IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110006193 


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 to his date of rank for colonel (COL).

2.  He states his date of rank for promotion to COL should be adjusted due to administrative delays that were no fault of his own.  An Ohio Army National Guard (OHARNG) Federal recognition board (FRB) convened on 23 June 2010 and the packet was forwarded to the National Guard Bureau (NGB) for processing.  NGB returned the packet because all of the board members were not COL's.  A second FRB convened on 22 July 2010 and the packet was forwarded to NGB and accepted.  The administrative delay resulted in his Federal recognition orders being published and untimely affected his promotion.

3.  If the first FRB had consisted of all COL's his promotion packet would have been accepted at NGB when initially submitted on 28 June 2010.  Instead, his packet was returned to the OHARNG for correction and not boarded until 22 July 2010.  The administrative delay resulted in a 51-day delay of his Federal recognition.

4.  He provides:

* recommendation for promotion of officer memorandum, dated 17 May 2010
* request for his promotion memorandum, dated 16 June 2010
* OHARNG COL promotion orders, dated 14 June 2010


* Federal recognition packet entry forms, dated 28 June and 21 July 2010
* amended COL promotion orders, dated 21 July 2010
* correction of ARNG promotion effective date memorandum from the Officer Personnel Branch Chief, OHARNG, dated 7 March 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed as a captain (CPT) in the Indiana ARNG effective 1 November 1998 with prior enlisted and commissioned service.  He was promoted to major (MAJ) effective 4 February 2000.  He completed the Command and General Staff Officer Course on 6 May 2002.

2.  He was appointed as a MAJ in the OHARNG effective 15 September 2002.  He was promoted to lieutenant colonel (LTC) effective 14 April 2005.

3.  On 17 May 2010, he was recommended for promotion to COL.  The memorandum verified he met all requirements for promotion to the higher grade.

4.  In a memorandum, dated 16 June 2010, the OHARNG Human Resources Office Sergeant Major stated the applicant was an Active Guard Reserve Soldier assigned to a valid position for the recommended promotion.  A COL controlled grade was or would be available to support that promotion.

5.  An OHARNG FRB convened on 23 June 2010 and found the applicant qualified for promotion to COL.

6.  The OHARNG published Orders 175-915, dated 24 June 2010, promoting him to COL with an effective date and date of rank of 23 June 2010.  The orders stated, "the effective date of promotion and corresponding rank would be the date the Chief, NGB, extends Federal recognition of State promotion."

7.  A second FRB convened on 20 July 2010 and found the applicant qualified for promotion to COL.

8.  The OHARNG published Orders 202-907, dated 21 July 2010, amending his effective date and date of rank for promotion to COL from 23 June 2010 to 20 July 2010.

9.  His promotion to COL received Senate confirmation on 22 December 2010.


10.  In a memorandum, dated 7 March 2011, the OHARNG Officer Personnel Branch Chief certified the applicant's unit vacancy promotion packet was delayed in submission to NGB for publication of Federal recognition as required by National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions).

	a.  As the Officer Personnel Branch Manager for the OHARNG, he was providing this memorandum to outline the State Headquarters' (HQ) failure to process the applicant's promotion packet correctly which delayed receipt of Federal recognition orders and ultimately affected the applicant's date of rank.

	b.  The applicant's command submitted his recommendation for promotion through channels to State HQ on 23 June 2010.  The first FRB was conducted on 23 June 2010 and submitted to NGB on 28 June 2010.  Unfortunately, the board members assigned by his office were not eligible board members because they were not all COL's.  The error was discovered by NGB during the review of the promotion request.  The request was returned to the State where another FRB that consisted of all COL's was conducted.  The promotion request was resubmitted on 22 July 2010 and accepted by NGB.  If the first FRB had been correctly conducted, the applicant's promotion request would not have been delayed.

	c.  The OHARNG official recommended the applicant's date of rank be adjusted due to the administrative delay that was no fault of the officer.

11.  National Guard Regulation, dated 15 April 1994, paragraph 8-6 stated that wearing of insignia in the higher grade is not authorized until Federal Recognition has been extended.  For promotions to the grade of lieutenant colonel and above, the higher grade may not be worn until Senate confirmation has been received.

12.  National Guard Regulation 600-100, dated 27 September 2006, paragraph 8-2, states the effective date of promotion of an ARNG officer who is promoted in the States in the date Federal Recognition is extended by the NGB.  The officer's date of rank as a Reserve of the Army for an ARNG commissioned officer, who is promoted as a result of FRB selection is the date Federal Recognition is extended in the higher grade.  

13.  National Guard Regulation 600-100, paragraph 10-4, states all officers serving on an FRB must be at least a CPT and at least one grade senior to the applicant who is to be considered for promotion.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows an FRB recommended the applicant for promotion to COL with an effective date of 23 June 2010.  The recommendation was forwarded to NGB for processing.  NGB discovered the board members assigned to the FRB were not all eligible because they did not hold the rank of COL.  The request was returned to the OHARNG and a second FRB was conducted.  The promotion request was resubmitted to NGB and accepted on 22 July 2010.  The OHARNG published orders promoting him effective 22 July 2010.

2.  The OHARNG Officer Personnel Branch Manager stated the State HQ did not properly conduct the first board.  She recommended the applicant's date of rank be corrected due to their error which caused an administrative delay of his promotion.

3.  The evidence shows he was eligible and qualified for promotion on 23 June and 22 July 2010.  Therefore, based on a matter of equity and on the support for favorable consideration expressed by the OHARNG, his date of rank for COL should be adjusted to 23 June 2010.

4.  In accordance with regulatory guidance, his effective date for promotion to COL will remain 22 December 2010, the date of Senate confirmation.

BOARD VOTE:

__X____ ___X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all State ARNG and Department of the Army records of the individual concerned be 



corrected by showing the applicant was promoted to colonel with a date of rank of 23 June 2010.



      _______ _  _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)                                         AR20110006193



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ABCMR Record of Proceedings (cont)                                         AR20110006193



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