BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20100012665
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 date of rank (DOR) and effective date of promotion as a first lieutenant (1LT) from 4 May 2009 to 2 December 2008.
2. The applicant states that in accordance with National Guard Bureau (NGB) Policy Memorandum 10-004, dated 27 January 2010, the DOR should be corrected once he met the requirements of 18 months time in grade (TIG) or completed the 4 courses outlined in the policy letter, whichever is greater. In any case, he met the 18 months TIG on 4 November 2008 and had completed the last of the 4 courses (Aviation Basic Officer Leadership Course (BOLC-IIIA) on 2 December 2008.
3. The applicant provides a copy of NGB Policy Memorandum 10-004, dated 27 January 2010, Subject: Promotion of Aviation Officers to First Lieutenant; copies of NGB Special Orders Numbers 56 AR and 14 AR, dated 26 March 2010 and 10 June 2009, respectively; a copy of his Army Training Requirements and Resources System (ATRRS) transcripts; and a copy of his mobilization orders.
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant was appointed as a second lieutenant (2LT) in the Kentucky Army National Guard (KYARNG) and executed a DA Form 71 (Oath of Office - Military Personnel) on 4 May 2007.
2. His records also show he completed the following courses:
* BOLC on 19 September 2008
* Junior Officer Professional Development Course on 1 October 2008
* Army Survival, Evasion, Resistance, and Escape (SERE) Training Course on 26 October 2008
* Aviation BOLC, Part A, on 2 December 2008
* Army Dunker Training Course on 13 November 2008.
3. On 11 June 2009, Department of Military Affairs, KYARNG, published Orders 162-807 announcing his promotion to 1LT with a DOR and effective date of 4 May 2009.
4. On 26 March 2010, NGB Special Orders 56 AR extended him Federal Recognition for the purpose of promotion to 1LT with an effective date of 4 May 2009.
5. NGB Policy Memorandum 10-004, dated 27 January 2010, states that officers who entered flight school before 9 October 2009 may be promoted prior to completion of flight school provided they have completed the BOLC, Phase IIIA. It also states that BOLC IIIB is no longer a prerequisite for promotion. Upon completion of the following requirements, the Military Personnel Office will submit the officers Army Training Transcripts with the promotion packet to the NGB Federal Recognition Section. This transcript, obtained through ATRRS, serves as a DA Form 1059 (Service School Academic Evaluation Report) for promotion to 1LT only. For officers who entered flight school before 9 October 2009, the ATRRS transcripts must reflect completion of the Junior Officer Professional Development Course, Dunker Course, Aviation BOLC-IIIA, and Army SERE Course.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his effective date of promotion and DOR as a 1LT should be adjusted from 4 May 2009 to 2 December 2008.
2. The evidence of record shows the applicant was appointed as a 2LT on 2 May 2007. He met the TIG requirements and completed all the education requirements for promotion to 1LT on 2 December 2008; however, the NGB policy was not in effect at the time.
3. Nevertheless, per that same military guidance, the applicant met the requirements for promotion to 1LT on 2 December 2008. Therefore, he is entitled to adjustment of his promotion effective date and DOR to 1LT to
2 December 2008 and to payment of all back pay and allowances as a result of this correction.
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 NGB Special Orders Number 56 AR, dated 26 March 2010, to show that he was extended Federal recognition for the purpose of promotion to the grade of 1LT, effective 2 December 2008; and
b. paying him all back pay and allowances due as a result of this 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.
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