IN THE CASE OF:	  

		BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110015396 


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:

* his promotion date to first lieutenant be backdated
* an earlier promotion to captain 

2.  The applicant states:

* he was placed on 3-year Title 10 (United States Code) orders and eligible for promotion at the 18-month mark while assigned to the Alabama National Guard  
* he inquired about his promotion around the 18-month mark and was told by the Battalion Commander not to resurface the matter and that he had to wait until the 24-month mark for his promotion
* the Battalion Commander told him he had people assigned that were doing bigger and better things than he was and those people needed to be promoted
* he had to wait 6 months for no justified reason and the delay in his promotion placed him out of the board window for captain

3.  The applicant provides:

* self-authored statements
* Orders 134-526, Joint Force Headquarters Alabama National Guard, Montgomery, AL, dated 14 May 2010
* two emails
CONSIDERATION OF EVIDENCE:

1.  The applicant's NGB Form 62E (Application for Federal Recognition as an Army National Guard Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the Army National Guard of the United States) shows the following:

* he completed a period of service as an enlisted Soldier from 31 July 2003 through 15 August 2006
* he was a student in the Reserve Officer Training Corps from 28 August 2006 through 9 May 2008

2.  On 10 May 2008, he was commissioned a second lieutenant in Alabama National Guard and was granted temporary Federal recognition.

3.  Orders 155-502, Joint Force Headquarters Alabama National Guard, Montgomery, AL, dated 3 June 2008, assigned him to the 128th Medical Company, Ashland, AL.

4.  Orders A-09-817335, U.S. Army Human Resources Command, St. Louis, MO, dated 9 September 2008, ordered him to active duty for a period of 1,095 days.

5.  The applicant's records contain a DA Form 1059 (Service School Academic Evaluation Report), dated 17 September 2008, which shows that the applicant successfully completed the Army Medical Department 6-8-C20 Basic Officer Leadership Course on 17 September 2008.

6.  There is no evidence that the applicant received permanent Federal recognition as a second lieutenant from the National Guard Bureau within the six-month period or one-year period required by the National Guard/Army regulations.  As a result his temporary Federal recognition expired. 

7.  Orders 134-526, Joint Force Headquarters Alabama National Guard, Montgomery, AL, dated 14 May 2010, promoted the applicant to first lieutenant with a date of rank and effective date of 3 May 2010.

8.  Special Orders Number 103 AR, Departments of the Army and the Air Force, National Guard Bureau, Washington, D.C., dated 18 May 2010, show the applicant was granted permanent Federal recognition as a first lieutenant effective 3 May 2010. 

9.  On 21 March 2011, the applicant submitted a voluntary request for transfer to a U.S. Army Reserve (USAR) Active Guard Reserve (AGR) position.
10.  On 11 May 2011, the applicant was released from the USAR Control Group (Reinforcement) and transferred to Madigan Army Medical Center, Tacoma, WA.

11.  The applicant provides a copy of Orders 134-526 showing his promotion to first lieutenant and emails showing the inquiries made on his promotion.  

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

	a.  Paragraph 2-1 states commissioned officers of the Army National Guard 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, National Guard Bureau (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.  

	b.  Paragraph 2-2 states the effective date of Federal recognition for original appointment is that date on which the commissioned officer executes the oaths of office in the State.  Paragraph 2-3a states temporary Federal recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status.

	c.  Paragraph 2-13 states temporary Federal recognition may be extended to an officer who has been appointed in the Army National Guard of a State and found to be qualified by a Federal Recognition Examining Board (FREB) pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army.  If not sooner withdrawn or replaced by the granting of permanent Federal recognition, temporary Federal recognition will automatically terminate 6 months after the effective date of State appointment.  The National Defense Authorization Act for fiscal year 2008 extended the maximum period of temporary Federal recognition to 1 year.  

   d.  Paragraph 10-15b states temporary Federal recognition may be granted by an FREB to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oaths of office, and has been appointed by a State order for assignment to a position vacancy in a federally recognized unit of the Army National Guard.  The FREB will forward the NGB Form 89 and allied documents to The Adjutant General.  When the member is favorably recommended, The Adjutant General will endorse the packet to the NGB.  If the member meets the qualifications and requirements for Federal recognition, the Chief, NGB extends permanent Federal recognition to the member in the grade and branch in which the member is qualified.

13.  National Guard Regulation 600-100 also states ARNG commissioned officers will be mandatorily considered for promotion as Reserve commissioned officers of the Army when they meet the promotion service requirements prescribed for the zone of consideration.  The provisions of Army Regulation
135-155 (Promotion of Commissioned Officers and Warrant Officer Other Than General Officers) will apply.

14.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve officers.  This regulation states a commissioned officer must complete the minimum of 2 years in the lower grade for promotion to captain for a unit vacancy promotion and the maximum of 5 years for promotion to captain by a mandatory board.  An officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completes the maximum service. 

15.  By memorandum, subject:  Reduction in the Time in Grade (TIG) Requirement for Promotion of Reserve Component Officers to First Lieutenant (NGB-ARH Policy Memo 08-035), dated 25 November 2008, the NGB advised that effective 19 August 2008, the TIG requirement was reduced to a minimum of 18 months TIG provided an individual had completed the basic officer leadership course.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention regarding his promotion to first lieutenant was carefully considered and determined to have merit.

2.  The evidence shows the applicant accepted a Reserve commission as a second lieutenant and was granted temporary Federal recognition on 10 May 2008.

3.  Based on applicable law and regulation, the applicant is entitled to have Federal recognition with an effective date of permanent Federal recognition in the grade of second lieutenant as 10 May 2008.



4.  Additionally, based on the above correction and the fact that the applicant successfully completed the Army Medical Department Basic Officer Leadership Course on 17 September 2008 and met the time-in-grade requirement for promotion to the grade of first lieutenant, the applicant is entitled to be awarded permanent Federal recognition for promotion to first lieutenant with the effective date 10 November 2009.

5.  His contention pertaining to an earlier promotion to captain has been noted; however, in accordance with applicable regulations, unit vacancy promotions are not under the purview of the ABCMR.  Unit vacancy promotions are implemented at the discretion of the State Adjutant General.  Therefore, relief cannot be granted regarding this request.

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 all Department of the Army records of the individual concerned be corrected by:

   a.  showing he was appointed in the PRARNG and extended Federal recognition as a second lieutenant, effective 10 May 2008, with all appropriate adjustment of pay and allowances; and
   
   b.  showing he was appointed in the PRARNG and extended Federal recognition as a first lieutenant, effective 10 November 2009, with all appropriate adjustment of pay and allowances.



2.  The Board further determined that 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 promoting him to captain.




      _______ _   __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)                                         AR20110022535



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ABCMR Record of Proceedings (cont)                                         AR20110015396



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