IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20100028253
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 adjustment of his effective date of promotion and date of rank (DOR) to major (MAJ) from 27 May 2010 to 4 December 2009 and back pay and allowances as a result of this correction.
2. The applicant states his request is based on an administrative error by his chain of command. He states the error has been acknowledged by the North Carolina Army National Guard (NCARNG) Adjutant General who advised his Member of Congress he may request an adjustment of his DOR through this venue.
3. 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 applicant was appointed as a reserve commissioned officer of the United States Army under Title 10 as a second lieutenant and he executed an oath of office on 21 December 1994. On 5 October 2001, he was appointed in the NCARNG as a first lieutenant. He served in various staff and command positions, completed several military training courses, and he was promoted to captain (CPT) on 4 December 2002.
2. On 9 July 2009, he was considered and selected for promotion to MAJ by the Department of the Army Mandatory Promotion Board.
3. On 7 November 2009, he was ordered to active duty as a member of his unit for a period not to exceed 400 days in support of Operation Enduring Freedom (OEF).
4. On 10 May 2010, the Joint Force Headquarters, NCARNG, published Orders 130-834 promoting him to MAJ with an effective date and DOR of 10 May 2010.
5. On 27 May 2010, the NGB published Special Orders 110 AR extending him Federal recognition for promotion to MAJ effective 27 May 2010.
6. During the processing of this case, on 14 June 2011, an advisory opinion was obtained from the Personnel Policy Division, NGB. The advisory official recommended approval of the applicant's request that his effective date and DOR to MAJ should be adjusted to reflect the date he reached maximum time in grade (TIG) as a CPT, which was 4 December 2009.
7. On 15 June 2011, 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. He did not respond.
8. NGB Memorandum, subject: Clarification of the Policy to Promote DA Select Mobilized Officers at Maximum Time in Grade (TIG) (NGB-ARH Memorandum
#04-0025), dated 1 September 2004, states in paragraph 3 that ARNG officers recommended for promotion to the grades of CPT through lieutenant colonel under the provisions of Title 10, U.S. Code, sections 12301, 12302, and 12304, who are on an approved mandatory selection board promotion list who reach their maximum TIG will be promoted to the next higher grade without regard to position vacancy unless that officer has voluntarily delayed or declined promotion.
9. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers, Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve and ARNG officers. Chapter 2 (Promotion Eligibility and Qualification Requirements), Table 2-1 (TIG Requirements for Commissioned Officers, Other Than Commissioned Warrant Officers), provides, in pertinent part, that the minimum TIG as a CPT for promotion to MAJ is 4 years and the maximum TIG is 7 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his effective date and DOR to MAJ should be changed from 27 May 2010 to 4 December 2009.
2. The available evidence shows the applicant was promoted to CPT on
4 December 2002. He was selected for promotion to MAJ by the Department of the Army Mandatory Promotion Board on 9 July 2009 and he was federally recognized as a MAJ with an effective date of 27 May 2010 per NGB Special Orders Number 110 AR. He reached his maximum TIG of 7 years as a CPT on 4 December 2009.
3. There is no evidence that he voluntarily delayed or declined promotion. Although he was mobilized to active duty under Title 10, U.S. Code, section 12302, on 7 November 2009, he attained maximum TIG as a CPT on
4 December 2009 while he was on active duty. Therefore, he is entitled to an adjustment of his effective date and DOR to MAJ from 27 May 2010 to
4 December 2009 and retroactive pay and allowances from 4 December 2009 through 26 May 2010.
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 State Army National Guard records and Department of the Army records of the individual concerned be corrected by:
a. amending Special Orders Number 110 AR, dated 27 May 2010, to show he was extended Federal recognition for the purpose of promotion to MAJ with an effective date and DOR of 4 December 2009, and
b. directing the Defense Finance and Accounting Service to audit the applicant's pay records and provide the applicant any pay and allowances due him based on the above 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) AR20100028253
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ABCMR Record of Proceedings (cont) AR20100028253
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