IN THE CASE OF:	  

		BOARD DATE:	  23 February 2012

		DOCKET NUMBER:  AR20110013508 


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, in two separate applications, that the permanent Federal Recognition action promoting him to the rank of captain be backdated to 1 September 2009.

2.  The applicant states, in effect:

* the staff sergeant responsible for timely submitting his promotion packet has since been reassigned to a new position that does not impact officers actions
* the error in his promotion packet could have been avoided if the directions had been followed and a quality control process had been in place
* he has lost out on over $8,000.00 in pay due to errors that were made in the staff sergeant's control
* the errors could have been avoided or corrected prior to the submission of his promotion packet
* it took more than 6 months to process his promotion action (9 September 2009 to 2 April 2010).  This puts him 6 months behind his peers
* the delay was not his fault

3.  The applicant provides:

* Standard Form 52 (Request for Personnel Action), dated 1 September 2009
* Missouri Army National Guard (MOARNG) Orders 170-249, dated 19 June 2009
* National Guard Bureau Special Orders Number 62 AR, dated 2 April 2010
* Email from MOARNG officials

CONSIDERATION OF EVIDENCE:

1.  On 19 August 2005, a Federal Recognition Board was held by the South Dakota Army National Guard (SDARNG) to determine if the applicant was qualified to be awarded Federal Recognition for an initial appointment to the grade of second lieutenant, Military Police (MP) Branch.  The proceedings indicated the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.  

2.  The applicant executed his Oaths of Office with the SDARNG, in the rank of second lieutenant, effective 1 September 2005.

3.  National Guard Federal Recognition Orders Number 341 AR, dated 5 December 2005, awarded the applicant Federal Recognition for his initial appointment to the grade of second lieutenant, effective 1 September 2005.

4.  National Guard Federal Recognition Orders Number 260 AR, dated 23 October 2007, awarded the applicant permanent Federal Recognition for promotion to the rank of first lieutenant, effective 1 September 2007.

5.  The applicant's records contain a 23 October 2007 memorandum from the National Guard Bureau.  This memorandum states the applicant was promoted as a Reserve Commissioned Officer to the grade of first lieutenant with an effective date of 1 September 2007.  

6.  The applicant executed an Oath of Office with the MOARNG in the rank of first lieutenant, effective 10 April 2008.

7.  National Guard Federal Recognition Orders Number 156 AR, dated 24 June 2008, extended him Federal Recognition for change of station from South Dakota to Missouri, effective 10 April 2008.

8.  On 2 June 2009, a Federal Recognition Board determined that the applicant was qualified for Federal Recognition in the grade of first lieutenant, Adjutant General (AG) Branch.

9.  National Guard Federal Recognition Orders Number 159 AR, dated 29 June 2009, extended him Federal Recognition and changed his branch from MP to AG, effective 2 June 2009.

10.  MOARNG Orders 259-102, dated 16 September 2009, reassigned the applicant to a captain vacancy position, effective 8 September 2009.

11.  National Guard Federal Recognition Orders Number 62 AR, dated 2 April 2010, awarded the applicant permanent Federal Recognition in the rank of captain, effective 26 March 2010.

12.  The applicant's records contain a 2 April 2010 memorandum from the National Guard Bureau.  This memorandum states the applicant was promoted as a Reserve Commissioned Officer to the grade of captain with the effective date of 26 March 2010.  

13.  The applicant submits an SF 52, dated 1 September 2009, showing action was initiated to promote him to captain, effective on this date.  However, there is no approval signature on the form.  

14.  He submits MOARNG Orders 170-249 showing he was promoted to captain effective 1 September 2009.  His record contains MOARNG Orders 203-286, revoking MORANG Orders 170-249.  He submits a copy of National Guard Federal Recognition Orders Number 62 AR, dated 2 April 2010, and email from MOARNG showing there were errors in his promotion packet that needed to be corrected before his promotion could be completed.

15.  National Guard Regulation 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal Recognition.  Paragraph 2-1 states that commissioned officers of the ARNG are appointed by the several States under Article 1, Section 8 of the U.S. Constitution.  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 Army National Guard of the United States if they have not already accepted such appointment.  

16.  Paragraph 8-1 of National Guard Regulation 600-100 states the promotion of officers in the ARNG is a function of the State.  Paragraph 8-3 states a commissioned officer who has been promoted by the State and extended Federal Recognition in the higher grade will be concurrently promoted to the higher grade in the Reserve of the Army with assignment to the Army National Guard of the United States.

17.  Paragraph 10-1 of National Guard Regulation 600-100 states that in order for an officer to be concurrently appointed, promoted, or receive a branch transfer as a Reserve commissioned officer of the Army, the State action must be federally recognized.  Federal Recognition action is the acknowledgment by the Federal Government that an officer appointed, promoted, or transferred to an authorized grade and position vacancy in the Army National Guard meets the prescribed laws and regulations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  Orders show the applicant was promoted in the MOARNG under a unit vacancy position to the grade of captain effective 24 March 2010.  This promotion was accomplished at the discretion of the Adjutant General of the State of Missouri.  

3.  While there was a delay in the processing of the applicant's promotion to captain, the applicable regulation provides that in order for an officer to be concurrently appointed, promoted, or receive a branch transfer as a Reserve commissioned officer of the Army, the State action must be federally recognized.

4.  The applicant was awarded permanent Federal Recognition for the purpose of promotion to the rank of captain with an effective date of 24 March 2010.  He was properly promoted to captain on 24 March 2010, the date his promotion was Federally Recognized.

5.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20110013508



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ABCMR Record of Proceedings (cont)                                         AR20110013508



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