IN THE CASE OF:
BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20110016748
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 that his date of rank (DOR) and effective date of promotion to the rank of first lieutenant (1LT) be changed to the original eligibility date.
2. The applicant states that at the time he was eligible for promotion to the rank of 1LT he was enrolled in the Early Commissioning Program (ECP). He goes on to state that 9 days after his eligibility for promotion to the rank of 1LT he was released from the ECP and transferred to the Army National Guard where he was considered ineligible for promotion because he had not completed the Basic Officer Leadership Course (BOLC); however, under National Guard Regulation (NGR) 600-100, ECP officers are eligible for promotion to 1LT without attending the officer basic course (OBC).
3. The applicant provides copies of his letter of appointment, oath of office, letter of transfer and promotion, and revocations orders.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Ohio Army National Guard (OHARNG) on
18 October 2006 under the Reserve Officers Training Corps (ROTC) Early Commissioning Program.
2. He was appointed as a second lieutenant and received his initial appointment in the OHARNG on 16 May 2008.
3. Orders were published by the OHARNG promoting the applicant to the rank of 1LT on 16 November 2009; however, those orders were revoked. Orders were also published by the U.S. Army Human Resources Command in St. Louis, Missouri promoting him to 1LT effective 30 November 2009 and those orders were also revoked.
4. On 9 January 2011 orders were published by the OHARNG promoting him to 1LT effective 17 December 2010.
5. In the processing of this case a staff advisory opinion was obtained from the National Guard Bureau (NGB) which recommends that the applicants DOR and effective date be changed to 16 May 2010 because the applicable regulations state that ECP second lieutenants may be promoted to 1LT at 24 months without attending OBC. The advisory opinion was provided to the applicant for comment and to date no response has been received.
6. National Guard Regulation 600-100, paragraph 12-9(b) (c) provides, in pertinent part, that ECP officers will be scheduled to attend a resident OBC as soon as possible after graduation from the bachelors degree program by the Commander, U.S. Army Human Resources Command. During the 36 months they are allowed to complete the bachelors degree, ECP second lieutenants may be promoted to 1LT without first attending OBC.
DISCUSSION AND CONCLUSIONS:
1. The applicant was commissioned as a second lieutenant on 16 May 2008 and was eligible for promotion to the rank of 1LT effective 24 months later.
2. Accordingly, his records should be corrected to show that he was promoted to the rank of 1LT effective 16 May 2010 with entitlement to all back pay and allowances that flow from this change.
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 Department of the Army records of the individual concerned be corrected by showing that he was promoted to the rank of 1LT effective 16 May 2010 with a DOR of 16 May 2010 and entitlement to all back pay and allowances that flow from this change.
__________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) AR20110016748
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ABCMR Record of Proceedings (cont) AR20110016748
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