IN THE CASE OF:
BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120014944
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 her date of rank (DOR) to first lieutenant (1LT) in the Tennessee Army National Guard (TNARNG) from 5 June 2012 to 5 December 2011.
2. The applicant states she completed the Basic Officer Leaders Course (BOLC) and met the 18-month cut off for promotion to 1LT on 5 December 2011.
3. The applicant provides:
* DA Form 1059 (Service School Academic Evaluation Report)
* Orders 167-821 (State promotion orders)
* Orders 155-808 (State appointment orders)
* National Guard Bureau (NGB) Special Orders Number 168 AR
* NGB Special Orders Number 221 AR
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service, the applicant's records show she was appointed as a second lieutenant (2LT) in the TNARNG and executed an oath of office on 5 June 2010.
2. On 4 August 2010, the NGB published Special Orders 168 AR extending her Federal recognition for initial appointment effective 5 June 2010.
3. She entered active duty on 5 July 2011. She attended the Adjutant General BOLC from 7 July to 29 September 2011 at Fort Jackson, SC. She graduated on 29 September 2011 and she was released from active duty on 30 September 2011.
4. On 3 October 2011, the TNARNG awarded her area of concentration 42B (Human Resources Officer). She was assigned to the 510th Personnel Company, Nashville, TN. She was transferred to the 194th Engineer Brigade, Jackson, TN, in May 2012.
5. On 15 June 2012, the TNARNG published Orders 167-821 promoting her to 1LT with an effective date and DOR of 5 June 2012.
6. On 20 June 2012, the NGB published Special Orders Number 221 AR extending her Federal recognition for the purpose of promotion to 1LT in the ARNG with an effective date and DOR of 5 June 2012.
7. National Guard Regulation 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions) provides procedures for processing applications for Federal recognition. Paragraph 2-1 states commissioned officers of the 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. Paragraph 2-2 states the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oath of office in the State.
8. NGB Personnel Policy Memorandum 08-035, dated 25 November 2008, and Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs memorandum, dated 19 August 2008, state "this memorandum establishes Department of the Army Policy authorizing Reserve Component 2LT's on the Reserve Active Status List to be promoted to 1LT with a minimum of 18 months of time in grade and completion of the BOLC, if otherwise qualified."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant executed a DA Form 71 for appointment in the TNARNG on 5 June 2012. She was extended Federal recognition for this appointment with an effective date and DOR of 5 June 2010. The State promoted her to 1LT on 5 June 2012. Accordingly, the NGB extended her Federal recognition for this grade with an effective date and DOR of 5 June 2012.
2. Although it appears that she met the requirements for promotion to 1LT on 5 December 2011, promotion to 1LT in the ARNG is a function of the State. There is no evidence that she was recommended for promotion to 1LT upon completing 18 months of time in grade. The State published promotion orders with an effective date and DOR of 5 June 2012. The NGB extended her Federal recognition accordingly.
3. In the absence of orders published by the State confirming she was eligible and recommended for promotion with an earlier date, there is insufficient evidence to grant her relief.
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 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) AR20120014944
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