IN THE CASE OF:	

		BOARD DATE:	  29 June 2010

		DOCKET NUMBER:  AR20100009973 


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 date of rank (DOR) to first lieutenant be corrected to show he was promoted at 18 months time in grade (TIG), on 8 March 2009, as provided for in National Guard Bureau (NGB) memorandum (Policy #10-004), dated 27 January 2010.

2.  The applicant states he was commissioned on 8 September 2007 and started Flight School on 22 May 2008.  He states the Department of the Army (DA) released a policy memorandum, dated 19 August 2008, authorizing Reserve component second lieutenants on the reserve active-status list to be promoted with a minimum of 18 months TIG and completion of the Basic Officer Leadership Course (BOLC).  However, when he, and fellow aviation second lieutenants, submitted their promotion packets at 18 months they were told the revised TIG requirements did not apply to them.  He states when he reached his 24 month TIG on 8 September 2009 he was told he could not be promoted until he received his DA Form 1059 (Service School Academic Evaluation Report) showing he completed BOLC.  

3.  The applicant provides copies of:

* Office of the Deputy Chief of Staff, G1 memorandum, dated 22 December 2006
* Office of the Assistant Secretary, Manpower and Reserve Affairs memorandum, dated 19 August 2008
* NGB memorandum Policy #10-004, dated 27 January 2010
* NGB Special Orders Number 9 AR, dated 14 January 2008, for Federal Recognition to second lieutenant effective 8 September 2007
* NGB Special Orders Number 278 AR, dated 17 November 2009, for Federal Recognition to first lieutenant effective 14 October 2009
* NGB Memorandum, dated 18 November 2009, promoting him to first lieutenant in the U.S. Army Reserve
* his transcripts from the Army Training Requirements and Resources System (ATRRS)
* Federal Recognition orders for second and first lieutenant and ATRRS transcripts for one of his peers
* electronic mail (email) messages concerning his promotion, dated from 
6 April to 2 September 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned a second lieutenant in the Texas Army National Guard (TXARNG) on 8 September 2007 and received Federal Recognition effective that date.

2.  The applicant entered Flight School on 22 May 2008.  According to his transcripts in ATRRS he completed the:

* IERW (initial entry rotary wing) (Common Core) Junior Officer Professional Development Course on 3 June 2008
* Dunker Course on 17 June 2008
* Aviation Basic Officer Leader (IIIA) Course on 8 September 2008
* Army SERE (Survival, Escape, Resistance and Evasion) Level C Course on 20 July 2008

3.  On 8 March 2009, the applicant had 18 months TIG as a second lieutenant.

4.  The applicant's DA Form 1059, dated 14 October 2009, shows the applicant completed his Flight School training on 14 October 2009.

5.  The applicant was promoted to first lieutenant on 14 October 2009 and NGB Special Orders Number 278 AR, dated 17 November 2009, granted the applicant Federal Recognition for first lieutenant effective 14 October 2009.

6.  In the processing of this case an advisory opinion was provided by the Chief, Personnel Division, NGB.  NGB recommended approval of only so much of the applicant's request to backdate his promotion to 13 May 2009.  NGB states that although the applicant reached 18 months TIG in the lower grade on 8 March 2009, he needed to complete BOLC III Part B.  NGB states because he completed BOLC III Part B on 13 May 2009 this was the earliest he could be considered for promotion.

7.  The applicant was provided a copy of this opinion and given 30 days to submit matters in rebuttal; however, no response has been received.

8.  Office of the Assistant Secretary, Manpower and Reserve Affairs memorandum, dated 19 August 2008, authorized Reserve Component second lieutenants on the reserve active-status list to be promoted with a minimum of 
18 months TIG and completion of the Basic Officer Leadership Course, if otherwise qualified.

9.  NGB memorandum Policy #10-004, dated 27 January 2010, clarified the promotion requirements for Aviation officers to first lieutenant.

	a.  Paragraph 4 states officers who entered Flight School before 9 October 2009 may be promoted prior to the completion of Flight School, provided they have completed BOLC III Part A.  BOLC III Part B had been removed (effective 
9 October 2009) from the former Flight School Course and is no longer a prerequisite for promotion eligibility.

	b.  Paragraph 6 provides guidelines when determining what requirements must be met before an officer may be considered for promotion to first lieutenant. 

	c.  Paragraph 6a states for officers who entered Flight School prior to 
9 October 2009, the ATRRS Transcript must reflect completion of the:

* IERW (initial entry rotary wing) (Common Core) Junior Officer Professional Development Course 
* Dunker Course 
* Aviation Basic Officer Leader (IIIA) Course 
* Army SERE (Survival, Escape, Resistance and Evasion) Level C Course 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DOR to first lieutenant should be 8 March 2009, as provided for in the NGB memorandum Policy #10-004, dated 27 January 2010.

2.  The advisory opinion recommended approval of only so much of the applicant's request to provide for a change of his DOR to 13 May 2009.  NGB stated he needed to complete BOLC III Part B.
3.  Paragraph 4 of NGB Memorandum Policy #10-004, dated 27 January 2010, is specific in that it states officers who entered Flight School prior to 9 October 2009 are eligible for promotion to first lieutenant if they had completed BOLC III Part A.

4.  Paragraph 6a of NGB Memorandum Policy #10-004 listed the courses required to be completed prior to promotion for those officers who entered Flight School prior to 9 October 2009.

5.  The applicant entered Flight School on 22 May 2008 and reached 18 months TIG as a second lieutenant on 8 March 2009.  His transcripts in ATRRS show he had completed all of the requirements listed in paragraph 6a of NGB Memorandum Policy #10-004 for promotion to first lieutenant by 8 September 2008.  

6.  In view of the above, notwithstanding the opinion provided by NGB, the applicant met the requirements for promotion to first lieutenant at the time he had completed 18 months TIG as a second lieutenant.  Therefore, it is appropriate to change the applicant's effective date of promotion to first lieutenant and DOR to  8 March 2009.  In addition, it is appropriate to award him permanent Federal recognition for promotion to first lieutenant with an effective date of 8 March 2009 with entitlement to any back pay and allowances that may be due as a result of this action.

BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

	a.  Changing the applicant's effective date of promotion and DOR to first lieutenant to 8 March 2009;

	b.  Amending NGB Federal Recognition Special Orders Number 278 AR, dated 17 November 2009, to show that he was extended Federal recognition effective 8 March 2009 in the grade of first lieutenant with entitlement to back pay and allowances based on this adjustment.

2.  Additionally, the Defense Finance and Accounting Office (DFAS) should audit the applicant's pay records and provide the applicant any pay and allowances due him based on the above corrections.



      _______ _   _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)                                         AR20100009973





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ABCMR Record of Proceedings (cont)                                         AR20100009973



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