.
2. The evidence shows that the applicant was promoted to first lieutenant effective 14 April 2009 while serving in the Arkansas ARNG. On 23 April 2009, HRC issued orders ordering the applicant to active duty. The orders show his rank as second lieutenant. The applicant was separated from the Arkansas ARNG on 1 June 2009 and entered active duty on 2 June 2009. The evidence shows the applicant was promoted to first lieutenant prior to entering active duty; therefore, his active orders should be corrected to reflect the rank of first lieutenant.
3. It is concluded that based on a matter of equity and the support for favorable consideration expressed by the NGB Personnel Division, the applicant should be granted relief as recommended.
4. In view of the foregoing, the applicants Department of the Army records should be corrected 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 amending HRC St. Louis Orders A-04-911958, dated 23 April 2009, to reflect the applicants rank as first lieutenant and providing him with corrected orders based on this action and by paying him any 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.
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