IN THE CASE OF:	  

		BOARD DATE:  23 February 2012

		DOCKET NUMBER:  AR20110024251 


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, in effect, that his permanent Federal Recognition date for promotion to the rank of captain be back-dated to 19 August 2010 and that he be awarded back pay from that date.

2.  The applicant states:

	a.  On 19 August 2010, he submitted a complete captain promotion packet to the 136th Military Police (MP) Battalion;

	b.  He was on the unit manning report in a captain's slot, had a college degree, graduated from the captain's career course, and had reached the time in grade required for promotion;

	c.  Based on no error or deficiency of his own, he was not promoted for 12 months, 3 weeks from the time a complete packet was submitted to the 136th MP Battalion; and

	d.  He checked monthly on the status of his promotion packet and he was advised that it was still in process.

3.  The applicant provides:

* DA Form 4037 (Officer Record Brief)
* 136th MP Battalion Officer Assignments Memorandum for Record, dated 1 December 2009
* Officer Personnel Management Branch Unit Vacancy Promotion Checklist
* College Transcript
* DA Form 705 (Army Physical Fitness Test Scorecard)
* Medical Protection System (MEDPROS) – Individual Medical Readiness 
* Person Summary

CONSIDERATION OF EVIDENCE:

1.  On 15 August 2006, a Federal Recognition Board was held by the South Texas Army National Guard (TXARNG) to determine if the applicant was qualified to be awarded Federal Recognition for initial appointment to the grade of second lieutenant, MP Branch.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.  

2.  The applicant executed his Oaths of Office with the TXARNG, in the rank of second lieutenant, effective 19 August 2006.

3.  National Guard Federal Recognition Orders Number 271 AR, dated 23 October 2006, awarded the applicant Federal Recognition for his initial appointment to the rank of second lieutenant, effective 19 August 2006.

4.  National Guard Federal Recognition Orders Number 238 AR, dated 18 September 2008, awarded the applicant permanent Federal Recognition for promotion to the grade of first lieutenant, effective 19 August 2008.

5.  The applicant's records contain an 18 September 2008 memorandum from the National Guard Bureau.  This memorandum states the applicant was promoted as a Reserve Commissioned Officer to the rank of first lieutenant with an effective date of 19 August 2008.  

6.  On 21 April 2011, a Federal Recognition Board determined that the applicant was qualified for Federal Recognition in the rank of captain, MP Branch.

7.  National Guard Federal Recognition Orders Number 222 AR, dated 14 September 2011, awarded the applicant permanent Federal Recognition for promotion to the grade of captain, effective 12 September 2011.

8.  The applicant's records contain a 14 September 2011 memorandum from the National Guard Bureau.  This memorandum states the applicant was promoted as a Reserve Commissioned Officer to the rank of captain with an effective date of 12 September 2011.  

9.  The applicant submits a Memorandum for Record from the 136th MP Battalion, dated 1 December 2009, showing he was the Executive Officer, 236 MP Company and being assigned as the Commander 702nd MP Company, effective 1 February 2010.  He also submits a Unit Vacancy Promotion Checklist (undated), College Transcripts, dated 15 may 2006, DA Form 705, dated 15 November 2009, MEDPROS – Individual Medical Readiness Sheet, and Person Summary, which appear to be part of his promotion packet.

10.  National Guard Regulation 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal Recognition.  Paragraph 2-1 states that commissioned officers of the Army National Guard (ARNG) are appointed by the several States under Article 1, Section 8 of the U. S. Constitution.  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.  Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the ARNG of the United States if they have not already accepted such appointment.  

11.  Paragraph 8-1 of National Guard Regulation 600-100 states the promotion of officers in the ARNG is a function of the State.  Paragraph 8-3 states a commissioned officer who has been promoted by the State and extended Federal Recognition in the higher grade will be concurrently promoted to the higher grade in the Reserve of the Army with assignment to the ARNG of the United States.

12.  Paragraph 10-1 of National Guard Regulation 600-100 states that in order for an officer to be concurrently appointed, promoted, or receive a branch transfer as a Reserve commissioned officer of the Army, the State action must be federally recognized.  Federal Recognition action is the acknowledgment by the Federal Government that an officer appointed, promoted, or transferred to an authorized grade and position vacancy in the ARNG meets the prescribed laws and regulations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and his supporting evidence have been considered.

2.  Orders show the applicant was promoted in the TXARNG under a unit vacancy position to the rank of captain effective 12 September 2011.  This promotion was accomplished at the discretion of the Adjutant General of the State of Texas.  

3.  While there was a delay in the processing of the applicant's promotion to captain, the applicable regulation provides that in order for an officer to be concurrently appointed, promoted, or receive a branch transfer as a Reserve commissioned officer of the Army, the State action must be federally recognized.

4.  The applicant was awarded permanent Federal Recognition for the purpose of promotion to the rank of captain with an effective date of 12 September 2011.  He was properly promoted to captain on 12 September 2011, the date his promotion was Federally Recognized.

5.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20110024251



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ABCMR Record of Proceedings (cont)                                         AR20110024251



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