IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110005967 


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 correction of his Army National Guard (ARNG) records to show:

* he was branch transferred from Armor to Military Intelligence in October 2007
* he was promoted from first lieutenant (1LT) to captain (CPT) in June 2009

2.  The applicant states:

* his promotion packet was improperly handled and his branch transfer in 2007 was not processed correctly
* he was eligible for promotion to CPT in June 2009 and his promotion packet was submitted in March 2009
* no action was taken on his promotion
* documents were lost but never reported and for over 18 months he was given conflicting information
* he was told he could not get promoted because he was not in a Military Intelligence position
* his unit then moved him to an Armor position

3.  The applicant provides:

* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 67-9 (Officer Evaluation Report (OER)) for the period 18 August 2006 through 1 March 2007
* Georgia ARNG (GAARNG) Orders 161-012 (reassignment)
* GAARNG Orders 177-744 (reassignment)
* OER for the period 3 October 2008 through 2 June 2009
* DA Form 2-1 (Personnel Qualification Record)
* college transcripts
* Orders 035-022 (promotion to 1LT)
* OER for the period 3 June 2009 through 2 June 2010
* GAARNG Orders 202-748 (reassignment)
* official photograph
* email exchange
* multiple DA Forms 200 (Transmittal Record)

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the U.S. Navy and the ARNG, the applicant was appointed in the GAARNG as a second lieutenant and executed an oath of office on 12 December 2005 (later amended to show 12 March 2005).

2.  He entered active duty for training (ADT) on 6 October 2005 and completed the Armor Officer Basic Course.  He was released from ADT to the control of his ARNG unit on 9 June 2006.  He was assigned as a tank platoon leader in Company C, 1st Battalion, 108th Armor.

3.  He was promoted to 1LT on 12 March 2007 and he was issued orders by the National Guard Bureau (NGB) extending him Federal recognition for this promotion.

4.  On 10 June 2007, GAARNG published Orders 161-012 transferring him from the position of platoon leader to the position of Assistant S-2, 1st Battalion, 108th Armor.

5.  He attended and successfully completed the Military Intelligence Officer Tactician Course at Fort Huachuca, AZ, from 13 September to 11 October 2007.

6.  His OER for the period 2 March 2007 through 2 February 2008 shows he served as the Assistant S-2, Headquarters and Headquarters Troop (HHT), 1st Squadron, 108th Reconnaissance, Surveillance, and Target Acquisition.

7.  On 13 February 2008, GAARNG published Orders 044-125 transferring him from the position of Assistant S-2, 1st Battalion, 108th Armor, to a platoon leader position in Troop B, 3rd Battalion, 108th Cavalry.

8.  His OER for the period 3 October 2008 through 2 June 2009 shows he served as a scout platoon leader in Troop B, 3rd Battalion, 108th Cavalry.

9.  His OER for the period 3 June 2009 through 2 June 2010 shows he served as the S-2, HHT, 3rd Squadron, 108th Cavalry.

10.  On 8 September 2010, GAARNG published Orders 251-742 transferring him from the position of S-2, HHT, 3rd Squadron, 108th Cavalry, to the position of Assistant Plans Officer, 560th Battlefield Surveillance Brigade.

11.  On 27 April 2011, GAARNG published Orders 117-700 promoting him to CPT effective 26 April 2011.

12.  On 14 July 2011, NGB published Special Orders Number 160 AR extending him Federal recognition for this promotion effective 26 April 2011.

13.  On 31 January 2012, NGB provided an advisory opinion in the processing of this case.  NGB recommended partial approval to amend NGB Special Orders Number 160 AR and GAARNG Orders 117-700 to show his promotion effective date and date of rank as 12 October 2009 and payment of all back pay and allowances that may be due as a result of this correction.  NGB stated:

	a.  The applicant requests correction of his promotion effective date to CPT from 26 April 2011 to when he became eligible in June 2009.

	b.  NGB Federal recognition Special Orders Number 29 AR, dated 4 February 2008, show the applicant was initially appointed as a 2LT with an effective date of 12 March 2005.  He was promoted to 1LT with an effective date of 12 March 2007 per Federal recognition Special Orders Number 46 AR, dated 13 February 2008.  In accordance with National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions), section 8-8, the earliest the applicant was eligible for promotion to CPT was 12 March 2009.

	c.  The applicant implies that he submitted his promotion packet in March 2009 and his promotion packet was not submitted in a timely manner due to administrative delays at the unit level.

	d.  A transmittal letter, dated 16 September 2009, and an email, dated 15 December 2009, between unit GAARNG representatives confirm the applicant's promotion packet to CPT was received for action on 19 September 2009.  The email also reflects the applicant's packet sat until 2 December 2009 before a review was done on the packet or any errors were discovered.  A prior email from the GAARNG S-1, dated 10 November 2009, confirms the packet was read on 16 September 2009, but indicates there were errors discovered, to include an issue with the applicant's branch.  The same email indicates the promotion packet had never been submitted.  A GAARNG email, dated 4 November 2011, indicates the applicant's packet was not processed due to the action officer's absence for emergency surgery and the error where the applicant was not branch qualified had not been discovered at their level and had been returned without action by the Federal Recognition Section.

	e.  His OER for the period 3 June 2009 through 2 June 2010 shows the branch as military intelligence.  This would indicate the applicant was transferred from the armor branch to the military intelligence branch at some point.  A review of his official military personnel file to date does not show paperwork being generated to change his branch status.  The OER's prior to the above mentioned OER and the one following show his branch as armor.  Documentation has not been provided to show when the applicant actually branch transferred.  The applicant contends the transition took place in October 2007.  This is supported by the DA Form 1059 showing he completed the Military Intelligence Officer Tactician Course on 11 October 2007.

	f.  It appears documentation was not submitted and properly processed to address the applicant's transition from one branch to the other.  The applicant's promotion packet sitting for 3 months without any action or fixing the errors brought to the State's attention were a result of administrative errors and caused his promotion to be delayed.  The lack of available personnel to process the promotion packet due to the action officer's absence as a result of emergency surgery is no fault of the applicant.

	g.  As a result, the applicant should not be penalized for the delay caused by administrative errors beyond his control.  Taking into account approximately 120 days for a promotion packet to go through the necessary approval channels and be signed by the Secretary of Defense, the applicant's promotion effective date and date of rank should be no earlier than 12 October 2009.  The State concurs with this recommendation.  The applicant also concurred with this advisory opinion.

14.  National Guard Regulation 600-100 provides for management of officers in the ARNG.  It states the minimum years of service for promotion from 1LT to CPT are 2 years.  Additionally, the officer must have completed the officer basic course and must be fully qualified for promotion (health, weight, security, and other criteria).


DISCUSSION AND CONCLUSIONS:

1. The applicant was initially appointed as a 2LT in the GAARNG with an effective date of 12 March 2005.  His branch was armor.  He was promoted to 1LT as an armor officer with an effective date of 12 March 2007.

2.  He served as an assistant S-2 from March 2007 to March 2008 and he attended and successfully completed the Military Intelligence Officer Tactician Course at Fort Huachuca from 13 September to 11 October 2007.  It remains unclear whether he applied for a branch transfer or his application was processed.  Nevertheless, he was fully eligible for promotion to CPT on 12 March 2009 and for unknown reasons his promotion did not take effect.

3.  Also for unknown reasons, he served as an armor officer from October 2008 through June 2009 and then again as an S-2 from June 2009 through June 2010. 
The State ultimately published orders in April 2011, promoting him to CPT effective 26 April 2011.  This was followed by the NGB publishing Special Orders Number 160 AR extending him Federal recognition for this promotion also effective 26 April 2011.

4.  It is clear that administrative errors denied him the timely branch transfer from armor to military intelligence and timely Federal recognition for his promotion to CPT.  As a result, he should not be penalized for the delay caused by administrative errors beyond his control.  Taking approximately 120 days for a promotion packet to go through the necessary approval channels and be signed by the Secretary of Defense into consideration, the applicant's promotion date of rank and effective date should be adjusted to not earlier than 12 October 2009 with entitlement to back pay and allowances.

5.  In view of the foregoing, he is entitled to correction of his record 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 the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

* amending GAARNG Orders 117-700, dated 27 April 2011, to show he was promoted to CPT with a date of rank and effective date of 12 October 2009
* amending NGB Special Orders Number 160 AR, dated 14 July 2011, to show he was extended Federal recognition for the purpose of promotion to CPT effective 12 October 2009
* paying to him all back pay and allowances due as a result of the above correction
* correcting his branch from armor to military intelligence effective the date he completed the Military Intelligence Officer Tactician Course on 11 October 2007, if otherwise fully qualified

2.  The Board further determined 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 effective date and date of rank for promotion to CPT to show June 2009.



      ___________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)                                         AR20110005967



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110005967



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1