IN THE CASE OF:	  

		BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110022153 


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 captain date of rank (DOR) to 24 February 2002 and promotion consideration to major by a special selection board (SSB).

2.  The applicant states a memorandum dated 29 June 2010 filed in her records maintained in the interactive Personnel Electronic Records Management System (iPERMS) explains the correction.  Moreover, on 25 October 2011 she was selected for promotion to the rank of major by the 2011 Department of the Army (DA) Reserve Component Major Board.  She states the error occurred due to lack of knowledge or experience by the Washington District of Columbia (DC) Army National Guard (ARNG) G-1 and Recruiting and Retention Officer. 

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty); a Joint Force Headquarters, DC National Guard Memorandum for Record (MFR), subject: Correction of DOR RE: [applicant]; and emails related to the subject of her request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she was appointed as a Reserve Commissioned Officer, Signal Corps, as a second lieutenant, effective 15 June 1997.

2.  She entered on active duty effective 25 June 1997.

3.  U.S. Total Army Personnel Command Order Number 326-058, dated 
21 November 2000, shows she was promoted to the rank of captain with an effective date and DOR of 1 December 2000.  

4.  Her DD Form 214 for the period beginning 25 June 1997 shows she was honorably released from active duty (REFRAD) for miscellaneous/general reasons, on 16 December 2003, under the provisions of Army Regulation 
600-8-24 (Officer Transfers and Discharges), paragraph 2-5 which states, if eligible, an officer may request REFRAD whenever such action is considered appropriate.  This form shows she completed a total of 6 years, 5 months, and 22 days of creditable active service.  Item 12h (Effective Date of Pay Grade) of her DD Form 214 shows the entry "20001201."

5.  Her records contain a DD Form 256A (Honorable Discharge) and Headquarters, U.S. Army Reserve Command Orders 06-335-00008, dated 1 December 2006, showing she was discharged from the U.S. Army effective 11 December 2006.

6.  National Guard Bureau (NGB) Special Orders Number 196, dated 4 August 2008, show she was extended Federal recognition for the purpose of initial appointment in the ARNG in the rank of captain, effective 3 March 2008.

7.  Joint Force Headquarters, DC National Guard MFR, subject: Correction of DOR RE: [Applicant]; indicates her DOR was corrected to read 24 February 2002 in accordance with National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions).  Paragraph 3 of this MFR stated the following information was verified using her Official Military Personnel File (OMPF):

* 20031216 - Transferred to U.S. Army Reserve (USAR) (Reinforcement)
* 20061211 - Discharged from USAR (Reinforcement)
* 20061211 - 20080303 (civilian break of 1 year, 2 months, and 23 days - inclusive)
* 20080303 - Acceptance into the ARNG
* 20001201 - Previous DOR while on Active Duty
* 20020224 - Adjusted DOR (previous line + civilian break)

The MFR further stated her DOR was corrected in SIDPERS and any previously submitted officer evaluation reports must be corrected in accordance with Army Regulation 623-3 (Evaluation Reporting System). 

8.  She completed the Signal Captains Career Course effective 14 May 2002.

9.  There is no evidence she was considered for promotion to major by the 2009 (convened on or about 9-25 March 2009) or 2010 Reserve Components Selection Boards (RCSB’s).  To be in the zone for promotion consideration:

	a.  the 2009 RCSB required an officer to have a captain DOR of 1 September 2002 through 31 August 2003; and

	b.  the 2010 RCSB required an officer to have a captain DOR of 1 September 2003 through 31 August 2004.

10.  The approved 2009 Major Board results were released on 9 July 2009. 

11.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States (ARNGUS) and the USAR.

	a.  An officer who has been recommended for promotion to the next higher grade must be in the zone of consideration before being promoted in the Reserve Components.  The Secretary of the Army or his or her designee will establish the zone of consideration for each mandatory promotion board for commissioned officers. 

	b.  Table 2-1 shows for promotion to major, the minimum time in lower grade is 4 years and the maximum time is 7 years.  Paragraph 2-5, eligibility for consideration, states to be eligible for consideration for promotion to the next higher grade, an ARNGUS or USAR officer must have continuously performed service on either the Reserve Active Status List (RASL) or the active duty list (ADL) (or a combination of both lists) during the 1-year period ending on the convening date of the promotion board, and must meet the time-in-grade (TIG) requirements in table 2-1.

	c.  Officers who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a promotion advisory board or a SSB, as appropriate.  Paragraph 3-19d(3) states SSBs convened under the Reserve Officer Personnel Management Act will reconsider commissioned officers who were erroneously not considered on or after 1 October 1996 when referral is requested by the ABCMR.

	d.  Paragraph 4-21 states unit officers selected by a mandatory board will have a promotion date and effective date no earlier than the date the board is approved or the date of Senate confirmation (if required), provided they are assigned to a position in the higher grade.  When the board approval or, if required, Senate confirmation is before assignment to the position in the higher grade, the effective date and the date of promotion will be the date of assignment to the higher-graded position.

12.  Title 10, U.S. Code, section 12207, states that for the purpose of determining the grade and the rank within grade of a person receiving an original appointment as a reserve commissioned officer (other than a commissioned warrant officer) in the Army, Navy, Air Force, or Marine Corps, the person shall be credited at the time of the appointment with any commissioned service (other than service as a commissioned warrant officer) performed before such appointment as a regular officer, or as a reserve officer in an active status, in any armed force.

DISCUSSION AND CONCLUSIONS:

1.  Her records show she was discharged from the Army on 11 December 2006, thereby no longer holding a commissioned status.
  
2.  NGB Special Orders Number 196 show she was extended Federal recognition for the purpose of initial appointment in the ARNG in the rank of captain, effective 3 March 2008.

3.  The DOR assigned to the applicant at the time of her reappointment in the ARNG should have credited her with her time served as a captain on active duty and in the USAR (Reinforcement).  The DC National Guard MFR incorrectly included the dates of 20061211 and 20080303 in its civilian break calculation, both dates on which she had a military status.  Based on the results of the calculations below, she had a civilian break of 1 year, 2 months, and 21 days 
(2 days less than the MFR shows).  Therefore, she is entitled to adjustment of her captain DOR to reflect 22 February 2002.

2008-03-02
day prior to reappointment in ARNG
2006-12-12
day following discharge date from USAR-Reinforcement
      1-02-20
subtotal
              +1
provides for inclusive dates
      1-02-21
period of civilian break
2000-12-01
effective date and DOR for promotion to captain on active duty
2002-02-22
adjusted DOR to captain
4.  Based on her continuously performing service on the RASL during the 1-year period ending on the convening date of the promotion board, the date she completed of the Signal Captains Career Course, the recommended correction to her captain DOR to 22 February 2002, and her TIG as a captain it appears she met the requirements for consideration for promotion to major by the 2009 Major RCSB, which convened during the period on or about 9-25 March 2009.  Therefore, it would be appropriate, if the applicant was at the time of the Major FY 2009 Promotion Board otherwise eligible for promotion consideration, to send her records to an SSB for promotion consideration to major under the FY 2009 criteria.  If she is selected and otherwise meets the criteria for promotion on that date, she should be promoted accordingly.

5.  If she is not selected for promotion to major under the FY 2009 criteria and was at the time of the Major FY 2010 Promotion Board otherwise eligible for promotion consideration, her records should be submitted to an SSB for promotion consideration to major under the FY 2010 criteria.

6.  The applicant would be entitled to any difference in pay that would result if she is selected for promotion to major under the criteria followed by the FY 2009 and FY 2010 criteria for the Major Promotion Selection Board.

7.  In view of the foregoing, it would be appropriate to correct her records as shown below.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

   a.  adjusting her DOR to captain to show 22 February 2002;
   
   b.  following administrative implementation of the foregoing, placing her records before a duly-constituted SSB for promotion consideration to major under the criteria followed by the FY 2009 and if necessary FY 2010 criteria for the Major Promotion Selection Board;

	c.  If she is selected for promotion by the SSB and if otherwise eligible, her records be further corrected by showing she was promoted to the next higher grade on her date of eligibility therefore, as determined by appropriate Departmental officials using the criteria cited, provided she was otherwise qualified and met all other prerequisites for promotion; and by providing her all back pay and allowances due as a result.  If she is not selected for promotion by an SSB under the criteria followed by the FY 2009 or FY 2010 criteria for the Major Promotion Selection Board, she should be so notified by the appropriate promotion officials.




      _______ _   _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)                                         AR20110022153



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ABCMR Record of Proceedings (cont)                                         AR20110022153



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