IN THE CASE OF:	

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120017515 


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 to her date of rank (DOR) for major (MAJ) from 21 July 2010 to 25 June 2007.

2.  The applicant states while assigned in the Individual Ready Reserve (IRR) she did not receive notifications regarding promotion to captain (CPT).  Promotion boards were missed and she remained a first lieutenant (1LT).  The applicant states she requested to be released from the IRR in 2007 to be appointed in the Louisiana Army National Guard (LAARNG).  

3.  The applicant states she was appointed in 2007 and went before an Army Special Selection Board and she was promoted to CPT with a DOR of 
26 November 2008.  National Guard Bureau (NGB) Federal Recognition Orders corrected her DOR to CPT to read 25 June 2003.  She was promoted to major (MAJ) with a DOR of 21 July 2010; they never backdated her DOR to 25 June 2007 based on being assigned in the IRR.

4.  The applicant provides:  

* Joint Forces Headquarters-Louisiana memorandum
* NGB Form 337 (Oath of Office)
* four Louisiana National Guard facsimile transmittal sheets
* 
NGB Form 60 (Request for Clearance from U.S. Army Reserve for Enlistment/Appointment in the Army National Guard)
* two DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 220 (Active Duty Report)
* NGB Form 22 (Report of Separation and Record of Service) 
* Grambling State University transcripts 
* Northern State University of Louisiana transcripts
* DA Form 1059 (Service School Academic Evaluation Report)
* NGB Form 89 (Proceedings of a Federal Recognition Board)
* two NGB Forms 62E (Application for Federal Recognition as an Army National Guard Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the Army National Guard of the United States)
* two DA Forms 2166-7 (NCO Evaluation Report)
* DA Form 67-8 (US Army Officer Evaluation Report)
* six DA Forms 67-9 (Officer Evaluation Report)
* DA Form 2-1 (Personnel Qualification Record)

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service.  On 20 August 1997, she was appointed in the ARNG in the rank/grade of second lieutenant (2LT)/O-1 effective 14 January 1997, in the Army Nurse Corps.

2.  NGB Special Orders Number 37 AR, dated 19 February 1999, awarded the applicant permanent Federal recognition in the rank/grade of 1LT/O-2, effective 19 February 1999.

3.  Orders Number 062-006, dated 2 March 2000, issued by the LAARNG, show the applicant was separated from the ARNG and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) effective 2 March 2000.

4.  Orders Number 320-1120, dated 16 November 2007, issued by the LAARNG, show the applicant was appointed in the ARNG in the rank/grade of 1LT/O-2, effective 3 November 2007 with a DOR of 19 February 1999.

5.  A memorandum, dated 5 November 2008, from the U.S. Army Human Resources Command (HRC), Office of Promotions, Reserve Components informed the applicant that an Army Special Selection Board had recommended that she be promoted to the rank of CPT.  

6.  NGB Special Orders Number 296 AR, dated 26 November 2008, awarded the applicant permanent Federal Recognition in the rank/grade of CPT/O-3, effective 26 November 2008.

7.  NGB Special Orders Number 304 AR, dated 4 December 2008, amended NGB Special Orders Number 296 AR to change the effective date of Federal recognition to 25 June 2003.

8.  Orders Number 202-1155, dated 21 July 2010, issued by the LAARNG, show the applicant was promoted to the rank/grade of MAJ/O-4, effective 
21 July 2010.

9.  Orders Number 211-1190, dated 30 July 2010, issued by the LAARNG, amended Orders Number 202-1155, to change the effective date of the applicant’s promotion to MAJ/O-4 to 30 July 2010.

10.  NGB Special Orders Number 164 AR, dated 30 July 2010, awarded the applicant Federal recognition in the rank/grade of MAJ/O-4, effective 30 July 2010.

11.  The Board analyst contacted the NGB, Federal Recognition Branch, Personnel Services Division on 6 June 2013.  A representative from the branch informed the analyst that the applicant was considered and selected by the 
2010 Major, Department of the Army Components Selection Board.  

12.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), effective 13 July 2004, provides policy and procedures for the selection and promotion of commissioned officers of the Army National Guard of the United States and the USAR.  Table 2-1 states the minimum time in grade (TIG) for promotion to MAJ is 4 years and the maximum TIG for promotion to MAJ is 7 years.  

13.  Army Regulation 135-155, paragraph 2-10, specifies that general mandatory selection boards will convene each year and consider USAR officers to grades CPT through lieutenant colonel (LTC) O-5 in an active status, not on the Active 
Duty List.  These boards will consider officers for promotion without regard to vacancies in the next higher grade.  First consideration will occur well in advance of the date the officer will complete the TIG requirements.  This may allow officers in the grades of 1LT through MAJ to be promoted on or before their maximum TIG.  Those officers, who were not selected for promotion on the first consideration, and who remain in an active status, will be reconsidered by the next board considering their grade and/or branch.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to adjustment to her DOR for MAJ.  She has not shown error, injustice, or inequity warranting the relief she now requests.

2.  Evidence of record shows the applicant was promoted to CPT with a DOR of 23 June 2003.  The maximum TIG requirement for CPT to MAJ is seven years in the lower grade. The applicant's records revealed she was considered, and selected by the 2010 Major, Department of the Army Reserve Components Selection Board with a DOR of 30 July 2010.  

3.  The applicant was placed before a mandatory board before maximum her TIG as provided by Army Regulation 135-155.  There is no evidence she should have been considered any earlier than that board.  Therefore, her military service records correctly show her DOR of 30 July 2010. 

4.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20120017515





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ABCMR Record of Proceedings (cont)                                         AR20120017515



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