IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110012924 


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 an adjustment of his date of rank (DOR) to captain (CPT) in the Georgia Army National Guard (GAARNG) from 25 March 2011 to 
25 March 2010.

2.  The applicant states he was non-selected for promotion from first lieutenant (1LT) to CPT by the November 2009 promotion board due to a material error.  His personnel office failed to forward his baccalaureate degree for placement in his official records.  The lack of civilian education led to his non-selection.  He was subsequently considered by a special selection board (SSB) that convened on 4 October 2010, considered, and selected him for promotion to CPT under the 2009 criteria. 

3.  The applicant provides:

* A request for an SSB and his chain of commands recommendation
* College transcripts
* Bachelor of Arts diploma
* Verification of Education Transcripts 
* Non-selection notification memorandum
* Eligibility for promotion memorandum
* Promotion consideration memorandum




CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a second lieutenant in the GAARNG and executed an oath of office on 7 August 2004.  

2.  He was promoted to 1LT and awarded Federal recognition for this promotion with an effective date and DOR as 7 August 2006.  He also completed the Aviation Officer Basic Course in October 2008.  

3.  On 2 February 2010, the National Guard Bureau (NGB) published Special Orders Number 19 AR extending him Federal recognition for a branch transfer into Aviation.

4.  On 8 April 2010, by memorandum, the NGB notified him that he was considered for promotion to CPT by the Reserve Components Selection Board (RCSB) that convened in November 2009 but he was not selected.  This memorandum indicated there was no evidence he had completed the mandatory civilian education.

5.  On 9 April 2010, he submitted a request for an SSB through his chain of command.  He indicated that he completed his bachelor's degree on 12 October 2009 during the lock-in time prior to the board convening on 3 November 2009 and that he submitted his diploma together with a verification of education completion letter through his personnel office, but the documents were not forwarded to his official file on time.  His chain of command recommended approval.

6.  On 2 April 2011, the U.S. Army Human Resources Command (HRC) issued him a Letter of Eligibility for Promotion as a Reserve Commissioned Officer.  The letter indicated that he was considered and selected for promotion to CPT by an SSB that convened on 4 October 2010 and that his promotion eligibility date would be 6 August 2011.  The promotion eligibility date would be used to compute his time in grade for promotion to the next higher grade.  The earliest DOR he could receive was the Presidential approval date of the 2010 year criteria – 25 March 2010.  The effective date of promotion would be either of the following dates:

* 6 August 2011
* Date Federal recognition is extended in the higher grade, or
* Date following the date Federal recognition is terminated in current Reserve grade

7.  Also on 2 April 2011, HRC issued a corrected letter notifying him that he was considered by an SSB that convened on 4 October 2010 under the 2010 year criteria and that his DOR would be 6 August 2011.  However, under the Reserve Officer Personnel Management Act (ROPMA), he could have an earlier date of rank but not earlier than the Presidential approval date of the 2010 year criteria, which was 25 March 2010.

8.  On 31 March 2011, the GAARNG published Orders 090-716 promoting him to CPT with an effective date and DOR of 25 March 2011.  The orders also assigned him to a CPT position effective the same date.

9.  On 15 April 2011, the NGB published Special Orders Number 88 AR extending him Federal recognition for promotion to CPT effective 25 March 2011. 

10.  Title 10, U.S. Code, section 14308f (Effective date of promotion after federal recognition) 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 ARNG under section 307 or 310 of Title 32 shall be the date on which such Federal recognition in that grade is so extended. 

11.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) prescribes policies and procedures governing the appointment, assignment, temporary Federal recognition, Federal recognition, reassignment, and other personnel issues related to commissioned officers of the ARNG.  It states commissioned officers of the ARNG are 
appointed by the several States.  These appointments may be federally recognized by the Chief, NGB, under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation.  Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the ARNG, as provided by law.

12.  National Guard Regulation 600-100, chapter 8, provides for promotion of officers.  It states, in pertinent part, that the promotion of officers in the ARNG is a function of the State, and as in original appointments, a commissioned officer promoted by State authorities has a State status in the higher grade under which to function.  However, to be extended Federal recognition in the higher grade, the officer must have satisfied the promotion requirements.  Chapter 8 of this regulation states a commissioned officer must complete the required minimum years of promotion service prior to being considered for promotion and Federal recognition in the higher grade.  Promotion from 1LT to CPT requires a minimum of 2 years time in grade.  ARNG commissioned officers will be mandatorily considered for promotion as Reserve commissioned officers of the Army when they meet the minimum promotion service requirements prescribed for the zone of consideration.  The provisions of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), will apply.

13.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve and ARNG officers.  The regulation states ARNG officers will be considered for promotion by mandatory promotion boards, and promotion to CPT required completion of 5 years of maximum time in grade as a 1LT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to 1LT on 7 August 2006.  He was not educationally qualified until 2 October 2009, the date his degree was conferred.  He was considered by the 2010 RCSB which convened on 3 November 2009; but he was not selected.  It appears his civilian education credentials were not filed on time.  He subsequently requested an SSB under the same year's criteria.

2.  An SSB convened on 4 October 2010 under the 2010 year criteria and selected him.  His DOR was established as 6 August 2011.  However, under ROPMA, he could have had an earlier DOR but not earlier than the Presidential approval date of the 2010 year criteria, which was on 25 March 2010.  

3.  According to the State promotion order, he was placed in a CPT position on 25 March 2011.  There is no evidence in his records and he provided none to show he was placed in a CPT position prior to this date.  Therefore, the earliest date he could have been promoted to CPT was 25 March 2011 which is appropriately shown on his records.  

4.  In view of the foregoing, it is concluded he was promoted to CPT on the earliest date he was eligible and in a timely manner and he has not shown otherwise.  Therefore, there is no basis for granting his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20110012924



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ABCMR Record of Proceedings (cont)                                         AR20110012924



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