IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100028471
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 of his date of rank (DOR) for captain from 29 September 2010 to 20 May 2010.
2. He states that he was eligible for promotion to captain through a unit vacancy promotion on 22 April 2010. His promotion packet was not boarded until sometime in May 2010. He received state promotion orders promoting him to captain on 20 May 2010. His Federal recognition order was not published until 4 October 2010, with a DOR of 29 September 2010.
3. He provides:
* State captain promotion orders
* October 2010 Federal recognition orders
* Captain promotion memorandum
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he was appointed in the Texas Army National Guard (TXARNG), as a second lieutenant, effective 22 April 2006, with prior enlisted service. He was promoted to first lieutenant effective 22 April 2008.
2. Based on the required completion of 2 years of minimum time in grade, his promotion eligibility date (PED) for CPT was 22 April 2010.
3. On 20 May 2010, a Federal Recognition Examining Board (FREB) found him qualified for Federal recognition as a captain in the TXARNG.
4. TXARNG, Orders 145-1064, dated 25 May 2010, show the applicant was promoted to captain with a DOR of 22 April 2008 [sic (22 April 2010)] and an effective date of 20 May 2010. These orders show the effective date of promotion would be the date the National Guard Bureau (NGB) extended Federal recognition of the State promotion.
5. NGB Special Orders Number 220 AR, dated 4 October 2010, show the applicant was extended permanent Federal recognition and promotion to captain effective 29 September 2010.
6. On 4 October 2010, the NGB issued a memorandum through the State announcing the applicant's promotion to captain with a DOR and effective date of 29 September 2010.
7. In the processing of this case, an advisory opinion was provided by the Chief, Personnel Policy Division, NGB, on 16 May 2011. The advisory official reiterated the applicant's request. The official stated the applicant was promoted to captain by the TXARNG on 20 May 2010 per order number 145-1064, dated 25 May 2010. The applicant's promotion was considered by a 20 May 2010 FREB. The applicant was federally recognized in the higher rank effective 29 September 2010. Title 10, U.S. Code, section 14308, paragraph (f) states that "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 ARNG under section 307 or 310 of Title 10 shall be the date on which such Federal recognition in that grade is so extended." Also, in accordance with the Reserve Officer Promotion AC, section 1-2, "the effective date of promotion and DOR of an officer who is promoted under the position vacancy system will be the date the Chief, NBG, extends Federal recognition."
8. The advisory official also stated the applicant contends that he was eligible for promotion to captain on 22 April 2010. Upon coordination with the TXARNG, the FREB for April 2010 was held on 15 April 2010. The applicant was not eligible for promotion to captain until 22 April 2010. Therefore, the applicant's promotion packet had to be reviewed by the next board which was held on 20 May 2010. The State and advisory official concurred on the recommendation to deny the applicant's request.
9. On 6 May 2011, 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.
10. National Guard Regulation 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions) prescribes the procedures for processing all applications for Federal recognition. Chapter 8 states a commissioned officer must complete the minimum of 2 years in the lower grade for promotion to captain for a unit vacancy promotion.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is not entitled to an adjustment of his DOR for captain from 29 September 2010 to 20 May 2010.
2. The available evidence shows based on the completion of 2 years minimum time in grade his PED for a unit vacancy promotion to captain was 22 April 2010. An NGB official verified that based on his PED of 22 April 2010 he was not eligible for consideration by the FREB that was held on 15 April 2010. On 20 May 2010, a FREB found him qualified for Federal recognition as a captain in the TXARNG. The State issued orders promoting him to captain effective 20 May 2010. The NGB issued orders federally recognizing and promoting him to captain with a DOR and effective date of 29 September 2010. This is the earliest DOR for which he was eligible.
3. In view of the foregoing, it is concluded he was promoted to captain and federally recognized with the earliest DOR he was eligible, in a timely manner, and he has not shown otherwise.
4. In view of the foregoing, there is no basis for granting his request.
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) AR20100028471
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