IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100020856
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, in effect, correction of his date of rank (DOR) for promotion to the rank of major (MAJ) from 2 August 2010 to 29 September 2008.
2. The applicant states, in effect, an error occurred in applying Joint Force Headquarters G-1 policy requiring all New Jersey Army National Guard (NJARNG) Active Guard Reserve (AGR) officers have the same DOR of 2 August 2010. He further states that with his DOR for captain (CPT) being 30 September 2003, his DOR for MAJ should have been 29 September 2008, which was 5 years of time in grade minus 1 day.
3. The applicant provides State promotion orders and Federal recognition orders to CPT and to MAJ.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a second lieutenant in the NJARNG on 27 August 1999. He was promoted to the rank of first lieutenant on 27 August 2001 and to the rank of CPT on 30 September 2003. He was promoted to the rank of MAJ on 2 August 2010.
2. In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau (NGB) which opined that the applicant was promoted to
the rank of MAJ on 2 August 2010 based on being assigned to a higher-graded position on 1 August 2010; however, he should have been promoted to the rank of MAJ on 1 August 2010. Officials at NGB also stated the applicant was promoted earlier than he would have been promoted based on reaching the maximum 7 years of time in grade and recommended only that his DOR be adjusted to 1 August 2010. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
3. Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers, other than General Officers) provides in paragraph 4-21d that AGR officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade. An AGR officer who is selected for promotion by a mandatory promotion board, but who is not assigned/attached to a position in the higher grade, will be promoted on the date of assignment/attachment to a higher-graded position or the day after release from AGR status. The DOR will be the date the officer attained maximum time in grade or the date on which assigned/attached to a position in the higher grade, whichever is earlier. Table 2-1 states the maximum years (mandatory promotion) in grade required as a CPT for promotion to MAJ is 7 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DOR for promotion to the rank of MAJ should be 29 September 2008 instead of 2 August 2010 has been noted and appears to lack merit.
2. The applicant was promoted to the rank of MAJ the day after he was assigned to a higher-graded position and prior to the maximum 7 years of time in grade (not 5 years time in grade). While he should have been promoted to the rank of MAJ on 1 August 2010 instead of 2 August 2010, he has not provided evidence to show he should have been promoted 29 September 2008.
3. Accordingly, his DOR should be corrected to show he was promoted to the rank of MAJ on 1 August 2010 instead of 2 August 2010.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ __X_____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was promoted to the rank of MAJ on 1 August 2010 instead of 2 August 2010.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adjusting his DOR for promotion to MAJ to 29 September 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) AR20100020856
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ABCMR Record of Proceedings (cont) AR20100020856
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