IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110006352 


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 date of rank (DOR) for promotion to major (MAJ)/pay grade O-4 from 10 January 2011 to 1 March 2010 with all back pay and allowances due as a result of the correction.

 2.  The applicant states he was selected for promotion by the Department of the Army Promotion Board in June 2009 while he was deployed to Iraq.

	a.  He was officially assigned to an O-4 position on 1 March 2010.  According to the governing Army regulation, he should have a promotion date that matches the date of his assignment to the duty position.

	b.  His promotion packet was submitted after his assignment to the position, but it was held up at the Division/State level for many months.

	c.  As a result, he was not promoted to MAJ until 10 January 2011.

3.  The applicant provides copies of his reassignment orders, promotion orders, and an extract of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 4-21 (Effective Dates).

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant on 13 May 1994.  He transferred to the Army National Guard (ARNG) of the United States (ARNGUS) and Texas ARNG on 16 July 1994.

2.  He was promoted to captain/O-3 effective 19 December 2002.

3.  Orders 285-1051, Texas ARNG, Austin, Texas, dated 12 October 2010, reassigned the applicant to paragraph 106, line 01, duty position plans officer, duty specialty skill identifier 02A007G (Combat Arms Immaterial), effective 1 March 2010.

4.  The applicant was selected for promotion to MAJ by a Department of the Army Promotion Board, the results of which were released in June 2009.

5.  Orders 010-1016, Texas ARNG, Austin, Texas, dated 10 January 2011, promoted the applicant to MAJ/O-4 effective 10 January 2011.  The additional instructions show:  "Duty Position Title, Paragraph/Line, Area of Concentration:  Plans Officer, 106/01, 02A00."

6.  Special Orders Number 11 AR, National Guard Bureau (NGB), dated 20 January 2011, announced the extension of Federal recognition in the ARNG of the applicant's promotion to MAJ/O-4 effective 10 January 2011.

7.  NGB memorandum, dated 20 January 2011, subject:  Promotion as a Reserve Commissioned Officer of the Army, promoted the applicant to MAJ/O-4 in the Reserve of the Army for service in the ARNGUS effective 10 January 2011.

8.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.

	a.  The advisory official recommends approval of the applicant's request for adjustment of the date of his promotion to MAJ, effective and with a DOR of 1 March 2010, along with all back pay and allowances that may be due as a result of this correction.

   b.  The TXARNG concurs with adjustment of the applicant's promotion date to MAJ effective 1 March 2010.

9.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides procedures for processing applications for Federal recognition.

	a.  Paragraph 8-1 states the promotion of officers in the ARNG is a function of the State.  As in original appointments, a commissioned officer promoted by State authorities has a State status in the higher grade under which to function.

	b.  Paragraph 8-2b states that, except as provided in this chapter, promotion will be accomplished only when an appropriate modified table of organization and equipment (MTOE) or table of distribution and allowances (TDA) position vacancy in the grade exists in the unit.

10.  Army Regulation 135-155 prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the ARNGUS and of commissioned and warrant officers of the U.S. Army Reserve.  Chapter 4 (Processing Selection Board Recommendations), paragraph 4-21, provides that promotion of unit officers selected by a mandatory board will have a promotion date and effective date no earlier than the date the board is approved, provided they are assigned to a position in the higher grade.  When the board approval is before assignment to the position in the higher grade, the effective date and the date of promotion will be the date of assignment to the higher-graded position.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was selected for promotion to MAJ/O-4 by a Department of the Army Promotion Board, the results of which were released in June 2009.

	a.  The governing regulations provide that promotion will be accomplished when an appropriate MTOE or TDA position vacancy in the grade exists in the unit and the Soldier is assigned to the higher-graded position.

 	b.  The applicant was assigned to an O-4 position on 1 March 2010; however, he was not promoted to MAJ by the Texas ARNG or granted Federal recognition by the NGB until 10 January 2011.

2.  Therefore, in view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's records to show he was promoted to MAJ/O-4 in the Reserve of the Army, ARNGUS, and Texas ARNG effective and with a DOR of 1 March 2010.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing he was promoted to the rank of MAJ/O-4 effective and with a DOR of 1 March 2010 and

	b.  granting him Federal recognition in the rank of MAJ/O-4 effective and with a DOR of 1 March 2010.

2.  As a result of the above corrections, the Defense Finance and Accounting Service shall be notified of the Board's determination 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.



      _________________________
       	     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)                                         AR20110006352



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ABCMR Record of Proceedings (cont)                                         AR20110006352



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