IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110012482 


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 captain (CPT)/O-3 from 23 November 2010 to 8 April 2010.

2.  He states his DOR for CPT is shown as 23 November 2010, but it should be 8 April 2010, the date the fiscal year (FY) [2010] CPT board results were released while he was serving on active duty in support of Operation Iraqi Freedom (OIF) in Southwest Asia.  He states his first promotion packet was submitted through the 30th Heavy Brigade Combat Team in November 2009 while he was serving in Iraq.  His eligibility date for promotion was 15 December 2009.  The packet went to a Federal recognition board instead of to a [unit] vacancy promotion board.  Once the brigade received the packet back, dated
8 April 2010, they realized the mistake and revoked the promotion.  The packet was submitted again when the unit was back at home station, and the packet was referred because the G-1 was tracking him as "FED REC (Federal recognition) promoted."  His packet was submitted again in September 2010.  He received State recognition, and he finally received Federal recognition on
23 November 2010, almost a year after his eligibility date.

3.  He provides:

* a self-authored memorandum
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 February 2010
* orders
* FY 2010 CPT board results
4.  He also indicated he provided the Modified Table of Organization and Equipment (MTOE) for unit identification code WPJST0 and a memorandum dated 10 December 2010.  However, these documents were not included with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant completed a Bachelor of Science degree at the end of the 2005 fall semester.  On 13 December 2005, he was discharged from his enlistment in the North Carolina Army National Guard (NCARNG) to accept appointment as a commissioned officer.  He took an oath of office as a second lieutenant (2LT)/O-1 in the NCARNG.

2.  On 10 February 2006, the National Guard Bureau (NGB) issued Special Orders (SO) Number 41 AR extending Federal recognition to the applicant as a 2LT.  The orders show his DOR for 2LT as 14 December 2005.

3.  A DA Form 1059 (Service School Academic Evaluation Report) shows he completed the Transportation Officer Basic Course on 30 June 2006.

4.  On 28 January 2008, the NGB issued SO Number 22 AR extending Federal recognition to the applicant as a 1LT.  The orders show his DOR for 1LT as
14 December 2007.

5.  Joint Force Headquarters, Department of Crime Control and Public Safety, State of North Carolina, Raleigh, NC, issued:

	a.  Orders 340-855, dated 5 December 2008, releasing him from duty as an operations officer in a transportation company and transferring him to duty as a transportation officer in the headquarters and headquarters company (HHC) of a brigade support battalion effective 4 January 2009 and

	b.  Orders 026-853, dated 26 January 2009, reassigning him to duty as a plans officer in the HHC of the same brigade support battalion effective
23 January 2009.

6.  His record includes a DD Form 214 showing he served on active duty in support of OIF from 11 February 2009 to 28 February 2010.


7.  Joint Force Headquarters, Department of Crime Control and Public Safety, State of North Carolina, Raleigh, NC, issued:

	a.  Orders 089-936, dated 30 March 2010, reassigning him to duty as a transportation officer in a brigade support battalion effective 26 March 2010;

	b.  Orders 148-864, dated 28 May 2010, releasing him from duty as a transportation officer in a brigade support battalion and transferring him to duty as an operations officer in a transportation company;

	c.  Orders 187-878, dated 6 July 2010, relieving him from duty as an operations officer and reassigning him to duty as commander of a transportation company effective 10 July 2010; and

	d.  Orders 262-804, dated 19 September 2010, promoting him to CPT with a DOR of 17 September 2010.

8.  On 8 April 2010, the Army Human Resources Command released the
FY 2010 CPT Reserve Component/APL selection board results.  The applicant's name appears on the list of officers selected for promotion.

9.  A memorandum, dated 29 November 2010, subject: Promotion as a Reserve Commissioned Officer of the Army, shows he was promoted to CPT effective
29 November 2010.

10.  The NGB issued:

	a.  SO Number 263 AR, dated 29 November 2010, extending him Federal recognition as a CPT effective 23 November 2010 and

	b.  SO Number 266 AR, dated 2 December 2010, amending SO Number
263 AR to show the effective date of his Federal recognition as a CPT
as 29 November 2010.

11.  During the processing of this case, on 22 June 2011, the NGB provided an advisory opinion.

	a.  The advisory official recounts information received from the NCARNG in support of the applicant's request.  The NCARNG stated his DOR was incorrect due to an administrative error.  He was promoted to 1LT on 14 December 2007; however, the Standard Installation and Division Personnel Reporting System 


(SIDPERS) was never updated, and his DOR continued to show as his 2LT DOR of 14 December 2005.  As a result, he was erroneously considered by the 2010 CPT APL Department of the Army (DA) Board.  If his DOR had been correct, he would not have been required to submit a DA board packet and a unit vacancy promotion would have been processed by the State Deputy Chief of Staff, G-1.

	b.  The State recommends approval of a DOR adjustment to 14 December 2009, the date he reached his minimum time in grade (MTIG).  The advisory official notes that National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions), paragraph 8-1, states "the promotion of officers in the ARNG is a function of the State."

	c.  The advisory official confirms he met the MTIG, and the civilian and military education requirements, and he was assigned to a CPT position as shown by Orders 026-853, dated 26 January 2009.

	d.  The advisory official recommends approval of the applicant's request and correction of NGB SO Number 266 AR to show his promotion effective date and DOR as 14 December 2009.

12.  On 22 June 2011, a copy of the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

13.  National Guard Regulation 600-100, chapter 8, Section II (Promotion to Fill Unit Vacancies), states that to be considered for Federal recognition and subsequent Reserve of the Army promotion following State promotion to fill a unit vacancy, an ARNG commissioned officer must be in an active status, be medically fit, meet height and weight standards, have completed the minimum years of promotion service, have completed the minimum military education requirements, have completed the minimum civilian education requirements, and have passed an Army physical fitness test within the time frame prescribed.  States will not promote a commissioned officer who is being considered by a Headquarters, Department of the Army, selection board until its recommendations are announced.  

14.  National Guard Regulation 600-100 states the MTIG for promotion from 1LT to CPT is 2 years, and for promotion from 1LT to CPT an individual must have completed an officer basic course and have been awarded a baccalaureate degree.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record, as confirmed by the NCARNG and the NGB advisory official, shows that on 14 December 2009 the applicant was fully eligible for promotion to CPT and he was serving in a valid CPT position.

2.  The NCARNG states a recordkeeping error resulted in him being considered by a mandatory DA promotion board.  Once his packet was submitted to the DA promotion board, the governing National Guard regulation prevented the State from taking any corrective action.

3.  The applicant states his DOR for CPT should be 8 April 2010.  However, the available evidence shows his DOR for CPT should be 14 December 2009.  Therefore, as a matter of equity, it would be appropriate to correct his record to show his DOR for CPT as 14 December 2009.

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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

	a.  revoking so much of NGB Special Orders Number 266 AR, paragraph 37, dated 2 December 2010, pertaining to the applicant;

	b.  amending NGB Special Orders Number 263 AR, dated 29 November 2010, to show he was extended Federal recognition for promotion to CPT effective and with a date of rank of 14 December 2009; and

	c.  paying to him all back pay and allowances due as a result of the above correction.
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 an effective date and date of rank for promotion CPT as 8 April 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)                                         AR20110012482



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ABCMR Record of Proceedings (cont)                                         AR20110012482



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