IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100019659
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 an adjustment to his date of rank (DOR) to captain by including his time as a captain while serving on active duty (AD) during the period 1 December 2001 through 20 August 2003.
2. The applicant states he believes the error occurred during the boarding process when he entered the Army National Guard (ARNG). He adds that it is his understanding that as an ARNG officer he is entitled to retain credit for his time in grade on AD.
3. The applicant provides:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 August 2003
* U.S. Total Army Personnel Command, Alexandria, VA, Order Number 339-010, dated 5 December 2001
* National Guard Bureau (NGB) Special Orders Number 274 AR, dated
16 November 2009
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 30 May 1998. He was assigned to the armor branch with a specialty of 12A (Armor General).
2. U.S. Total Army Personnel Command, Order Number 339-010, dated 5 December 2001, shows he was promoted to the rank of captain with an effective date and DOR of 1 December 2001.
3. The DD Form 214 he was issued at the time shows he was honorably released from active duty (REFRAD) on 20 August 2003 for miscellaneous/
general reasons. This form shows he completed a total of 5 years, 2 months, and 21 days of creditable active service. Item 12h (Effective Date of Pay Grade) of his DD Form 214 shows the entry "20011201."
4. His NGB Form 23A (ARNG Current Annual Statement) shows he had a civilian break in service during the period 21 August 2003 through 18 August 2009. The appropriate column shows all entries were verified with the entry of a "V" on each line.
5. An NGB 337 (Oaths of Office) contained in his personnel record show he was appointed in the North Carolina ARNG (NCARNG) in the rank of captain on
19 August 2009.
6. NGB Special Orders Number 274 AR, dated 16 November 2009, shows he was extended Federal recognition for the purpose of initial appointment in the ARNG in the rank of captain, effective 19 August 2009.
7. Title 10, U.S. Code, section 12207, states that for the purpose of determining the grade and the rank within grade of a person receiving an original appointment as a reserve commissioned officer (other than a commissioned warrant officer) in the Army, Navy, Air Force, or Marine Corps, the person shall be credited at the time of the appointment with any commissioned service (other than service as a commissioned warrant officer) performed before such appointment as a regular officer, or as a reserve officer in an active status, in any armed force.
8. In the processing of this case, on 22 February 2011, an advisory opinion was obtained from the NGB, Chief, Personnel Policy Division. The advisory official recommended approval of the applicant's request for correction of his date of rank from 19 August 2009 to 21 February 2005. The advisory official indicated the applicant had a civilian break of 3 years, 2 months, and 20 days and he was not given credit for his prior time served as captain. The advisory official stated that the applicant was appointed into the NCARNG effective 19 August 2009.
9. The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows he was REFRAD on 20 August 2003 and he was appointed into the NCARNG effective 19 August 2009.
2. There is no evidence of any U.S. Army Reserve service following REFRAD. His verified NGB Form 23A shows he had a civilian break in service during the period 21 August 2003 through 18 August 2009. Notwithstanding, the advisory opinion regarding the basis for adjusting his date of rank and the length of his civilian break, there is no evidence he is eligible for any credit for time in grade as a captain outside that which he earned while serving on AD.
3. Evidence indicates the date of rank assigned to the applicant at the time of his reappointment in the ARNG should have credited him with his time served as a captain on AD. Therefore, he is entitled to adjustment of his date of rank in his current ARNG records.
4. Based on the results of the calculations below, he is entitled to correction of his ARNG records to show his date of rank to captain as 29 November 2007 instead of 19 August 2009.
2003-08-20 separation date from RA
2001-12-01 effective date and DOR for promotion to captain on AD
1-08-19
+ 1 provides for inclusive dates
1-08-20 total time in grade as captain on AD
2009-08-19 date reappointed in the NCARNG
- 1-08-20 AD time in grade
2007-11-29 adjusted date of rank to captain
5. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 adjusting his date of rank to captain to show 29 November 2007.
___________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) AR20100019659
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100019659
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100021115
IN THE CASE OF: BOARD DATE: 11 August 2011 DOCKET NUMBER: AR20100021115 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He was transferred from the USAR to the North Carolina ARNG (NCARNG) in the rank of CPT and executed an oath of office on 28 June 2007. This memorandum states that ARNG officers recommended for promotion to the grades of CPT through lieutenant colonel mobilized under Title 10, U.S. Code , and who are on an approved mandatory selection board promotion list who reach their...
ARMY | BCMR | CY2014 | 20140013887
He was promoted to SFC/E-7 on 1 May 2003. A WO must complete the minimum years of promotion service as shown in table 7-1 (2 years in the lower grade for promotion to CW2) and the educational requirements of table 7-2 (completion of WOBC) of NGR regulation 600-101 to attain eligibility for promotion and receive Federal recognition in the higher grade. Additionally, the NCARNG published the State promotion order promoting him to CW2 on 8 March 2011.
ARMY | BCMR | CY2014 | 20140001767
Therefore, the Federal recognition orders amended his DOR of 1LT to 15 August 2010 and he was promoted to CPT on 17 July 2013. d. Army Regulation 165-1 (Army Chaplain Corps Activities), paragraph 7-9, states, "Chaplain Candidates will complete Chaplain BOLC as soon as possible. e. Army Regulation 165-1, paragraph 7-10, states, "An Army Promotion list (APL) Board meets annually to promote 1LTs to CPT (promotion to CPT requires completion of Chaplain BOLC)." However, this office (i.e.,...
ARMY | BCMR | CY2010 | 20100028247
c. He was selected for State promotion in the Army National Guard (ARNG) with follow-on Federal recognition (FEDREC) orders, effective 27 May 2010. d. He states that DA promotion policy for officers selected for promotion who are mobilized provides for automatic eligibility for promotion by the date of the mobilization order. The State promoted the applicant to MAJ on 27 May 2010 while he was deployed. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130014920
The evidence of record shows the applicant was appointed as a 2LT in the NCARNG and he executed an Oath of Office on 20 August 2011. He was extended Federal recognition for his initial appointment in the NCARNG as a 2LT with an effective date and DOR of 6 March 2013. It appears the expiration of his temporary Federal recognition was an administrative error on the part of the State and he should have been extended Federal recognition for his initial appointment as a 2LT with an effective...
ARMY | BCMR | CY2009 | 20090002410
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Title 10, USC, Subtitle E (Reserve Components), Part III (Promotion and Retention of Officers on the Reserve Active Status List (RASL)), section 14004, states that except as otherwise provided by law, an officer must be on a Reserve active-status list to be eligible under chapter 1405 of this title for...
ARMY | BCMR | CY2011 | 20110021083
At that time, his Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the State of Michigan for endorsement to NGB for extension of permanent Federal recognition. The evidence of record shows the applicant was promoted to 1LT with an effective date and DOR of 29 July 2009. As a result, the Board recommends that all the State ARNG and Department of the Army records of the individual concerned be corrected by: a. issuing him orders to show he...
ARMY | BCMR | CY2009 | 20090016782
The advisory opinion states the recommendation is in accordance with the DA Office of the Deputy Chief of Staff G-1 amendment to a policy memorandum, dated 14 January 2005, which states all Reserve Component officers (USAR and ARNG of the United States) in the rank of second lieutenant will be promoted by the Human Resources Command Office of Promotions (Reserve Components) or the NGB, as appropriate, to first lieutenant when they meet the 24-month time-in-grade requirement for promotion and...
ARMY | BCMR | CY2001 | 20010007766
The applicant states he was selected for promotion to MAJ in July 2008 and he was eligible for promotion upon mobilization to active duty on 11 February 2009 in support of Operation Iraqi Freedom (OIF); however, his Federal Recognition orders show a promotion date of 21 October 2009. 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...
ARMY | BCMR | CY2010 | 20100028253
The applicant provides: * National Guard Bureau (NGB) Special Orders Number 110 AR, dated 27 May 2010 * Mobilization Orders 292-085, dated 19 October 2009 * his Personnel Qualification Record - Officers/Warrant Officers, prepared on 23 November 2009 * a Memorandum for Record, dated 2 October 2010 * NGB Policy Memorandum 04-0025, dated 1 September 2004 * North Carolina Adjutant General letter to his Member of Congress, dated 24 February 2010 CONSIDERATION OF EVIDENCE: 1. The available...