BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20090016782 


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 his effective date of promotion to first lieutenant be adjusted to 19 November 2008 (this date was changed from 19 May 2009 based on his response to the advisory opinion).

2.  The applicant states:

* he was commissioned as a second lieutenant through the Early Commissioning Program (ECP)
* he took his oath of office on 19 May 2007
* he was sworn into the Virginia Army National Guard (VAARNG) on 23 August 2007
* the National Guard Bureau (NGB) amended his effective date of promotion to first lieutenant to 23 August 2009 because that date was the 2-year mark from the date he was sworn into the VAARNG

3.  The applicant provides:

* DA Form 71 (Oath of Office - Military Personnel)
* NGB Form 0122E (NGB Special Orders)
* NGB Form 337 (Oaths of Office)
* Reserve Officers' Training Corps (ROTC) orders



CONSIDERATION OF EVIDENCE:

1.  Having prior service in the U.S. Army Reserve (USAR), the applicant enlisted in the ARNG on 27 December 2005.  On 4 May 2007, he was selected for the ROTC ECP and was reassigned to the USAR Control Group (Officer Active Duty Obligor (OADO)) effective 19 May 2007.  He was appointed as a Reserve commissioned officer in the rank of second lieutenant on 19 May 2007.

2.  On 23 August 2007, the applicant executed the oaths of office in the grade of second lieutenant in the VAARNG and was granted temporary Federal recognition.  VAARNG Orders 242-010, dated 30 August 2007, show he was appointed in the VAARNG in the rank of second lieutenant effective 23 August 2007.

3.  NGB Special Orders Number 207 AR, dated 11 August 2008, show the applicant was granted Federal recognition for initial appointment as a second lieutenant effective 23 August 2007.

4.  VAARNG Orders 014-031, dated 14 January 2009, show the applicant was promoted to first lieutenant effective 19 November 2008.

5.  NGB Special Orders Number 180 AR, dated 27 July 2009, show the applicant was granted Federal recognition for promotion to first lieutenant effective 23 August 2009.

6.  On 23 February 2010, VAARNG Orders 242-010, dated 30 August 2007, which show the applicant was appointed in the ARNG in the rank of second lieutenant effective 23 August 2007, were amended to show his effective date was 19 May 2007.

7.  The applicant completed the Adjutant General Basic Officer Leaders Course (BOLC) on 5 March 2010.

8.  In the processing of this case, a staff advisory opinion was obtained from the NGB Personnel Division.  That office recommends the applicant's promotion effective date and date of rank (DOR) be adjusted to 19 May 2009.  The opinion points out:

* the applicant became a member of the Missouri ARNG on 27 December 2005
* he was selected for the ROTC ECP and assignment to the USAR Control Group (OADO) effective 19 May 2007
* he signed a DA Form 71 on 19 May 2007 as a second lieutenant
* he was appointed in the VAARNG effective 23 August 2007
* he received his initial appointment as a second lieutenant effective 23 August 2007
* he met the 2-year time-in-grade requirement for promotion on 19 May 2009

9.  The advisory opinion states the recommendation is in accordance with the DA Office of the Deputy Chief of Staff G-1 amendment to a policy memorandum, dated 14 January 2005, which states all Reserve Component officers (USAR and ARNG of the United States) in the rank of second lieutenant will be promoted by the Human Resources Command Office of Promotions (Reserve Components) or the NGB, as appropriate, to first lieutenant when they meet the 24-month time-in-grade requirement for promotion and complete the officer basic course (OBC).  In the case of ARNG officers, the State will publish a State promotion order and forward it to NGB no earlier than 90 days prior to the officer meeting the minimum time-in-grade requirement provided the officer has completed the OBC and is otherwise eligible for promotion.

10.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  On 30 March 2010, the applicant responded.  In summary he requests that his promotion effective date and DOR to first lieutenant be adjusted to 19 November 2008 instead of 19 May 2009 due to the reduction in the time-in-grade requirement for Reserve Component officers to first lieutenant from 24 months to 18 months.  He points out that the VAARNG adjusted his initial appointment as a second lieutenant from 23 August 2007 to 19 May 2007, but he received a memorandum stating Reserve Component second lieutenants could be eligible for promotion to first lieutenant with 18 months of time in grade.  He indicates the memorandum was signed on 19 August 2008 and by 19 November 2008 he had 18 months of time in grade as a second lieutenant.  He believes he met the criteria of the memorandum because he was commissioned through the ECP and ECP second lieutenants could be promoted to first lieutenant without completion of OBC.  If he is qualified, he would like his DOR and promotion effective date to first lieutenant corrected to 19 November 2008 instead of 19 May 2009 based on the time-in-grade memorandum.  If his request is not favored, he would like his DOR and promotion effective date to first lieutenant adjusted to 19 May 2009 as recommended by the advisory opinion.

11.  The applicant provided a copy of the memorandum for the Deputy Chief of Staff G-1, dated 19 August 2008, subject:  Reduction in the Time in Grade Requirement for Promotion of Reserve Component Officers to First lieutenant.  The memorandum establishes DA policy authorizing Reserve Component second lieutenants on the Reserve Active-Status List to be promoted with a minimum of 18 months of time in grade and completion of the BOLC, if otherwise qualified.

12.  Paragraph 12.9(b) of National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) states ECP officers will be scheduled to attend a resident OBC as soon as possible following graduation from the bachelor's degree program by the Commander, Human Resources Command - St. Louis.  Paragraph 12.9(c) of this regulation states that during the 36 months they are allowed to complete the bachelor's degree, ECP second lieutenants may be promoted to first lieutenants without first attending OBC at 24 months of commissioned service, but may not be promoted to captain until successfully completing OBC, officer advanced course, and baccalaureate degree requirements.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 19 May 2007.  He met the time-in-grade requirement for promotion to the grade of first lieutenant on 19 May 2009.

2.  Although the applicant requests his effective date of promotion to first lieutenant be adjusted to 18 November 2008 based on the 19 August 2008 memorandum, the memorandum authorizes Reserve Component second lieutenants on the Reserve Active-Status List to be promoted with a minimum of 18 months of time in grade and completion of OBC.  He did not complete OBC until 5 March 2010.

3.  In accordance with National Guard Regulation 600-100 which states ECP second lieutenants may be promoted to first lieutenants without first attending OBC at 24 months of commissioned service, it would be equitable to correct his military records to show he was awarded permanent Federal recognition for promotion to first lieutenant effective 19 May 2009.

4.  Based on equity, the applicant is entitled to have NGB Special Orders Number 207 AR, dated 11 August 2008, amended to show his DOR as a second lieutenant is 19 May 2007.  The effective date of 23 August 2007 is correct as currently constituted.

5.  Based on equity, the applicant is entitled to have NGB Special Orders Number 180 AR, dated 27 July 2009, amended to show the effective date of permanent Federal recognition in the grade of first lieutenant is 19 May 2009.



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

	a.  amending NGB Special Orders Number 207 AR, dated 11 August 2008, to show his DOR as a second lieutenant is 19 May 2007 and

	b.  amending NGB Special Orders Number 180 AR, dated 27 July 2009, to show that he was extended permanent Federal recognition for promotion to first lieutenant effective 19 May 2009.

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 adjusting his effective date of promotion to first lieutenant to 18 November 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)                                         AR20090016782



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ABCMR Record of Proceedings (cont)                                         AR20090016782



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