IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20110000986
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 her date of rank (DOR) be adjusted to
11 August 2006.
2. The applicant states that as she was not accurately awarded constructive service credit (CSC) when she was appointed as a second lieutenant with effective date and DOR of 30 March 2006, rather than first lieutenant (1LT) with DOR of 11 August 2004. The Army Board for Correction of Military Records (ABCMR) granted her request (Docket #AR20090004900) to award her proper CSC and appoint her as 1LT effective 15 June 2005, with DOR 11 August 2004. That board did not grant her request to be promoted to captain (CPT) with effective date and DOR of 11 August 2006.
3. The applicant provides a copy of a memorandum from the Adjutant General, Wisconsin National Guard.
CONSIDERATION OF EVIDENCE:
1. The applicant is a captain in the Wisconsin Army National Guard (WIARNG).
2. She was initially appointed and given 10 months and four days CSC. The CSC was incorrectly calculated because it failed to award her 24 months for completion of her Master's Degree.
3. She petitioned the ABCMR and the Board granted her request
(Docket # AR20090004900) to award her proper CSC and appoint her as a 1LT effective 15 June 2005 and with DOR 11 August 2004. That Board did not grant her request to be promoted to captain (CPT) with effective date and DOR of
11 August 2006, because position vacancy promotions are a function of the State.
4. She was promoted to captain with effective date and DOR of
12 January 2009. Federal recognition of the promotion was granted on
14 January 2009.
5. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau (NGB), Arlington, Virginia.
a. The advisory recommends approval of the applicant's request for correction of her DOR to CPT from 12 January 2009 to 11 August 2006. The advisory official notes:
(1) The Board adjusted her initial appointment to 1LT with DOR of 11 August 2006. The Board did not grant her request for promotion to CPT stating that "position vacancy promotions are a function of the State."
(2) National Guard Regulation (NGR) 600-100, chapter 8-1 states in part "The promotion of officers in the Army National Guard (ARNG) is a function of the State." The intent of the State would have been to promote the applicant on
11 August 2006. The state does not have the means to provide the requested relief.
6. The applicant was provided a copy of the advisory opinion. She requested that the ABCMR favorably consider the NGB recommendation.
7. Title 10, U.S. Code, section 14038, paragraph (f), states 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 Army National Guard under section 307 or 310 of Title 32 shall be the date on which such Federal recognition in that grade is so extended. In addition, the Reserve Officer Personnel Management Act (ROPMA), section 1-2, provides that the effective date of promotion and DOR for an officer who is promoted under the position vacancy system will be the date the Chief, NGB, extends Federal recognition.
8. The memorandum she provided from the Wisconsin Adjutant General states that he "is confident CPT K--- would have been promoted on 11 August 2006 had she been initially appointed correctly."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DOR should be adjusted to11 August 2006. Her CSC was not accurately computed and her records did not reflect that she would have been eligible for promotion to captain on11 August 2006.
2. The Wisconsin Adjutant General stated that he would have supported her promotion and is confident she would have been promoted on 11 August 2006 had her initial CSC been calculated correctly.
3. Therefore, in view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's records to show she was promoted to CPT in the ARNGUS and WIARNG effective and with a DOR of 11 August 2006.
BOARD VOTE:
__X_____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing she was promoted to the rank of CPT effective and with DOR of 11 August 2006, and
b. granting Federal recognition in the rank of CPT effective and with DOR of 11 August 2006.
2. As a result of the above corrections, the Defense Finance and Accounting Service shall be notified of the Board's determination and to remit all back pay (i.e., pay and allowances, less any withholdings and/or deductions) that may be due as a result of the 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) AR20100013074
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110000986
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