IN THE CASE OF:	  

		BOARD DATE:	  1 March 2012

		DOCKET NUMBER:  AR20120001273 


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 an adjustment of his date of rank (DOR) to captain (CPT) from 15 December 2011 to 11 December 2010.

2.  The applicant states:

   a.  The Maryland Army National Guard (MDARNG) did not process his promotion packet for CPT because they stated he needed 2 years time in grade (TIG) from the date of his initial appointment.  They did not take into account the year of TIG he received on his initial appointment.  He was appointed in the MDARNG as a chaplain on 13 March 2009.  He was appointed as a first lieutenant (1LT) because he is Specialty Corps and has a Master of Divinity Degree.  
   
   b.  His NGB (National Guard Bureau) Form 0122E (Special Orders) show his DOR to 1LT as 13 March 2008.  He completed the Chaplain Officer Basic Course (OBC) on 11 December 2009.  The grade of his position as a chaplain has always been a CPT.  

   c.  He made his unit and officer personnel manager (OPM) aware that he had completed all requirements for promotion to CPT on 11 December 2009.  The 1 year TIG meant that he became eligible for promotion to CPT on 12 December 2010.  His State OPM office stated that he was not eligible until he had reached 2 years TIG from the date of his initial appointment.  His interpretation of the regulation and the 1 year TIG credit indicates that he was eligible.  He believes that an injustice has occurred because he has lost out on a year of TIG as a CPT.

3.  He provides:

* MDARNG appointment orders, dated 19 March 2009
* NGB Forms 0122E, dated 10 June 2009 and 16 December 2011
* MDARNG assignment orders, dated 9 February 2010
* Unit Manning Report, dated 13 December 2011
* DA Form 1059 (Service School Academic Evaluation Report)

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the MDARNG, Chaplain Branch, as a 1LT, and executed an oath of office effective 13 March 2009.  

2.  On 10 June 2009, the NGB published Special Orders Number 144 AR extending him permanent Federal recognition effective 13 March 2009 for his initial appointment in the ARNG.  These orders show his DOR for 1LT as
13 March 2008.

3.  He was assigned to a CPT's position effective 1 October 2009.  He completed the Chaplain OBC on 11 December 2009.

4.  He was ordered to active duty in support of Operation Enduring Freedom (OEF) and entered active duty on 24 March 2011.

5.  On 8 August 2011, the MDARNG issued amended Orders 220-036 promoting him to CPT effective 21 June 2011.  The orders also advised that the effective date of promotion would be the date Federal recognition orders were published.  The slot was a CPT/O3 position and when he returned from deployment he would occupy that slot.

6.  On 15 December 2011, NGB published Special Orders Number 326 AR extending him permanent Federal recognition and promotion to CPT effective 15 December 2011.

7.  Based on the required completion of 5 years TIG, his promotion eligibility for CPT by a mandatory promotion board is 13 March 2013.  

8.  National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions) prescribes the procedures for processing all applications for Federal recognition.  Chapter 8 states the effective date of promotion for an ARNG commissioned offer who is promoted in the States is the date the NGB extended Federal recognition.  A commissioned officer must complete the minimum of 2 years in the lower grade for promotion to CPT for a unit vacancy promotion.  The maximum TIG for mandatory consideration for promotion to CPT is 5 years.  The minimum military education requirement for promotion to CPT is any OBC.

9.  National Guard Regulation 600-100, paragraph 8-13, states a commissioned officer will be considered for promotion by a Department of the Army mandatory selection board when the officer meets the maximum TIG.  The provisions of Army Regulation 135-155 ((Promotion of Commissioned Officer and Warrant Officer Other Than General Officers) will apply.

10.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve and ARNG officers.  The regulation states ARNG officers will be considered for promotion by mandatory promotion boards, and promotion to CPT required completion of 5 years of maximum TIG as a first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed in the MDARNG as a 1LT effective 13 March 2009 with an adjusted DOR of 13 March 2008.  He completed the required OBC effective 11 December 2009.  He was deployed in support of OEF on 24 March 2011.

2.  It appears he was recommended for promotion to CPT by a unit vacancy board in 2011.  The MDARNG issued amended orders promoting him to CPT effective 21 June 2011.  The orders also advised that the effective date of promotion would be the date Federal recognition orders were published.  The slot was a CPT/O3 position and when he returned from deployment he would occupy that slot.  The NGB published orders extending him permanent Federal recognition and promotion to CPT effective 15 December 2011.

3.  He was not entitled to promotion to CPT until he was extended Federal Recognition on an approved unit vacancy promotion.  There is no indication that his promotion effective date and DOR for CPT was administratively delayed, unjust, or inequitable.  

4.  His contentions have been noted; however, there is no evidence of record and he has provided none to show he submitted a packet for a possible unit vacancy promotion and that a vacancy existed in 2010.  He could not be considered or 

even promoted without the benefit of an authorized position vacancy for him to fill.  It is concluded that he has not sufficiently shown that in 2010 he was prevented from equitable promotion consideration by a unit vacancy promotion.

5.  It is also noted that he was neither considered nor selected for promotion to CPT by a mandatory promotion selection board.  In retrospect, he has received an early promotion to CPT since he was promoted prior to serving the maximum TIG.

6.  In view of the foregoing, there is no basis for granting his request.

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)                                         AR20120001273



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ABCMR Record of Proceedings (cont)                                         AR20120001273



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