IN THE CASE OF:	  

		BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100012468 


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, adjustment to his promotion effective date and date of rank to captain (CPT) from 18 March 2010 to 10 October 2008 and all back pay and allowances due as a result of the correction.

2.  The applicant states:

a.   the Secretary of the Army Memorandum, Subject:  Army Reserve and
Army National Guard Chaplain Corps, certified he was fully qualified promotion to CPT on 10 October 2008;

b. Puerto Rico Army National Guard (PRARNG) Order Number 13-523,
dated 14 May 2009, promoted him to CPT on 14 May 2009; and

c. he was granted Federal recognition in the CPT rank on 18 March 2010, in
error.

3.  The applicant provides the following documents in support of his application:

* reassignment order dated 26 June 2007
* Federal recognition order dated 11 October 2007
* DA Form 67-9 (Officer Evaluation Report) dated through 6 April 2008 and 6 April 2009
* Secretary of the Army Memorandum
* CPT promotion order (State)
* National Guard Bureau (NGB) CPT promotion and Federal recognition order
* NGB promotion memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that after having prior enlisted service, he was appointed a Reserve commissioned officer in the rank of first lieutenant (1LT) in the Chaplains Branch of the United States Army Reserve (USAR) and extended Federal recognition in the PRARNG on 19 April 2007.  His 1LT DOR was 19 April 2007.

2.  Department of the Army and the Air Force NGB, Special Orders Number     244 Army, dated 11 October 2007, amended the applicant’s 1LT DOR to read  19 April 2006 instead of 19 April 2007.

3.  On an unknown date, the Chief of Chaplains, Office of the Chief of Chaplain, notified the Secretary of the Army that the applicant was:

a. eligible for promotion consideration to the next higher grade by a selection
board convened under Title 10, United States Code, section 14101(a);

b. needed at the rank of CPT to accomplish mission objectives; and

c. fully qualified for promotion to CPT.

4.  On 14 May 2009, the PRARNG published orders promoting the applicant to CPT effective 14 May 2009.  This order stipulated that the applicant would not be paid as promoted until Federal recognition was issued. 

5.  On 18 March 2010, the Department of the Army and the Air Force, NGB, issued Special Order Number 50 AR.  This order announced that the applicant was extended Federal Recognition in the ARNG on 18 March 2010, for the purpose of promotion to CPT, effective on that same date.

6.  On 18 March 2010, the Chief, Personnel Division, NGB issued a memorandum announcing the applicant’s promotion to CPT effective and with a DOR of 18 March 2010.

7.  In connection with the processing of this case, an advisory opinion was obtained from the NGB, Chief of the Personnel Division.  This official indicated the following:

a. the applicant was fully qualified for promotion to CPT on the October 2008
board;

b. the applicant’s promotion to CPT was not completed until 18 March 2010
due to administrative errors made during the processing of his promotion due to a mismatch in his assignment as a chaplain;

c. during the NGB’s processing of the applicant’s Federal recognition on
17 February 2010, it was discovered that the applicant was erroneously assigned to a medical position based on the Total Army Personnel Database-Guard (TAPDB-G) which caused the rejection of his promotion and a further delay in his promotion process;

d. on 18 June 2010, during a conference call between the NGB-ARP
representative and the NGB, Personnel Chaplain, the Personnel Chaplain concurred with the NGB-ARP’s recommendation for partial approval of the applicant’s request for correction of his CPT DOR and effective date of promotion to CPT to reflect 14 May 2009, and receipt of all back pay and allowances;

e. he cited National Guard Regulation (NGR) 600-100, chapter 8,
paragraph 8-1, which provides the promotion of officers in the ARNG is a function of the State; and

f. the PRARNG‘s intent was to promote the applicant on 14 May 2009, but
due to administrative errors and challenges during the promotion process, the applicant’s promotion was adversely delayed.

8.  On 14 August 2010, the applicant provided a response to the NGB advisory opinion which included 14 pages of electronic mail (e-mail) communication.  In it he stated:

a. the advisory opinion indicates it was the PRARNG’s intent to promote him
to CPT on 14 May 2009; however, he was not promoted until months after making persistent contact with PRARNG officials regarding the status of his promotion, on 18 March 2010;

b. his 1LT DOR in the PRARNG is 19 April 2006, he performed well, and
received an outstanding officer evaluation report, qualifying him for promotion in April 2008;

   c. he complied with PRARNG’s request as evidenced in their email dated     9 July 2009, his promotion documentation made it to the October 2008 promotion board, and he was informed he was selected for promotion;
d. he exercised due diligence in inquiring about his promotion; however,
certain PRARNG officials demonstrated a lackadaisical attitude toward his concerns and inquiries and were negligent in their duty to promote him, resulting in his promotion to CPT 18 months after being found promotable and having been in the grade of 1LT for more than two years; and

e. he respectfully implores this Board to grant his promotion to CPT with an
effective date and DOR of 10 October 2008 and not 14 May 2009, as indicated in the advisory opinion.

9.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers of the USAR.  Section II provides guidance on promotion dates.  It states, in pertinent part, that the promotion of commissioned officers cannot be prior to the date on which the promotion memorandum is issued.  In addition, the officer must already be assigned or attached to a position in the higher grade or, if an Individual Ready Reserve (IRR) or Individual Mobilization Asset (IMA) officer selected by a mandatory promotion board, must have completed the maximum years of service in grade in the current grade.

10.  National Guard Regulation 600-100 provides the policies and procedures governing promotion of ARNG officers other than general officers.  It states, in pertinent part, that the promotion of ARNG officers is a function of the State.  It further indicates that unit vacancy promotions of qualified officers are based on the recommendations of the member's immediate commander, properly endorsed by all commanders concerned and the Adjutant General.  It also provides procedures for processing all applications for Federal recognition by the NGB. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his CPT effective date and DOR should be corrected to show 10 October 2008 instead of 18 March 2010, in accordance with the Office of the Chief of Chaplains memorandum that selected him for promotion.

2.  The evidence of record in this case confirms the Chief of Chaplains promotion memorandum indicated the applicant was eligible for, fully qualified, and recommended for promotion to CPT.  It did not announce his selection for promotion as he claims.  Subsequently, the PRARNG published orders promoting the him to CPT effective on 14 May 2009; however, it stipulated he would not be paid as promoted until Federal recognition was issued.

3.  The evidence confirms that administrative errors made during the promotion processing and a mismatch in the applicant’s assignment to a medical position adversely delayed the applicant’s CPT promotion.  As a result, he was not extended Federal recognition and promoted to CPT until 18 March 2010.  By regulation, the promotion of ARNG officers is a function of the State.  Therefore, the applicant’s records should be corrected to show he was extended Federal Recognition and promoted to CPT on 14 May 2009, the date the PRARNG intended to promote the applicant as evidenced by the CPT promotion orders.

4.  In view of the facts of this case, it would be appropriate and serve the interest of justice to correct the applicant's record to show he was promoted to CPT and granted Federal recognition in that grade on 14 May 2009 and by providing him any back pay and allowances due as a result of this change.

5.  Absent any evidence that the applicant was ever or should have been officially selected for promotion to CPT on 10 October 2008 by the PRARNG, there is no basis upon which to grant this portion of the requested relief.

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 showing he was promoted to captain and granted Federal recognition in that grade on 14 May 2009, effective and with a date of rank of that date; and by providing him any back pay and allowances due as a result.

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 changing his captain promotion date to 10 October 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)                                         AR20100012468





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ABCMR Record of Proceedings (cont)                                         AR20100012468



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