IN THE CASE OF:
BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100022484
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) for promotion to captain (CPT)/pay grade O-3 from 31 August 2010 to 22 April 2010.
2. The applicant states, that the results of the December 2009 Chaplaincy Captain Promotion Board were signed by the Secretary of Defense on 22 April 2010, but his State National Guard Headquarters was not notified until 16 July 2010. As a result he was promoted to Captain with a DOR of 31 August 2010. He should have a DOR of 22 April 2010.
3. The applicant provides copies of an email from his State Officer Personnel Management Branch Chief and the National Guard Bureau (NGB) orders granting him Federal Recognition as a captain effective 31 August 2010.
CONSIDERATION OF EVIDENCE:
1. The applicant, a Hawaii Army National Guard (HIARNG) officer, was selected for promotion by the December 2009 Chaplaincy Captain (CPT) Promotion Board.
2. He was promoted to CPT effective 31 August 2010.
3. During the processing of this case, an undated advisory opinion was obtained from the Chief, Personnel Policy Division, NGB. The advisory official recommended adjusting the applicant's DOR to 22 April 2010. The advisory official stated that the applicant was boarded by the December 2009 Chaplaincy First Lieutenant to Captain Promotion Board. The State was told they would be notified upon receiving the results of the board however, there was a delay in getting the information to the State. Although the results were available on
22 April 2010, the State did not receive notification until 16 July 2010.
4. The advisory official further states that the evidence indicates the applicant was eligible and should have been promoted to CPT with an effective date of
22 April 2010.
5. On 1 October 2010, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. No response was received.
6. Title 10, U.S. Code, section 14038, paragraph (f), states the effective date of a promotion of a Reserve commissioned officer of the Army who is extended Federal recognition in the next higher grade in the Army National Guard under section 307 or 310 of Title 32 shall be the date on which such Federal recognition in that grade is so extended.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show he was promoted to CPT effective and with a DOR of 22 April 2010.
2. The evidence of record shows the applicant was found qualified for promotion and he was selected for promotion to CPT on 22 April 2010.
3. The NGB recommends approval of his request.
4. Therefore, in view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's records to show he was promoted to CPT effective and with a DOR of 22 April 2010. Federal recognition should also be granted effective 22 April 2010.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
a. showing he was promoted to the rank of CPT effective and with a DOR of 22 April 2010, and
b. granting Federal recognition in the rank of CPT effective and with a DOR of 22 April 2010.
2. As a result of the above corrections, the Defense Finance and Accounting Service shall be notified of the Board's determination and to remit all back pay (i.e., pay and allowances, less any withholdings and/or deductions) that may be due as a result of the correction.
_______ _ __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) AR20100013074
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