IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110021177
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) as a second lieutenant (2LT) be changed to 19 March 2010.
2. The applicant states, in effect, that he took his oath of office as a 2LT on
19 March 2010. His application for Federal recognition for appointment to the rank of 2LT was not timely processed and resulted in his promotion being delayed until 28 October 2010, which has delayed his promotion to first lieutenant (1LT).
3. The applicant provides a copy of his oath of office, his appointment orders, a copy of an email from his personnel sergeant, and a copy of his Inspector General Action Report (IGAR).
CONSIDERATION OF EVIDENCE:
1. The applicant completed Officer Candidate School in the Texas Army National Guard (TXARNG) on 18 March 2010 and a Federal Recognition Examining Board conducted in Austin, Texas on the same date recommended that he be granted Federal Recognition on 19 March 2010.
2. The applicant took his oath of office as a 2LT on 19 March 2010 and for reasons that are not apparent in the available records, his Federal Recognition was not approved until Special Orders Number 28 AR approved Federal recognition on 28 October 2010. Accordingly, his date of rank for his initial appointment was changed to 28 October 2010.
3. The applicant completed his Infantry Officer Basic Course on 28 April 2011 and was subsequently ordered to active duty in support of Operation Enduring Freedom for 400 days.
4. National Guard Regulation 600-100 provides, in pertinent part, that the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oaths of office in the State.
DISCUSSION AND CONCLUSIONS:
1. The applicant executed his original oaths of office as a 2LT on 19 March 2010 and for reasons that are not explained in the available records, his application for permanent Federal recognition was not timely forwarded to the appropriate authorities for final action and he was not granted Federal Recognition until
28 October 2010.
2. As a result, the applicants permanent Federal recognition has been unduly delayed through no fault of the applicant. Consequently, the applicants permanent Federal recognition and subsequent promotion to the rank of 1LT have been unnecessarily delayed.
3. However, had the application for permanent Federal recognition been properly and timely processed, the applicants date of rank for 2LT would have been 19 March 2010 and his date of rank for promotion to the rank of 1LT would have been 19 September 2011 if he was eligible.
4. Accordingly, it would be in the interest of justice at this time to correct the applicants records by showing that he was granted permanent Federal recognition in the rank of 2LT effective 19 March 2010.
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 granted permanent Federal recognition in the rank of 2LT effective 19 Match 2010 and that he be promoted to the rank of 1LT (if eligible) with the appropriate date of rank, effective date and Federal Recognition based on the change of his 2LT DOR, with 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) AR20110021177
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ABCMR Record of Proceedings (cont) AR20110021177
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