IN THE CASE OF:	  

		BOARD DATE:	  27 March 2012

		DOCKET NUMBER:  AR20110019854 


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:

* adjustment of her date of promotion and date of rank (DOR) to captain (CPT) from 15 June 2011 to 15 October 2010
* restoration of back pay and allowances

2.  The applicant states:

* She was accessed into the California Army National Guard (CAARNG) in October 2008
* She was told that she would have two years to complete the Chaplain Basic Officer Leader Course (CH-BOLC) and that upon completion, she would be promoted to CPT; she completed the CH-BOLC in October 2010
* She has tried unsuccessfully to resolve this issue through her chain of command and has repeatedly submitted the necessary paperwork
* Her efforts were made harder when she deployed to Iraq where resources were not readily available

3.  The applicant provides a self-authored summary of events.

CONSIDERATION OF EVIDENCE:

1.  On 9 October 2008, a Federal Recognition Board (FRB) was held by the CAARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated the applicant was satisfactory in her physical qualifications, moral character and general qualifications.  The FRB also noted that the applicant received a favorable determination by the Chief of Chaplains Accession Board and was eligible for appointment as a first lieutenant (1LT) with one year time in grade (TIG).

2.  The applicant was appointed as a 1LT in the CAARNG and she executed an oath of office on 9 October 2008.  She was assigned a DOR of 9 October 2007 and she was assigned to the 185th Military Police Battalion, Richmond, CA.

3.  She completed Phases 2 and 3 of the CH-BOLC from 18 July to 2 September 2010 and she was issued a DD Form 220 (Active Duty Report) to capture this period of active service.  

4.  On 15 January 2010, she was assigned to the 749th Combat Service Support Battalion, Benicia, CA, as a chaplain.

5.  On 10 November 2010, she was ordered to active duty as a member of her ARNG unit in support of Operation New Dawn.  She subsequently served in Iraq from 22 December 2010 to 1 November 2011.  She was honorably released from active duty to State control on 15 December 2011. 

6.  On 21 June 2011, while she was deployed, the National Guard Bureau (NGB) published Special Orders Number 139 AR extending her Federal recognition for promotion to CPT effective 16 June 2011.  

7.  An advisory opinion was obtained on 15 March 2012 in the processing of this case.  An NGB official recommended disapproval of the applicant's request to adjust her effective date of promotion to DOR from 16 June 2011 to 8 October 2010 and restoration of back pay and allowances.  The official stated:

* Eligibility does not mean automatic promotion and promotion is not used to reward past performance
* The State states the applicant was promoted to 1LT on 8 October 2008 and was eligible for promotion to CPT on 8 October 2010
* The applicant's chain of command did not endorse her promotion until 7 January 2011
* The promotion packet was submitted to the State FRB and approved on 18 February 2011
* The applicant's promotion packet was processed by the NGB on 24 February 2011
* Once received by the NGB, her promotion packet was staffed and circulated through normal channels which for a unit vacancy may take up to 120 days; thus the NGB Federal Recognition Special Orders remains valid
* Additionally, the applicant could not have been promoted prior to the date her FRB that convened on 18 February 2011

8.  The applicant submitted a rebuttal wherein she stated:

* She was eligible for promotion upon completion of the CH-BOLC
* Her chain of command supported her promotion as early as August 2010 and they believed she deserved the promotion
* The incompetence and change of personnel impacted her ability to get support to get her paperwork through the channels
* If she had the ability and support, she would have been able to submit the paperwork to the State Federal Recognition Board earlier
* Her deployment made it even harder to get support
* She understands the delays but she should not be penalized because of her deployment and lack of support by other personnel

9.  Title 10, section 14308f states the effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the ARNG under section 307 or 310 of Title 32 shall be the date on which such Federal recognition in that grade is so extended. 

10.  The Reserve Officer Personnel Management Act (ROPMA) brought the Reserve Component officer promotion system in synch with the active component.  ROPMA states the effective date of promotion and date of rank of an officer who is promoted under the position vacancy system is the date the Chief, NGB extends Federal recognition.  It is not the date of appointment into the position or the date of Federal Recognition Board if either of those dates is an earlier date.  Therefore, there is no entitlement to pay and allowances prior to the date the Chief, NGB extends Federal recognition. 

11.  Army Regulation 135-155 (Army National Guard and Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve Component officers.  Table 2-1 provides the time in grade requirements for promotion of commissioned officers.  It states that for promotion from 1LT to CPT, the minimum number of years in the lower grade is 2 years and the maximum number of years in the lower grade is 5 years.

12.  The Department of the Army, Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs, memorandum, dated 4 April 2006, eliminated the mandatory CPT promotion selection board for Reserve of the Army Chaplain Corps officers in the Army Reserve, the Active Guard Reserve, and ARNG competitive categories.  The Office of the Chief of Chaplains will begin reviewing Reserve Component Chaplain Corps officers for promotion to CPT up to three times a year.  The approval authority for promotion to CPT remains the Secretary of Defense.

13.  National Guard Regulation (NGR) 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) prescribes policies and procedures governing the appointment, assignment, temporary Federal recognition, Federal recognition, reassignment, and other personnel issues related to commissioned officers of the ARNG.  It states commissioned officers of the ARNG are appointed by the several States.  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.  

14.  Chapter 8 of NGR 600-100 states that the promotion of officers in the ARNG is a function of the State, and as in original appointments, a commissioned officer promoted by State authorities has a State status in the higher grade under which to function.  However, to be extended Federal recognition in the higher grade, the officer must have satisfied the promotion requirements.  It also states a commissioned officer must complete the required minimum years of promotion service prior to being considered for promotion and Federal recognition in the higher grade.  Promotion from 1LT to CPT requires a minimum of 2 years time in grade.  

15.  Paragraph 8-2 of NGR 600-200 states a promotion criteria is based on efficiency, time in grade, time in commissioned service, demonstrated command and staff ability, military and civilian education, and potential for service in the next higher grade.  Promotion is not used solely as a reward of past performance.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed as 1LT on 8 October 2008.  She completed the CH-BOLC in September 2010.  She was recommended for promotion by her chain of command for a unit vacancy on 8 October 2010; however, her chain of command did not endorse her recommendation until 7 January 2011.

2.  Her promotion packet was submitted to the State FRB and approved on 18 February 2011.  It was processed by the NGB on 24 February 2011.  Once received by the NGB, her promotion packet was staffed and circulated through normal channels which for a unit vacancy may take up to 120 days; thus the NGB Federal Recognition Special Orders remains valid.  Additionally, the applicant could not have been promoted prior to her FRB date of 18 February 2011.  

3.  In view of the foregoing evidence, she is not entitled to the requested relief.

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)                                         AR20110019854



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ABCMR Record of Proceedings (cont)                                         AR20110019854



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