IN THE CASE OF:	  

		BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20100029197 


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 his lieutenant colonel (LTC) date of rank (DOR) be adjusted to 1 February 2010.

2.  The applicant states his commander’s guidance was to submit his packet for immediate promotion into the vacant LTC executive officer position upon release of the promotion list on 21 January 2010.  He claims the promotion packet was submitted on 24 January 2010, and his unit began movement on a deployment to Kuwait/Iraq.  The packet was misplaced and it was resubmitted while they were in Kuwait.  They completed training and moved into Iraq and the promotion packet still had not been processed.  The packet was resubmitted on 14 March 2010, and he was promoted on 21 June 2010 into the vacant position that had existed the entire time his packet had been lost.

3.  The applicant provides:

* A memorandum from his commander, dated 20 October 2010
* State promotion orders to LTC effective 11 June 2010, dated the same
* State amendment orders, dated 28 June 2010
* National Guard Bureau promotion orders to LTC, dated 21 June 2010

CONSIDERATION OF EVIDENCE:

1.  While serving as a member of the Tennessee Army National Guard (TNARNG), the applicant was selected for promotion to LTC by the Headquarters, Department of the Army, LTC promotion selection board that was posted on or about 21 January 2010.  

2.  Orders 162-815, issued by the TNARNG, dated 11 June 2010, promoted the applicant to LTC, effective 11 June 2010 as a "Vacancy Promotion."  On
21 June 2010, he was federally recognized in that grade by the National Guard Bureau (NGB).  Orders 179-800, issued by the TNARNG, dated 28 June 2010, amended Orders 162-815 to read "DA Select Promotion" instead of a "Vacancy Promotion."

3.  The commander of the 278th Armored Cavalry Regiment, TNARNG provides a Memorandum for Record, dated 20 October 2010, that recommends the applicant’s LTC DOR be adjusted because of delays in the promotion process due to no fault of the applicant.  The commander verifies the position the applicant was promoted into was vacant at the time of the posting of the promotion board results in January 2010 and it was his guidance to immediately promote the applicant into the vacant executive officer position.  He further confirms that due to troop movements in support of Operation Iraqi Freedom, the applicant’s promotion packet was delayed.

4.  In connection with the processing of this case, on 6 July 2011, an advisory opinion was obtained from the Acting Personnel Policy Chief, NGB.  The advisory official confirms the applicant was selected for promotion to LTC and identified on the promotion list posted on 21 January 2010.  He further states the position in which the applicant was promoted was vacant at the time the promotion list was published and that it was the commander’s intent to promote the applicant into that position immediately upon publication of the promotion list.  The advisory official further confirms that due to troop movements as part of Operation Iraqi Freedom and administrative error, the applicant's promotion was delayed until 21 June 2010, through no fault of the applicant.  He recommends the effective date of the applicant’s promotion be changed to 1 February 2010.

5.  On 6 July 2011, the applicant was provided a copy of the NGB advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

6.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR).  Paragraph 4-21 provides guidance on promotion effective dates.  It states in the case of unit officers the effective date and date of promotion will be the date of assignment to the higher graded position.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change his promotion date to 1 February 2010 has been carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant was selected for promotion to LTC and he was placed on the promotion list published on 21 January 2010.  It further confirms the applicant’s commander recommended his immediate promotion based on his placement in a vacant LTC position as the unit’s executive officer, and that the initial promotion packet was submitted on 
24 January 2010.  It is further clear that the initial packet and subsequent packets were misplaced, lost, or not timely processed which delayed the applicant’s promotion until 21 June 2010.  This delay of his promotion was the result of unit deployment and administrative error and was through no fault of the applicant.  

3.  By regulation, the effective date and date of promotion for unit officers will be the date of assignment to the higher-graded position.  Therefore, given the unit commander and NGB confirm the applicant was assigned to the higher-graded position on 1 February 2010, it would be appropriate and serve the interest of justice and equity to correct effective date and DOR of the applicant’s promotion to LTC to 1 February 2010.  As a result of this correction, he is also entitled to all back pay and allowances due.

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 Department of the Army records of the individual concerned be corrected by:



	a.  correcting the effective date and DOR of his promotion to LTC to
1 February 2010, with Federal recognition effective that date, and

	b.  paying him all back pay and allowances due as a result of this 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)                                         AR20100029197



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ABCMR Record of Proceedings (cont)                                         AR20100029197



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