IN THE CASE OF:	  

		BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100011555 


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 records to adjust his date of rank (DOR) to first lieutenant (1LT) from 10 October 2008 to 12 May 2008 and, in effect, restoration of back pay and allowances as a result of this correction.

2.  The applicant states he was promoted to 1LT after having served 29 months in the rank of second lieutenant (2LT) and after completion of the Engineer Basic Officer Leader Course (EBOLC).  His unit took over 6 months to process his promotion to 1LT and his DOR was not backdated to the minimum required time-in-grade (TIG) as a 2LT.

3.  The applicant provides copies of the following documentation in support of his request:

* memorandum, dated 31 July 2007, subject:  Request for Retroactive Commissioning
* National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 13 May 2006
* DA Form 71 (Oath of Office - Military Personnel), dated 12 May 2006
* DD Form 220 (Active Duty Report), dated 13 November 2006
* appointment and/or promotion orders to 2LT and 1LT
* active duty for training orders
* NGB Form 62E (Application for Federal Recognition as an Army National Guard (ARNG) Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the ARNG of the United States)
* DA Form 1059 (Service School Academic Evaluation Report), dated 10 October 2008
* course completion certificates
* college transcripts from Prairie View Agricultural and Mechanical University
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 October 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he initially enlisted in the Georgia ARNG (GAARNG) on 12 February 2001 for a period of 6 years.  After the completion of basic combat and advanced individual training, he was awarded military occupational specialty 63Y (Track Vehicle Mechanic).  On 19 August 2002, he enlisted in the U.S. Army Reserve (USAR) in the Reserve Officers' Training Corps (ROTC) for a period of 8 years.

2.  After his completion of the ROTC Program at Prairie View Agricultural and Mechanical University, the applicant took an oath of office on 12 May 2006 as a Reserve commissioned officer.  On 13 May 2006, the applicant was transferred from the USAR to the ARNG.  He accepted an appointment as a 2LT in the Texas ARNG (TXARNG) and executed the oaths of office on that same date.

3.  On 18 December 2007, NGB Special Orders Number 316 AR granted the applicant permanent Federal recognition for initial appointment to the rank of 2LT in the TXARNG effective 12 May 2006.

4.  On 21 April 2009, NGB Special Orders Number 99 AR granted the applicant permanent Federal recognition for appointment to the rank of 1LT in the TXARNG effective 10 October 2008.

5.  His records show that he completed the BOLC at Fort Benning, GA, on 14 December 2006.

6.  A copy of his DD Form 214 shows he completed the EBOLC Phase III at Fort Leonard Wood, MO, on 10 October 2008.

7.  In the processing of this case, an advisory opinion was obtained from the Personnel Policy Division, NGB.  That office recommended disapproval of the applicant's request to adjust his DOR to 1LT and provided confirmation that the applicant's State Adjutant General concurred with the recommendation.  In accordance with National Guard Regulation 600-100 (Commissioned Officer - Federal Recognition and Related Personnel Actions), paragraph 8-9, and Army Regulation 135-155 (ARNG and USAR Promotion of Commissioned Officers and Warrant Officers Other than General Officers), paragraph 2-8, officers must meet the minimum TIG and military education requirements for promotion to 1LT.  The minimum TIG required by Title 10, U.S. Code, section 14303, is 18 months; however, the applicant was not eligible for promotion until he completed his military education on 10 October 2008.  This DOR is reflected on his Federal recognition order, dated 21 April 2009.

8.  On 13 September 2010, the applicant was furnished a copy of the advisory opinion; however, he did not respond.

9.  National Guard Regulation 600-100 provides procedures for processing all applications for Federal recognition.  Paragraph 8-9 states that the minimum education requirement for promotion to 1LT is the completion of any officer basic course or equivalent group III course.  In pertinent part, the group III course is listed as Branch School Course (BOLC - Active Component).

10.  Army Regulation 135-155, paragraph 2-1, states that an officer in the grade of 2LT will be considered for promotion without review by a selection board.  The officer's records will be screened to determined eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date the promotion service is completed in compliance with table 2-1 or table 2-3 of this regulation.

11.  Table 2-2 (Military Educational Requirements Commissioned Officers Other than Commissioned Warrant Officers Grade) of Army Regulation 135-155 states that 2LT's must complete a resident officer basic course to be eligible for promotion to 1LT.

12.  NGB Personnel Policy Memorandum 08-035, dated 25 November 2008, and Office of the Assistant Secretary of the Army for 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 2LT's on the Reserve Active Status List to be promoted to 1LT with a minimum of 18 months of TIG and completion of the BOLC if otherwise qualified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DOR to 1LT should be corrected to read 12 May 2008 and he should be restored back pay and allowances as a result of this correction.  His contentions are noted; however, the evidence of record does not support his contentions.

2.  With respect to the applicant's promotion to 1LT, the evidence of record shows the applicant completed phase III of the EBOLC on 10 October 2008.  In accordance with Army and NGB regulatory guidance, completion of a resident officer basic course is required to be eligible for promotion to 1LT.

3.  In the applicant's case, the EBOLC was the final phase of a three-phase course.  His DD Form 214 for the period ending 10 October 2008 shows he completed phase III of this course on the same date.  The advisory opinion obtained from the NGB also noted the applicant's DOR to 1LT was based on the completion of his required military education and recommended disapproval of his request for adjustment.  Therefore, there is no basis to grant the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________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)                                         AR20100011555



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ABCMR Record of Proceedings (cont)                                         AR20100011555



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