IN THE CASE OF:
BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20110017706
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 correction of his date of rank (DOR) to major (MAJ) from 23 August 2011 to 7 February 2011.
2. The applicant states his Federal Recognition (FEDREC) packet for promotion to MAJ was lost in the National Guard Bureau (NGB) tracking database due to a glitch in the system. His packet was submitted to the NGB on 8 December 2010 and sat pending until this error was caught on 24 May 2011. The NGB explained what caused the delay in processing and stated they would support the correction of his DOR to 60 days after submission of the packet.
3. The applicant provides:
* NGB Form 89 (Proceedings of a Federal Recognition Examining Board)
* Orders
* A memorandum
* Two pages titled Fed Rec Packet Entry
* Two pages of email
CONSIDERATION OF EVIDENCE:
1. The applicant is a Reserve commissioned officer in the Iowa Army National Guard (IAARNG). He was promoted to the rank of captain on 9 November 2006.
2. On 19 November 2009, a Federal Recognition Board (FRB) was held by the IAARNG to determine if the applicant was qualified to be awarded Federal recognition as a MAJ. The applicant was found to be satisfactory in his physical qualifications, moral character, and general qualifications.
3. On 1 December 2010, the IAARNG published Orders Number 335-024 promoting him to MAJ with a DOR and effective date of 18 November 2010. These orders stated he was not authorized to wear the insignia of the higher grade and not entitled to federal pay in the higher grade until Federal recognition was extended by the NGB.
4. On 29 August 2011, NGB published Special Orders Number 200 AR extending him Federal recognition for promotion to MAJ with a DOR and effective date of 23 August 2011.
5. On 29 June 2012, an advisory opinion was received from the Chief, Personnel Policy Division, NGB. The advisory official recommended approval of the applicant's request to adjust his DOR to MAJ with the adjustment from 23 August 2011 to 7 March 2011 and opined that:
a. The applicant's application and a memorandum from the IAARNG, dated 18 July 2012, contend the applicant's promotion packet was delayed due to a computer glitch and was no fault of the Soldier. The packet was approved and uploaded into the Guard Knowledge Online on 8 December 2010 leaving the State to believe the packet was being processed. A follow up shows the packet stayed in that status until 24 May 2011 when it was discovered an upgrade of the FEDREC program resulted in the FEDREC section not being able to review the packet.
b. Once the error was discovered the packet was processed and the applicant was promoted with a promotion effective date of 23 August 2011. An email from the FEDREC section, dated 26 May 2011, confirms the delay was due to a system problem. Even though the applicant's promotion was a unit vacancy promotion (UVP), reasonable consideration can be given to the fact that the applicant could have been promoted to MAJ at an earlier date had his promotion packet not been rejected due to the computer glitch.
c. As a matter of equity, amendment to the applicant's DOR is feasible. Therefore, taking into account the approximately 90 days needed for a UVP packet to go through the necessary approval channels, the DOR can be amended to read 7 March 2011.
d. The State supports this recommendation.
6. On 2 August 2012, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. On 8 August 2012, he stated he did not wish to submit any additional comments.
7. Title 10, U.S. Code, section 1211 (Officers ARNG of the United States), states when an officer of the ARNG to whom temporary Federal recognition has been extended is appointed as a Reserve for service as a member of the ARNG of the United States, his appointment shall bear the date of the temporary recognition and shall be considered to have been accepted and effective on that date. Section 14308(f) states the effective date of a promotion of a Reserve officer of the Army who is extended Federal recognition in the next higher grade in the ARNG shall be the date on which such Federal recognition in that grade is so extended.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his DOR to MAJ be corrected to 7 February 2011 as his promotion was delayed due to no fault of his own.
2. The evidence of record confirms the applicant's UVP packet was submitted on 8 December 2010 but not processed until 24 May 2011 due to a computer system error. His packet was subsequently processed and he was promoted with an effect date of 23 August 2011. As the normal processing time for a UVP packet is approximately 90 days from the date of submission, as a matter of equity it would be appropriate to amend his DOR to MAJ to 7 March 2011.
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 amending NGB Special Orders Number 200 AR, dated 29 August 2011, to show he was promoted to MAJ with a date of rank and effective date of 7 March 2011.
2. The Board further determined that the evidence presented was 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 correcting his DOR to MAJ to 7 February 2011.
__________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.
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