IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100017346
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 that his date of rank (DOR) to first lieutenant (1LT) be corrected to 20 February 2010.
2. The applicant states due to an administrative error his promotion to 1LT was delayed until 29 March 2010.
3. The applicant provides copies of his 16 December 2008 initial appointment orders, 28 August 2008 State appointment orders, 29 March 2010 State promotion orders, Service School Academic Evaluation Report for the Military Police (MP) Officer Basic Course, and a 9 October 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a second lieutenant, MP, in the Army National Guard effective 20 August 2008.
2. He served on active duty for training from 7 June 2009 through 9 October 2009, completing the MP Officer Basic Course at that time.
3. Puerto Rico National Guard Element Orders 088-540, dated 29 March 2010, promoted the applicant to 1LT effective the same date.
4. On 22 April 2010, Federal recognition was extended to the applicant effective 29 March 2010.
5. An advisory opinion from the National Guard Bureau, dated 28 February 2011, opined that through no fault of the applicant's, his promotion to 1LT was delayed and he should have been promoted effective 20 February 2010. It was recommended that the applicant's DOR be corrected and that he be entitled to all back pay and allowances based on the earlier effective date of promotion.
6. On 7 March 2011 the applicant concurred with the advisory opinion.
7. Nation Guard Bureau memorandum, dated 25 November 2008, subject: Reduction of Time in Grade (TIG) Requirements for Promotion of Reserve Components Officers to 1LT, reduced the TIG for promotion to 18 months provided they completed their officer basic course.
DISCUSSION AND CONCLUSIONS:
1. The applicant met the requirements for promotion to 1LT effective 20 February 2010. Through no fault of his own his promotion was delayed until 28 March 2010.
2. It is appropriate to correct the records to show the applicant was promoted to and received Federal recognition as a 1LT effective 20 February 2010.
3. The Defense Finance and Accounting Service (DFAS) should be directed to audit the applicant's pay records and afford him any and all additional pay and allowances based on the earlier effective date of promotion.
BOARD VOTE:
____X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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. correcting the applicant's DOR and date of Federal recognition as a 1LT to 20 February 2010 and
b. auditing the applicant's pay records and afford him any and all additional pay and allowances based on the earlier effective date of promotion.
____________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) AR20100017346
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ABCMR Record of Proceedings (cont) AR20100017346
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