IN THE CASE OF:
BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100009370
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 show his effective date and date of rank for first lieutenant as 19 August 2008.
2. The applicant states, in effect, that his first lieutenant date of rank and effective date of 21 December 2008 should be changed to19 August 2008 based on a policy change that allows second lieutenants to be promoted to first lieutenant with 18 months time in grade.
3. The applicant provides no additional documentation in support of his application.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving as a first lieutenant with the North Carolina Army National Guard.
2. The applicant was appointed a second lieutenant and extended Federal recognition with a date of rank of 21 December 2006.
3. On 20 July 2007, the applicant successfully completed the Basic Officer Leadership Course.
4. On 19 August 2008, the Office of the Assistant Secretary, Manpower and Reserve Affairs, Washington, DC 20310-0111, issued a memorandum announcing the establishment of 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, provided they were otherwise qualified. This policy was effective on the date of the memorandum.
5. On 4 January 2009, the applicant was recommended for promotion to first lieutenant. The memorandum indicated that he had clearly demonstrated the required fitness for the responsibilities and duties of the higher grade and had passed the Army Physical Fitness test on 17 April 2008.
6. Orders 037-803, State of North Carolina, dated 6 February 2009, promoted the applicant to first lieutenant, with an effective date and date of rank of
21 December 2008.
7. Special Orders Number 33 AR, National Guard Bureau, dated 12 February 2009, announced the extension of Federal recognition for the applicant as a first lieutenant, effective 21 December 2008.
8. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau. The opinion recommended that the applicant's effective date and date of rank for first lieutenant be adjusted to 19 August 2008 based on the change in Army policy establishing a minimum of 18 months time in grade as a second lieutenant. The opinion contained enclosures from the National Guard Bureau Officer Policy Division and from the North Carolina Army National Guard, both supporting the recommended change in the applicant's dates for promotion to first lieutenant.
9. A copy of the advisory opinion was sent to the applicant on 2 March 2010 for his information and opportunity to rebut. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show his effective date and date of rank for first lieutenant as 19 August 2008.
2. The evidence clearly shows the applicant completed 18 months time in grade as a second lieutenant on 21 June 2008. Furthermore, he completed the Officer Basic Leadership Course on 20 July 2007, and he had been subsequently recommended for promotion. Accordingly, he was fully qualified for promotion as of 19 August 2008, the date of the change in Army policy reducing the minimum time in grade for promotion to first lieutenant to 18 months.
3. In view of the above, the applicant's request should be granted.
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 the appropriate orders to show the applicant was promoted to first lieutenant, pay grade O-2, and extended Federal recognition with an effective date and date of rank of 19 August 2008; and
b. auditing his military pay records and paying him any monies due as a result of the above 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) AR20100009370
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ABCMR Record of Proceedings (cont) AR20100009370
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