IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100017774
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) to first lieutenant (1LT) to reflect 17 February 2010 instead of 12 April 2010.
2. The applicant states his DOR to 1LT is currently 12 April 2010. He contends he has 18 months time in grade and completed the Officer Basic Course (Basic Officer Leaders Course II). Having met the requirements for promotion to 1LT, he should have been promoted with his peers.
3. The applicant provides a copy of his DA Form 1059 (Service School Academic Evaluation Report), dated 3 June 2009; DA Form 1059, dated 5 March 2010; Joint Force Headquarters, Tennessee National Guard (TNARNG) Orders Number 147-807, dated 27 May 2010; and Army National Guard (ARNG) Special Orders Number 111 AR, dated 28 May 2010.
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant's record shows he was granted temporary Federal recognition and appointed in the TNARNG on
17 August 2008 as a 2nd lieutenant (2LT) in the Adjutant General's Corps, with duty as a Public Affairs Officer.
2. He graduated from the Adjutant General BOLC Course III on 5 June 2009 and he completed the Public Affairs Qualification Course on 5 March 2010.
3. Joint Force Headquarters, TNARNG, Nashville, TN, Orders 147-807, dated
27 May 2010, promoted him to 1LT with an effective date 12 April 2010.
4. On 28 May 2010, NGB Special Orders Number 111 AR extended him Federal recognition for the purpose of promotion to 1LT with an effective date of 12 April 2010.
5. During the processing of this case, on 21 January 2011, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB. The advisory official recommended approval of the applicants request to have his effective date of promotion and DOR to 1LT corrected to show 17 February 2010, and restoration of back pay and allowances.
6. On 24 January 2010, a copy of the advisory opinion was forwarded to the applicant for his information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
7. National Guard Regulation (NGR) 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions), provides procedures for processing applications for Federal recognition. Paragraph 2-1 states commissioned officers of the ARNG are appointed by the several States under Article 1, Section 8 of the U.S. Constitution. These appointments may be federally recognized by the Chief, NGB under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation. Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the ARNG of the United States if they have not already accepted such appointment. Paragraph 2-2 states the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oath of office in the State.
8. Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs memorandum, dated 19 August 2008, and NGB Policy Memorandum Number 08-035, dated 25 November 2008, subject: Reduction in Time in Grade for Promotion to First Lieutenant from 24 Months to 18 Months, established the Department of the Army policy authorizing Reserve Component second lieutenants to be promoted with a minimum of 18 months of time in grade and completion of a BOLC. The effective date of promotion will not be prior to 19 August 2008.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant executed his oath of office to 2LT on
17 August 2008, graduated from his BOLC on 5 June 2009, and had 18 months time in grade as of 17 February 2010; therefore, he met all the requirements for promotion to 1LT.
2. In view of the foregoing, the applicant's request should be granted.
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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by:
a. issuing NGB Federal Recognition Special Orders showing he was extended Federal recognition for promotion to 1LT effective and with a date of rank of 17 February 2010; and
b. paying him all back pay and allowances due as a result of these corrections.
____________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) AR20100017774
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ABCMR Record of Proceedings (cont) AR20100017774
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