IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120006565
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 correction of his effective date and date of rank to first lieutenant (1LT) to read 8 November 2010.
2. The applicant states he was an Early Commissioning Program (ECP) graduate from Marion Military Institute, Marion, Alabama, on 9 May 2009. He states his unit commanders since then have not been aware that he was authorized promotion without being military occupational specialty qualified. As a result, a promotion packet for him was not allowed for submission.
3. The applicant provides the documents identified in his application.
CONSIDERATION OF EVIDENCE:
1. The applicant attended the Marion Military Institute and he was appointed as a Reserve commissioned officer in the grade of second lieutenant (2LT) on 9 May 2009 under the provisions of the ECP and was granted Federal recognition on 9 May 2009.
2. On 19 April 2011, he was appointed as a 2LT in the Vermont Army National Guard (VTARNG) and he was extended Federal recognition by the National Guard Bureau (NGB) in Special Orders (SO) Number 220 AR, dated 14 September 2011.
3. On 15 December 2011, the applicant completed the Engineer Officer Basic Course (OBC).
4. On 30 March 2012, the VTARNG published orders promoting the applicant to 1LT effective and with a date of rank of 15 December 2011 and he was extended Federal recognition by the NGB in SO Number 235 AR, dated 29 June 2012.
5. In connection with the processing of this case, an advisory opinion was obtained from the Acting Chief, Personnel Policy Division, NGB, recommending approval of the applicant's request. It states the applicant was eligible for and should have been promoted to 1LT upon completion of 18 months of service. It further indicates that based on his assignment to the ECP, he was not required to attend OBC prior to promotion. It states the VTARNG suggests the applicant's promotion was delayed due to an administrative error related to his Federal Recognition as a 2LT. Based on the circumstances, NGB states the applicant should receive full administrative relief. His initial Federal recognition date should be changed to 9 May 2009 and his subsequent promotion to 1LT should be changed to 8 November 2010. On 19 December 2012, the applicant concurred with the NGB advisory opinion.
6. NGB Personnel Policy Operation Memorandum 08-035, dated 11 April 2009, provided for the promotion of ARNG officers from 2LT to 1LT on the Reserve Active Status List with a minimum of 18 months of time in grade.
7. National Guard Regulation 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions) provides the policies and procedures used in commissioning, assignment, control, and administration of cadets appointed under the ECP. It states that during the 36 months they are allowed to complete the bachelor's degree program, ECP 2LT's may be promoted to 1LT without attending OBC.
DISCUSSION AND CONCLUSIONS:
The applicant's request to correct his 1LT promotion effective date and date of rank has been carefully considered and found to have merit. Regulatory and NGB policy provides for promoting ECP 2LT's to 1LT upon completion of 18 months of time in grade without regard to completion of OBC. Therefore, it would be appropriate to correct the applicant's record as recommended in the NGB advisory opinion to which the applicant concurred.
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 is 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:
a. changing his initial 2LT Federal recognition date to 9 May 2009,
b. changing the effective date of promotion and date of rank to 1LT to 8 November 2010, and
c. providing him all back pay and allowances due as a result of these corrections.
____________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.
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