IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20100028699
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 APPLICNAT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests an adjustment to his date of rank (DOR) for captain from 31 August 2010 to 16 July 2009, or to the effective date of the Puerto Rico Army National Guard (PRARNG) Orders, dated 24 March 2010.
2. The applicant states he met the minimum time in grade for promotion to captain on 16 July 2009 and had been in a commanding position since
14 February 2009. He submitted all of his documentation as soon as he met the minimum requirements for promotion to captain.
3. The applicant provides a copy of his command orders and his promotion orders.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he was appointed in the PRARNG as a second lieutenant, effective 16 August 2005. He was promoted to first lieutenant effective 16 July 2007.
2. Based on the required completion of 2 years of minimum time in grade, his promotion eligibility date (PED) for captain was 16 July 2009.
3. On 17 February 2009, the applicant was placed in a captain position in accordance with PRARNG Orders Number 048-501.
4. On 4 March 2010, the applicant appeared before a Federal Recognition Examining Board (FRB).
5. On 24 March 2010, the PRARNG issued Orders Number 083-520 promoting the applicant to captain with an effective date of 24 March 2010.
6. On 31 August 2010, the applicant was Federally Recognized as a captain.
7. In the processing of this case, an advisory opinion was provided by the Acting Chief, Personnel Policy Division, NGB, on 9 August 2011. The advisory official reiterated the applicant's request. The official stated the applicant was promoted to captain by the PRARNG on 24 March 2010 in accordance with Orders Number 083-520, dated 24 March 2010. The applicant was Federally Recognized in the higher rank effective 31 August 2010.
8. 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."
9. On 10 August 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.
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 31 August 2010 to 16 July 2009, or to
24 March 2010.
2. The NGB issued orders Federally Recognizing and promoting him to captain with a DOR and effective date of 31 August 2010. This is the earliest DOR for which he was eligible.
3. In view of the evidence, it is concluded the applicant 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 this 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) AR20100028699
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ABCMR Record of Proceedings (cont) AR20100028699
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