IN THE CASE OF:
BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100012999
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 effective date and date of rank (DOR) as a major to 1 December 2008.
2. The applicant states that he was an Army National Guardsman on active duty when he reached his maximum time in grade on 1 December 2008. His promotion orders were not sent by his unit until October 2009.
3. The applicant provides copies of his mobilization orders and promotion documents.
CONSIDERATION OF EVIDENCE:
1. The applicant, a North Carolina Army National Guard (NCARNG) captain with a DOR of 1 December 2001, was selected for promotion to major by the 2008 Reserve Components Selection Board. On 11 June 2008, his name was placed on the approved selection board list published by the U.S. Army Human Resources Command.
2. In October 2008, he was ordered to report for pre-mobilization training on 1 December 2008. On 27 November 2008, he was ordered to report for active duty in support of Operation Iraqi Freedom.
3. The National Guard Bureau (NGB) published Special Orders Number 262 AR extending the applicant Federal Recognition as a major, effective 21 October 2009.
4. Joint Force Headquarters, NCARNG, published Orders 292-850 promoting him to major with an effective date and DOR of 19 October 2009.
5. On 29 March 2010 the Chief, Personnel Division, NGB recommended approval of the applicant's request. An advisory opinion stated that the effective date and DOR should be adjusted to reflect the date the applicant reached the maximum time in grade (TIG) as a captain, which was on 1 December 2008. NGB also stated that the applicant should receive retroactive pay and allowances from 1 December 2008.
6. The applicant was provided a copy of this advisory opinion but he did not respond.
7. NGB Memorandum Number 04-0025, dated 1 September 2004, Subject: Clarification of the Policy to promote DA (Department of the Army) Select Mobilized Officers at Maximum TIG states in paragraph 3 that ARNG officers recommended for promotion to the grades of captain through lieutenant colonel under the provisions of Title 10, U.S. Code (USC), sections 12301, 12302, and 12304, who are on an approved mandatory selection board promotion list who reach their maximum TIG will be promoted to the next higher grade without regard to position vacancy unless that officer has voluntarily delayed or declined promotion.
8. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers, Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve and Army National Guard officers. Chapter 2 (Promotion Eligibility and Qualification Requirements), Table 2-1 (Time in Grade Requirements Commissioned Officers, Other Than Commissioned Warrant Officers), provides, in pertinent part, that the minimum TIG as a captain for promotion to major is 4 years and the maximum TIG is 7 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his effective date and DOR to major should be changed to 1 December 2008.
2. The available evidence shows the applicant was promoted to captain on 1 December 2001. He was selected for promotion to major and his name was added to an approved mandatory selection board list for promotion. He reached his maximum TIG of 7 years as a captain on 1 December 2008, on which date he was mobilized.
3. Therefore, he is entitled to an adjustment of his effective date and DOR to 1 December 2008 and retroactive pay and allowances from that date.
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 State Army National Guard records and Department of the Army records of the individual concerned be corrected by:
a. amending NGB Special Orders Number 262 AR to show the effective date of Federal Recognition and his DOR as 1 December 2008; and
b. paying him retroactive pay and allowances from 1 December 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) AR20100012999
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ABCMR Record of Proceedings (cont) AR20100012999
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