BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110015739 


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 effective date of promotion to major (MAJ) from 21 July 2008 to 1 March 2008.  

2.  The applicant states the State order promoted him effective 1 March 2008 and the National Guard Bureau (NGB) policy states that as long as the officer meets all the requirements, the Federal recognition will grant the State promotion order effective date.

3.  The applicant provides:

* NGB Policy Memorandum Number 10-057, dated 22 December 2010, Subject: Effective Date of Federal Recognition for Officers Selected for Promotion by a Mandatory Department of the Army Promotion Selection Board
* Orders 07-535 (assignment orders)
* Orders 182-500 (promotion to MAJ)
* NGB Special Orders Number 182 AR
* Certificate of training

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the U.S. Army Reserve (USAR) in the rank of second lieutenant and executed an oath of office on 16 January 1993.  He completed the Military Police (MP) Officer Basic Course. 

2.  He was transferred from the USAR to and appointed in the Puerto Rico Army National Guard (PRARNG) and executed an oath of office on 8 March 1994. He served in a variety of assignments and he was promoted to captain on 29 March 2000.

3.  On 1 November 2005, he was issued a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).

4.  On 30 June 2006, the U.S. Army Human Resources Command (HRC) issued him a memorandum of Eligibility for Promotion as a Reserve Commissioned Officers.  The memorandum indicated that he was considered and selected for promotion to MAJ by a Mandatory Promotion Board that convened in March 2006 and that his promotion eligibility date would be 28 March 2007.  The promotion eligibility date will be used to compute his time in grade for promotion to the next higher grade.  The effective date of promotion would be either of the following dates:

* 28 March 2007
* Date Federal recognition extended in the higher grade, or
* Date following the date Federal recognition is terminated in current Reserve grade

5.  On 17 March 2008, the PRARNG published Orders 077-525 transferring him from his position as a Law-Order Operations Officer, 125th MP Battalion, PRARNG, to the position of Security Officer, PRARNG Joint Force Headquarters, effective 1 March 2008.

6.  On 18 March 2008, the PRARNG published orders 78-41, amending several previously-issued orders that shows the applicant served as a Training Officer (a CPT position) 125th MP Battalion, to show he served as a Security Officer (a MAJ position), effective 1 March 2008.

7.  On 30 June 2008, PRARNG published Orders 182-500, promoting the applicant to MAJ with an effective date and date of rank (DOR) of 1 March 2008.

8.  On 21 July 2008, the NGB published Special Orders 182 AR extending him Federal recognition for promotion to MAJ effective 21 July 2008 and with a DOR as 28 March 2007.

9.  NGB Memorandum Number 04-0025, dated 1 September 2004, Subject: Clarification of the Policy to promote DA (Department of the Army) Select Mobilized Officers at Maximum TIG, states in paragraph 3 that ARNG officers recommended for promotion to the grades of CPT through lieutenant colonel under the provisions of Title 10, U.S. Code (USC), sections 12301, 12302, and 12304, who are on an approved mandatory selection board promotion list who reach their maximum TIG will be promoted to the next higher grade without regard to position vacancy unless that officer has voluntarily delayed or decline promotion.

10.  NGB Policy memorandum Number 10-057, dated 22 December 2010, states:

	a.  ARNG officers promoted as a result of being selected for promotion by a mandatory DA promotion selection board are considered to have already met the requirements as established by the Secretary of the Army.  Therefore, federal recognition for these officers may be extended without further delay.

	b.  Although the extension of Federal recognition is essentially automatic, the Chief, NGB, remains the authority for extending Federal recognition for officers selected for promotion by their State or territory.  Accordingly, the ARNG Federal Recognition section must ensure the recommended officer meets all requirements for promotion.

	c.  Upon confirmation by the ARNG Federal Recognition section that the recommended officer meets all statutory and regulatory requirements for promotion, to include having been appointed in the higher grade by the State or Territory, the date of Federal recognition will be the effective date of the officer's State or Territory promotion order.  The effective date of the State or Territory promotion order will not precede the approval date of the mandatory DA promotion selection board which selected the officer for promotion.

11.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers, Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve and Army National Guard officers.  Chapter 2 (Promotion Eligibility and Qualification Requirements), Table 2-1 (Time in Grade Requirements Commissioned Officers, Other Than Commissioned Warrant Officers), provides, in pertinent part, that the minimum TIG as a CPT for promotion to MAJ is 4 years and the maximum TIG is 7 years. 

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was promoted to MAJ by the Mandatory Promotion Board that convened in March 2006 and that his promotion eligibility date would be 28 March 2007.  He reached his maximum TIG of 7 years as a CPT on 28 March 2007.  

2.  He was placed in a MAJ position and promoted by the State or Territory on 1 March 2008.  It is presumed he met all statutory and regulatory requirements for promotion.  Therefore, the date of Federal recognition should be the effective date of the applicant's State or Territory promotion order.  Therefore, he is entitled to an adjustment of his effective date of promotion to MAJ from 21 July 2008 to 1 March 2008 and retroactive pay and allowances from 1 March 2008 to 20 July 2008.

BOARD VOTE:

___x__  __x______  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by:

* amending NGB Special Orders Number 182 AR to show his effective date of promotion as 1 March 2008
* paying him retroactive pay and allowances from 1 March 2008 to 20 July 2008 as a result of this correction



      _______ _  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)                                         AR20110015739





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ABCMR Record of Proceedings (cont)                                         AR20110015739



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