IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR 20110000360
 


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 the date of rank (DOR) and effective date of her promotion to lieutenant colonel (LTC) to 4 January 2007.

2.  The applicant states she was on Medical Hold with the Community Based Health Care Organization (CBHCO) and Wounded Warrior Unit undergoing treatment for an injury that occurred while she was deployed.  She was in a LTC Inspector General position within the Division Staff.  She held that position without benefit of being promoted to LTC by the command.  She was unaware that she could have been promoted during her time on Medical Hold and found out during as Soldier Readiness Processing (SRP).  She requests back pay and the DOR be changed to reflect the original DOR approved by the Department of the Army Selection Board.

3.  The applicant provides copies of:

* Memorandum, U.S. Army Human Resources Command (HRC), Subject:  Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty, dated 4 January 2007
* Orders A-12-630264, HRC, dated 12 December 2006
* Orders 164-1057, Texas Military Forces, Army National Guard, dated 
13 June 2007



CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the Texas Army National Guard (TXARNG) on 12 May 1989.  She continued to serve and was promoted to major effective 4 December 1999.

2.  Orders A-01-700475, HRC, dated 8 January 2007, announce she was retained on active duty for the purpose of voluntarily participation in a Reserve component medical holdover medical retention processing status for completion of medical care and treatment.  She was assigned to the Medical Retention Center at Fort Hood, TX, and attached to the Arkansas CBHCO, Camp Robinson, AR.  The reporting date was 21 January 2007 for a period to end 4 June 2007.  The period was later extended to
27 May 2008, and on 17 June 2008, the unexecuted portion of the orders was rescinded effective 11 June 2008.

3.  In support of her request, the applicant provides copies of:

	a.  Memorandum, HRC, St Louis, MO, Subject:  Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty, dated 4 January 2007, which announces she was selected for promotion to LTC.  The effective date of the promotion is shown as 17 February 2007, or the date Federal recognition (FEDREC) is extended in the higher grade.

	b.  Orders A-12-630264, HRC, Alexandria, VA, dated 12 December 2006, announcing she was retained on active duty for the purpose of voluntarily participating in the reserve component medical holdover medical retention processing program for completion of medical care and treatment.  She was to be assigned to the Medical Retention Center, Fort Hood, TX, with report date of 
8 December 2006 for a period of 179 days to end 4 June 2007.

	c.  Texas Military Forces, Army National Guard, Orders 164-1057, dated 
13 June 2007, which announce that effective 15 May 2007, she was transferred to the Inspector General, Headquarters and Headquarters Company 36th Infantry Division, Austin, TX. 

4.  Special Orders Number 108 AR, Departments of the Army and Air Force National Guard Bureau, dated 30 April 2009, announce she was extended Federal recognition as a LTC effective 30 April 2009.

5.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau (NGB), Arlington, VA.  The advisory official recommends the Federal Recognition granted in Order Number 108 AR, dated 30 April 2009 be amended to show she was promoted with an effective date and DOR of 11 June 2008, and that she receive all back pay and allowances as a result of that action.  

	a.  The advisory official noted that the 4 January 2007 HRC memorandum indicates the applicant was selected for promotion and eligible with an effective date of 17 February 2007, or the date FEDREC is extended in the higher grade.

 	b.  The advisory official also noted that National Guard Regulation (NGR) 600-100, [Commissioned Officers, Federal Recognition, and Related Personnel Actions] paragraph 8-2(b) states, “except as provided in this chapter, promotion will be accomplished only when an appropriate MTOE or TDA position vacancy in the grade exists in the unit.”  An email from TXARNG, dated 14 May 2011, states the applicant was placed in an 0-5 slot on 15 May 2007.  This is supported by TXARNG Order number 164-1057, dated
13 June 2007. 

	c.  The advisory official further points out that NGR 600-100, paragraph 
8-15(a)(3) states in part, “an ARNG commissioned officer, not on active duty, who is selected for promotion as a Reserve commissioned officer of the Army resulting from mandatory consideration may be extended Federal recognition in the higher grade, subject to the following conditions…the officer is medically qualified IAW AR 40-501 [Standards of Medical Fitness] and meets the height and weight standards IAW [in accordance with] AR 600-9 [The Army Weight Control Program].”  Human Resources Command (HRC) – Alexandria Order Number A-01-700475, dated 8 January 2007, places the applicant on Medical Retention.  HRC-St Louis Order Number A-01-70047R, dated 17 June 2008, rescinds the unexecuted portion of the order placing her on Medical Retention effective 11 June 2008.

	d.  The applicant has met all other criteria for promotion to LTC, having already been selected for promotion and placed in an 05 slot, the earliest she could be promoted is 11 June 2008..

6.  On 14 September 2011, the applicant was provided a copy of the advisory opinion for information in order to allow her the opportunity to submit comments or a rebuttal.  She has not responded.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DOR and effective date of promotion to LTC should be adjusted to 4 January 2007.  She was unaware she could have been promoted while she was on Medical Hold.
2.  The evidence of record shows that the applicant was selected for promotion to LTC with an effective date and DOR of 17 February 2007 or the date Federal recognition is extended in the higher grade.

3.  However, she was ordered to be retained on active duty with a reporting date of 8 December 2006.  The purpose was to voluntarily participate in the reserve component medical holdover medical retention processing program for completion of medical care and treatment.  Therefore, she was not medically qualified for promotion until the unexecuted portion of these orders was rescinded effective 11 June 2008. 

4.  The applicant has met all other criteria for promotion to LTC, having already been selected for promotion and placed in an O-5 slot, the earliest she could be promoted is 11 June 2008, which is the date the rescission of her medical hold status was effective.

5.  In view of the foregoing, the applicant’s State Army National Guard and Department of the Army records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by: 

   a.  correcting the applicant's State ARNG orders by showing she was promoted to lieutenant colonel, effective 11 June 2008;

   b.  voiding the applicant's Federal Recognition and orders promoting her to lieutenant colonel, effective 30 April 2009, and declare them to be of no force or effect; and 
   
   c.  showing that the applicant was extended Federal Recognition in the ARNG and promoted to lieutenant colonel/pay grade O-5, with a promotion effective date and date of rank of 11 June 2008, with payment of all back pay and allowances due as a result of this adjustment.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adjusting her DOR and effective date of promotion to LTC to 4 January 2007.



      ___________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)                                         AR20090008207



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ABCMR Record of Proceedings (cont)                                        AR20110000360



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