IN THE CASE OF:
BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20100025836
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 captain (CPT) from 14 July 2010 to 3 September 2009.
2. The applicant states he received promotion orders to CPT with a DOR of
3 September 2009 as an Army National Guard (ARNG) unit vacancy fill. He further states, in effect, the orders were revoked because he was under consideration by a Department of the Army (DA) Mandatory Promotion Selection Board.
3. The applicant provides his promotion and revocation of promotion orders.
CONSIDERATION OF EVIDENCE:
1. With prior enlisted service in the Regular Army and the ARNG, the applicant was appointed as a second lieutenant in the Ohio Army National Guard (OHARNG) and he executed an oath of office on 22 August 2004. He completed the Military Police Corps Officer Basic Course on 18 May 2006 and he was subsequently promoted to first lieutenant on 22 August 2006.
2. On 27 August 2009, the OHARNG submitted the officer for an ARNG unit vacancy promotion to CPT.
3. Orders 251-931, issued by the State of Ohio, Adjutant Generals Department, Columbus, OH, dated 8 September 2009, promoted the applicant to CPT with an effective date of promotion and DOR of 3 September 2009.
4. Orders 272-901, issued by the same headquarters, dated 29 September 2009, revoked Orders 251-93.
5. Based on the results of a DA Mandatory Promotion Selection Board, the officer was federally recognized (federally promoted as a Reserve of the Army) to CPT per National Guard Bureau (NGB) memorandum, dated 14 July 2010, with an effective date of promotion and DOR of 14 July 2010.
6. On 22 June 2011, an advisory opinion was obtained from the Acting Chief, Personnel Policy Division, NGB. The advisory official recommended disapproval of the applicant's request for correction of his DOR. The official further stated the relevant policy provides the effective date of promotion and DOR of an officer who is promoted after consideration by a DA Mandatory Promotion Selection Board cannot be before the date of the board results.
7. The advisory official noted that officers must have a unit vacancy promotion request submitted 90 days prior to being scheduled for consideration by a DA Mandatory Promotion Selection Board. The applicable business rules at the NGB call for late promotion requests to be returned without action pending the results of pending DA Mandatory Promotion Selection Board proceedings. A waiver of the 90-day blackout period was available, but the OHARNG did not submit a waiver request in this case.
8. On 22 June 2011, the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. The applicant did not respond.
9. NGB Policy Memorandum #10-068, subject: Suspense for Submission of Applications for the Federal Recognition of ARNG Officers in a Higher Grade by Way of Unit Vacancy Promotion, dated 3 November 2010, states for Soldiers in the zone of consideration for a Mandatory DA Promotion Selection Board, no application may be submitted for federal recognition of that officers promotion based on the results of a Federal Recognition Board within 90 days of the date the Mandatory DA Promotion Selection Board is scheduled to convene. Requests for waivers should include why compliance was not possible or why a waiver would be in the best interests of the ARNG. The mere fact the compliance may cause the federal recognition of a deserving Soldier to be delayed will not be sufficient to obtain a waiver.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DOR to CPT should be changed from 14 July 2010 to 3 September 2009.
2. The evidence of record shows the applicants unit vacancy promotion request was late when submitted on 27 August 2009. Additionally, there is no evidence which shows the OHARNG either intended to or requested a waiver in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________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) AR20100025836
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ABCMR Record of Proceedings (cont) AR20100025836
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